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United States v. Kutz

December 4, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DANIEL KUTZ, SR., A/K/A DANIEL KUTZ, A/K/A DANIEL E. KUTZ, AND AMERICAN GENERAL FINANCIAL SERVICES OF ILLINOIS, INC., DEFENDANTS.



The opinion of the court was delivered by: Murphy, Chief District Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE

Before the Court is Plaintiff's motion for entry of judgment. An order of default having been entered against Defendants, the motion (Doc. 21) is GRANTED, and IT IS ORDERED AND ADJUDGED:

1. The Court has jurisdiction over the parties and subject matter of this suit. Defendants have been properly served with summons and a copy of the complaint but failed to answer or otherwise enter any appearance herein.

2. Defendant, Daniel Kutz, Sr., a/k/a Daniel Kutz a/k/a Daniel E. Kutz, executed a note in the amount of $90,000.00 to the United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration). This note was secured by a mortgage dated June 16, 2000, said mortgage on the hereinafter described property being executed by mortgagors wherein the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, was the mortgagee. The mortgage was recorded on June 20, 2000.

3. By virtue of the mortgage and indebtedness thereby secured, Plaintiff, United States of America, has a valid and subsisting lien as follows:

Common address: 14500 Baumann Rd, Highland, Illinois 62249 Legal Description: Lot 8 in Hickory Hills Subdivision, being a subdivision of part of the northwest Quarter of the Northwest Fractional Quarter of Section 7, Township 3 North, Range 4 West of the Third Principal Meridian, Clinton County, Illinois, as shown on the plat recorded September 21, 1994 as Document No. 1994-R5528 and in Slide 528 D in the Recorder of Clinton County, Illinois. Except coal and other minerals underlying said premises with the right to mine and remove same.

4. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due to Plaintiff, United States of America, as follows:

(a) For its own use and benefit for the costs of this suit and for:

U.S. Attorney's Docket and Recording Fees ...... $250.00

U.S. Marshal's Costs for Service of Summons .... $53.47

Fee to publish Notice of Pendency of Action ..... $712.80

Title expenses .......................... $611.00

TOTAL ................... $1,695.27

(b) For the use and benefit of Plaintiff, holder of the note secured by the mortgage aforesaid, but subject and subordinate to the lien for payment of the items ...


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