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United States of America v. Estate of Connie D. Gaston

September 8, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTATE OF CONNIE D. GASTON, LYLE SLATER, ROSIE SLATER, DAVID SLATER, SHARON HELTON, MIKE SLATER, RANDY SLATER, AND VERLE SLATER, HEIRS OF CONNIE D. GASTON, DECEASED, ILLINOIS HOUSING DEVELOPMENT AUTHOR-ITY, B.C.M.W. COMMUNITY SER-VICES, UNKNOWN HEIRS AND LEGATEES OF CONNIE D. GASTON, UNKNOWN OWNERS, AND NON-RECORD CLAIMANTS, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert United States 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 waived service 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 Connie

D. Gaston, secured by a mortgage dated May 22, 2007 (Ex. A of the complaint), in the total principal amount of $42,500.00. The mortgage was recorded on June 1, 2007 as Documnet No. 2007R4092 filed in Marion County, Illinois. That loans isevidenced by a promissory note dated May 22, 2007 (Ex. B). Defendant, Connie D. Gaston, defaulted on the note. On March 3, 2010, 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 26, 2010.

3. That the following are the names of persons that 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: Estate of Connie D. Gaston, Lyle Slater, Rosie Slater, David Slater, Sharon Helton, Mike Slater, Randy Slater Verle Slater, Heirs of Connie D. Gaston, deceased, Illinois Housing Development Authority, B.C.M.W. Community Services, Unknown Heirs and Legatees of Connie D. Gaston, Unknown Owners, and Non-Record Claimants

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

Common address: 211 East Williams Street, Salem, Illinois 62881 Tract I: Lots 6 and 7 in Block "J" of Bryan Park Addition, being a subdivision of part of the Northeast Quarter of the Southeast Quarter of Section 2, Township 2 North, Range 2 East as platted and recorded in Plat Book 2 at page 45, situated in the City of Salem, Marion County, Illinois. Tract II: The West Half of Lot 8, being the West 12 1/2 feet of said Lot, in Block "J" of Bryan Park Addition, being a subdivision of a part of the Northeast Quarter of the Southeast Quarter of Section 2, Township 2 North, Range 2 East as platted and recorded in Plat Book 2 at page 45, situated in the City of Salem, Marion County, Illinois.

Excepting all oil, coal, gas and minerals underlying said premises heretofore excepted, reserved or conveyed of record together with the right to mine and remove the same, as to all aforementioned properties. Permanent Real Estate Index Number: 11-00-020-071

5. 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 ..... $380.00 U.S. Marshals costs for service of summons . . . $450.20 Fee to publish notice of pendency of action . . . $1,136.70 Title expenses $300.00 TOTAL $2,266.90

(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 .................. $43,741.02 Accrued interest at $6.9181 per day due and unpaid as of August 24, 2011 .............. $4,363.62 Total amount due plaintiff as of August 24, 2011, exclusive of foreclosure costs .............. $48,104.64

(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 ...


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