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United States v. Borst

United States District Court, W.D. Wisconsin

April 23, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JERIME J. BORST, DIANE M. BORST, WESTERN WISCONSIN NUTRITION, LLC, BINKOWSKI OIL, LLC, PIERCE VETERINARY CLINIC, INC., DEERE & COMPANY, THE COOPERATIVE FINANCE ASSOCIATION, INC., PHI FINANCIAL SERVICES, INC., and BANK OF AMERICA, N.A. Defendants.

          JUDGMENT OF FORECLOSURE AND SALE

          JAMES D. PETERSON, UNITED STATES DISTRICT JUDGE

         The Defendants, Jerime J. Borst, Diane M. Borst, Western Wisconsin Nutrition, LLC, Binkowski Oil, LLC, Pierce Veterinary Clinic, Inc., Deere & Company, The Cooperative Finance Association, Inc., Phi Financial Services, Inc., and Bank of America, N.A., having failed to appear, plead, or otherwise defend in this action, and default having been entered on April 2, 2019, 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 the United States and against Defendants as follows:

         Real Estate

         1. There is now due and owing to the United States as of and including April 23, 2019, the sum set forth in Attachment A.

         2. The Defendants shall not be granted a right of redemption

         3. The United States is entitled to Judgment of Foreclosure and Sale in the usual form on the mortgaged premises, located in Pierce County, Wisconsin, and described more specifically as:

That certain parcel of land located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4 of Section 5, Township 25 North, Range 17 West, Town of Hartland, Pierce County, Wisconsin, more fully described as follows: Commencing at the West Quarter corner of said Section 5; thence N89°38'14"E 393.18 feet on the East/West Quarter line of said Section 5, to die point of beginning, of the parcel to be herein described; thence N89°38'14"E 932.92 feet on said line; thence S01°2048"W 492.94 feet on the East line of said NW1/4 of the SW1/4; thence N89"38'I4"E 445.02 feet on the South line of the North 15 acres of said NE1/4 of the SW1/4; thence SO3W57"W 429.93 feet; thence N88048'54'W 540.76 feet; thence N86°17'06"W 544.20 feet; thence S06°2046"E 297.20 feet; thence S88"22'OO"W 713.63 feet; thence N01°21'00"E (assumed bearing on the West line of the SW1/4 of said Section 5, recorded as North) a distance of 276.11 feet; thence N89°38'14"E 393.18 feet; thence N01o21'00"E 904.40 feet to the point of beginning.
Subject to 690th Street right of way.
Pierce County, Wisconsin.
Tax ID.: 012-01011-0900

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

         5. 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, ...


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