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United States v. Sugar Mountain Farm, LLC

United States District Court, W.D. Wisconsin

December 21, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SUGAR MOUNTAIN FARM, LLC, JOSHUA J. STAUM, and DEBORAH J. ECKLUND, Defendants.

          JUDGMENT OF FORECLOSURE AND SALE

          WILLIAM M. CONLEY UNITED STATES DISTRICT JUDGE

         The Defendants, Sugar Mountain Farm, LLC, Joshua J. Staum, and Deborah J. Ecklund, having failed to appear, plead, or otherwise defend in this action, and default having been entered on November 9, 2017, and counsel for Plaintiff United States of America having requested judgment against the defaulted Defendants and having filed a proper motion and declarations in accordance with Fed.R.Civ.P. 55(a) and (b);

         Judgment is hereby entered in favor of Plaintiff and against Defendants as follows:

         1. There is now due and owing to Plaintiff as of and including December 20, 2017, the following sum: See Attachment A.

         2. Plaintiff is entitled to Judgment of Foreclosure and Sale in the usual form on the mortgaged premises, located in Vernon County, Wisconsin, and described more specifically as:

All that part of the East 1/2 of the SE1/4 of Section 33, Township 13 North, Range 3 West, Town of Webster, Vernon County, Wisconsin, lying South of highway.

         3. The mortgaged premises shall be sold as a whole at public auction in the County of Vernon, State of Wisconsin, by or under the direction of the United States Marshal for the Western District of Wisconsin.

         4. The Defendants, their heirs, successors and assigns, and all persons claiming under them or either of them after the filing of notice of the pendency of this action, be forever barred and foreclosed of all right, title, interest, and equity of redemption in said mortgaged premises.

         5. In case of sale pursuant hereto:

a) the United States Marshal shall give public notice of the time and place of the sale as required by law, and that notice of the sale be published in the Vernon County Broadcaster, a newspaper published in the City of Viroqua, Vernon County, Wisconsin;
b) the United States Marshal shall allow any of the parties to this action to purchase at the sale the above-described premises;
c) the United States Marshal shall file with the Clerk of this Court his report of the sale, and shall also immediately after the sale deposit the proceeds thereof, after deducting the costs and expenses of the sale unless otherwise ordered by the Court;
d) the United States Marshal may accept from the purchaser at such sale, as a deposit or down payment upon the same, not less than ten percent (10%) of the purchase price, in which case such amount shall be deposited as above provided, and the balance of the sale price shall be paid to the United States Marshals' Service by the purchaser at the sale, within thirty (30) days of the date of sale, except that if Plaintiff is the successful bidder at the sale, the United States Marshal may take the receipt of Plaintiff in lieu of cash payment;
e) the United Marshal, upon compliance on the part of the purchaser with the terms of the sale as required by law, and upon confirmation of the sale by the Court, shall make and execute to the purchaser a deed to the premises so ...

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