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United States of America v. andrew W. and Amanda Burk

April 18, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANDREW W. AND AMANDA BURK, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

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 Defendants, 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 and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, are ordered defaulted.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loanto Andrew W. Burk, secured by a mortgagedated (Ex. A of the complaint), in the total principal amount of $47,000.00. The mortgage was recorded on November 3, 2003 as Document No. 200309622 in Jefferson County, Illinois. That loan isevidenced by a promissory notedated October 31, 2003 (Ex. B). Defendant, Andrew W. Burk, defaulted on the note. On July 14, 2009, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration (Ex. C). The property has been abandoned as set forth in the affidavit of abandonment (Ex. D) dated July 20, 2010.

3. That the following are the names of persons who that may have claimed an interest in the above described property, but who are foreclosed from asserting their claim, if any, because of their default in this action: Andrew W. Burk and Amanda Burk

4. That by virtue of the mortgage and indebtedness thereby secured, the Plaintiff has a valid and subsisting lien as follows:

Common address: 315 Main Street, Mt. Vernon, Illinois 62864 The North Half of the West Half of that part of Lot 1 in A.M. Strattan's Addition to the Town, now City of Mt. Vernon, which lies North of Broadway, all situated in JEFFERSON COUNTY, ILLINOIS. Subject to all public and private roads and easements.

Tax ID #07-29-452-006

5. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due the Plaintiff 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 ..... $398.00 U.S. Marshal's costs for service of summons . . $154.88 Title expenses $200.00 TOTAL $752.88

(b) For the use and benefit of the Plaintiff, holder of the note secured by the mortgage aforesaid, but subject and subordinate to the lien for payment of the items mentioned in subparagraph (a) of this paragraph: Unpaid principal balance .................. $36,589.07 Accrued interest at $5.7498 per day due and unpaid as of March 24, 2011 ............... $4,543.72 Total amount due Plaintiff as of March 24, 2011, exclusive of foreclosure costs .............. $41,132.79

(c) In addition, the Plaintiff may be compelled to advance various sums of money in payment of costs, fees, expenses and disbursements incurred in connection with the foreclosure, including, without limiting the generality of the foregoing, filing fees, stenographer's fees, witness fees, costs of publication, costs of procuring and preparing documentary evidence and costs of procuring abstracts of title, certificates, foreclosure minutes and a title insurance policy.

(d) Under the terms of the mortgage, all such advances, costs and other fees, expenses and disbursements are made a lien upon the mortgaged real estate and the Plaintiff is entitled to recover all such advances, costs, expenses and disbursements, together with interest on all advances at the rate provided in the mortgage, or, if no rate is provided therein, at the statutory judgment rate, from the date on which such advances are made.

(e) In order to protect the lien of the mortgage, it may or has become necessary for Plaintiff to pay taxes and assessments which have been or may be ...


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