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United States v. Green

January 23, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GARY L. GREEN, DEBRA S. GREEN, AND ANNAPOLIS GRAIN COMPANY, DEFENDANTS.



JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

This cause coming on to be heard upon the Plaintiff's Complaint, and an Order of Default having been entered against the Gary L. Green and Debra S. Green; on this day the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendants have each been properly served with summons and a copy of the Complaint on the date shown, and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, are ordered defaulted.

2. That the Defendants, did execute the following notes to the United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), and that said notes were secured by the following mortgages: Date of Mortgages Date of Recording July 16, 1979 July 16, 1979 April 26, 1983 April 26, 1983 February 21, 1984 February 21, 1984 December 26, 1984 December 27, 1984 June 12, 1985 June 12, 1985 April 10, 1992 April 10, 1992 April 23, 1997 April 23, 1997 March 23, 1999 March 23, 1999 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.

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

Common address: Tracts 1, 2, and 3: One half mile east of Illinois State Route 1 on the North side of Clark County 150th Road, also known as Crawford County Road running through the Village of West York.

Tract 4: 2647 North 1250th Street, West York, Illinois 62478.

Legal Description:

Tract 1: The West Fifty-three (53) feet of even width off the West Side of Six (6) acres described as follows: Commencing at the Southwest Corner of the East Half (E 1/2) of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of Section Thirty-one (31), Township Nine (9) North and in Range Eleven (11) West of the Second Principal Meridian; thence running North Forty-eight (48) rods; then East Twenty (20) rods; thence South Forty-eight (48) rods; thence West Twenty (20) rods to the place of beginning, containing in all One (1) acre, more or less, situated in Clark County, Illinois; and Tract 2: A tract of land bounded and described as follows: Commencing Sixty-one (61) rods East of the Southwest Corner of the Southeast Quarter (SE 1/4) of Section Thirty-one (31), Township Nine (9) North and in Range Eleven (11) West of the Second Principal Meridian; thence North Forty-eight (48) rods; thence East to the West line of the Right of Way of the C.C.C. and St. Louis Railroad; thence North along said right of way to the North line of the Southeast Quarter (SE 1/4); thence West to the Northwest Corner of the East Half (1/2) of the West Half (1/2) of the Southeast Quarter (SE 1/4); thence South to the point Forty-eight (48) rods North of the Southwest Corner of the East Half (E 1/2) of the West Half (W 1/2) of the Southeast Quarter (SE 1/4); thence East Twenty (20) rods; thence South Forty-eight (48) rods; thence East One (1) rod to the place of beginning, containing in all Fifty-seven (57) acres, more or less, situated in Clark County, Illinois; and Tract 3: All that part of the East half (E 1/2) of the Southeast Quarter (SE 1/4) of Section Thirty-one (31), Township Nine (9) North and in Range Eleven (11) West of the Second Principal Meridian, lying East of the Right of Way of the C.C.C. and St. Louis Railroad Company, containing Thirty-seven (37) acres, more or less, situated in Clark County, Illinois; and Tract 4: The Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Thirty-one (31), Township Nine (9) North, Range Twelve (12) West of the Second Principal Meridian, EXCEPT Fifteen (15) acres evenly off the North side thereof, leaving Twenty-five (25) acres, more or less, situated in Clark County, Illinois.

4. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the Complaint, there is due the Plaintiff, the 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 ...... $290.00 U.S.

Marshal's Costs for Service of Summons . . . . $711.00

Fee to publish Notice of Pendency of ...


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