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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.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          JAMES D. PETERSON, UNITED STATES DISTRICT JUDGE

         The above-captioned matter having come before the Court to be heard, Honorable James D. Peterson, United States District Judge for the Western District of Wisconsin, presiding without a jury, on April 23, 2019, the Plaintiff, United States of America, having appeared by its attorney, the Office of the United States Attorney for the Western District of Wisconsin, and no appearance having been made on behalf of the Defendants herein, except as may be noted on the record; the Clerk of the United States District Court for the Western District of Wisconsin having duly entered the default of 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.; and the United States having filed a Notice of Application for Default and Motion for Default Judgment, with accompanying Declarations; and it further appearing that due notice of application and motion for judgment has been made to the Defendants, and the Court having heard the matter, therefore makes and files the following findings of fact and conclusions of law constituting its decision in this action.

         FINDINGS OF FACT

         1. The allegations set forth in the United States' complaint are accepted as true.

         2. There is now due and unpaid on all Notes and Mortgages held by the United States as of April 23, 2019, the sums set forth in Attachment A.

         3. The United States has incurred the following costs in this action: See Attachment A.

         4. The remaining chattel secured by the promissory notes and security agreements held by the United States is described in Attachment B attached hereto.

         5. No other proceedings have been held at law or otherwise for the recovery of the sum secured by the promissory notes, security agreements, continuation statements, financing statements, and mortgages.

         6. The mortgaged premises are described as follows:

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°38'14ME 393.18 feet on the East/West Quarter line of said Section 5, to the point of beginning, of the parcel to be herein described; thence N89°38'14"E 932.92 feet on said line; thence S01°20'48"W 492.94 feet on the East line of said NW1/4 of the SW1/4; thence N89038'14"E 445.02 feet on the South line of the North 15 acres of said NE1/4 of the SW1/4; thence SO3<`O4'57"W 429.93 feet; thence N88°48'54"W 540.76 feet; thence N86°17'06"W 544.20 feet; thence S06o20'46ME 297.20 feet; thence S88°22'00"W 713.63 feet; thence N01°21'00ME (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°38'14ME 393.18 feet; thence N01°21'00nE 904.40 feet to the point of beginning.
Subject to 690th Street right of way.
Pierce County, Wisconsin.
Tax ID.: 012-01011-0900

         7. The real estate is so situated that it cannot be sold in parcels without injury to the interest of the parties, and a sale of the ...


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