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First Bank v. Abrahim

United States District Court, Seventh Circuit

July 10, 2013

FIRST BANK, a Missouri banking corporation, Plaintiff,
v.
HASSAN A. ABRAHIM D/B/A USA ENTERPRISES, Defendant.

JUDGMENT

J. PHIL GILBERT, District Judge.

For the reasons set forth in the Court's order entered on May 31, 2013 (Doc. 20), plaintiff is entitled to Judgment on its Complaint.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that a judgment of foreclosure and sale is hereby granted to plaintiff and against defendant, Hassan A. Abrahim, pursuant to Count I of plaintiff's Complaint.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that plaintiff shall have and recover of defendant, Hassan A. Abrahim, the sum of $511, 672.72 and judgment for such amount is hereby entered against him on Count II of plaintiff's Complaint. The amount of such judgment is calculated as follows:

$493, 130.78 - Amount due as of January 15, 2013 14, 554.54 - Interest accruing from January 15, 2013 to June 6, 2013 3, 515.00 - Reasonable attorney fees 350.00 - Filing fee 55.00 - Service fee 31.00 - Recording fee

36.40 - Active duty military search ___________ $511, 672.72 - TOTAL

IT IS FURTHER ORDERED, ADJUDGED AND DECREED as follows:

A. Unless there shall be paid to plaintiff within thirty days from the date this Judgment is entered the sum of $511, 672.72, together with interest thereon and advances and expenses, including reasonable attorney fees, if any, allowed to plaintiff hereafter, the interest of defendant and of anyone claiming by, through or under him in or to the mortgaged real estate shall be foreclosed and deemed terminated, and such real estate, together with all improvements thereon and appurtenances thereto, shall be sold at public sale to the highest and best bidder by the United States Marshal, or his designated agent, at such time and place as may hereafter be designated by the Marshal on request of plaintiff, on the terms and in the manner hereinafter set forth. The thirty day period provided above is based on the admissions in defendant's answer that (1) the real estate is not "residential" within the meaning of 735 ILCS 5/15-1219, as defendant does not reside thereon and (2) defendant executed the Assignment of Rents described in Exhibit C of the Complaint, which instrument includes an express waiver of redemption rights. The mortgaged real estate is more particularly described as follows:

PARCEL 1:
TRACT 1:
LOT NO. 7 OF "14TH ADDITION TO GLEN ADDIE TERRACE, BEING PART LOT 6 IN SECTION 12, T1N, R8W 3RD P.M., ST. CLAIR COUNTY, ILLINOIS"; REFERENCE BEING HAD TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF ST. CLAIR COUNTY, ILLINOIS, IN BOOK OF PLATS "68" ON PAGE 91.
EXCEPT THAT PART OF LOT NO. 7 DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING THE SURVEY THEREOF AT THE NORTHEAST CORNER OF SAID LOT NO. 7; THENCE IN A SOUTHERLY DIRECTION ALONG THE EAST LINE OF SAID LOT NO. 7, A DISTANCE OF 86.0 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING OF THE TRACT HEREIN BEING DESCRIBED; CONTINUING THENCE SOUTHERLY ALONG SAID LAST DESCRIBED COURSE A DISTANCE OF 133.33 FEET TO THE SOUTHEAST CORNER OF SAID LOT NO. 7; RUNNING THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHEASTERLY LINE OF SAID LOT NO. 7 AND MAKING A COUNTERCLOCKWISE ANGLE WITH THE LAST DESCRIBED COURSE OF 115°48' A DISTANCE OF 17.30 FEET TO A POINT; RUNNING THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT NO. 7 AND MAKING A COUNTERCLOCKWISE ANGLE WITH THE LAST DESCRIBED COURSE OF 123°04' A DISTANCE OF 167.07 FEET TO A POINT IN THE EASTERLY RIGHT OF WAY LINE OF A PUBLIC ROAD KNOWN AS "GLEN ADDIE COURT"; SAID RIGHT OF WAY LINE BEING ON A CURVE HAVING A RADIUS OF 50.0 FEET; RUNNING THENCE IN A NORTHERLY DIRECTION ALONG SAID RIGHT OF WAY LINE THE CHORD OF WHICH MEASURED AT A COUNTERCLOCKWISE ANGLE TO THE LAST DESCRIBED COURSE OF 144°27' IS 25.95 FEET TO A POINT; RUNNING THENCE ...

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