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United States v. Schwerdtfeger Dairy Farm

United States District Court, S.D. Illinois

December 14, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SCHWERDTFEGER DAIRY FARM, HOWARD M. SCHWERDTFEGER, and ROBERT A. SCHWERDTFEGER, Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          J. PHIL GILBERT UNITED STATES DISTRICT JUDGE

         This cause coming on to be heard upon the plaintiff's complaint, and an order of default having been entered against Defendant Schwerdtfeger Dairy Farm, the Court finds:

         1. The United States of America, acting through the United States Department of Agriculture, Farm Services Agency, made loans to Robert A. Schwerdtfeger and Howard M. Schwerdtfeger, secured by mortgages dated May 7, 1976, May 7, 1976, April 18, 1978, November 27, 1979, March 5, 1984, October 12, 1984, April 17, 1985, and May 11, 1989 (Exs. A-1 through A-8 of the complaint), and a security agreement (Chattels and Crops) dated April 24, 1986 (Ex. B of the complaint) in the total principal amount of $400, 938.06. Exhibits C-1 through C-7 of the complaint are copies of financing statements and continuation statements. The mortgages were recorded on May 7, 1976, as Document No. 31779, May 7, 1976, as Document No. 31780, April 18, 1978, as Document No. 41306, November 27, 1979, as Document No. 48965, March 7, 1984, as Document No. 64561, October 12, 1984, as Document No. 67197, April 18, 1985, as Document No. 69364, and May 12, 1989, as Document No. 89268, in Effingham County, Illinois. These loans are evidenced by promissory notes and assumption agreements (Exs. D-1 through D-11 of the complaint). Exhibit F of the complaint is a copy of the assignment of the Promissory Note described as Exhibit D-1 from Rural Development to Farm Service Agency. Defendants Howard M. Schwerdtfeger and Robert A. Schwerdtfeger defaulted on the notes. On August 26, 1994, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Ex. E-1 through E2 of the complaint).

         3. That the following are the names of persons that may have claimed an interest in the above described property, but who are foreclosed from asserting their claim, if any: Robert A. Schwerdtfeger, Howard M. Schwerdtfeger, and Schwerdtfeger Dairy Farm.

         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: 9386 N 400 Street, Altamont, Illinois 62411 a/k/a RR #1, Altamont, Illinois 62411
All that part of the North Half (N ½) of the Southwest Quarter (SW ¼) and the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) lying North of the Northern right-of-way line of Interstate #70, formerly known as FAI #7, in Section 14, Township 7 North, Range 4 East of the Third Principal Meridian, situated in the County of Effingham, State of Illinois, containing 43.07 acres, more or less; and,
All that part of the North Half (N ½) of the Southwest Quarter (SW ¼) and the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) lying South of the Southern right-of-way line of Interstate #70, formerly known as FAI #7, in Section 14, Township 7 North, Range 4 East of the Third Principal Meridian, situated in the County of Effingham, State of Illinois, containing 59.4 acres more or less.

         5. The United States has agreed to release the liens on the following described real estate in exchange for a payment not to exceed $60, 000.00. The United States understands that said payment will be funded by Jim Schwerdtfeger, brother of Howard and Robert Schwerdtfeger.

Tract "A"
Commencing at an Iron Pin (found) marking the Northwest corner of the Southwest Quarter of said Section 14, Thence S.0°38'23"W., (basis of bearings per Illinois State Plane Coordinate System, Zone East, NAD83), along the West line of the Southwest Quarter of said Section 14, a distance of 425.53 feet to a Mag Spike (set), said Mag Spike being the Point of Beginning, Thence N.88°45'26"E., parallel with the North line of the Southwest Quarter of said Section 14, a distance of 1389.60 feet to an Iron Pin (set), Thence S.0°46'48"W., a distance of 312.63 feet to an Iron Pin (set) on the Northerly right of way line of FAI Route 7, (a.k.a. Interstate 70), the following call is along the aforementioned Northerly right of way line of FAI Route 7, Thence S.70°47'39"W., a distance of 1024.77 feet to an Iron Pin (set), Thence N.1°39'37"W., a distance of 486.55 feet to an Iron Pin (set), Thence S.88°44'09"W., a distance of 404.88 feet to a Mag Spike (set) on the West line of the Southwest Quarter of said Section 14, Thence N.0°38'23"E., along the West line of the Southwest Quarter of said Section 14, a distance of 142.17 feet to the Point of Beginning, The herein described tract contains an area of 518, 861.12 square feet or 11.91 acres more or less.
Subject to right of way requirements N. 400th Street along the West line of the property.
And subject to any and all easements, restrictions and right of ways of record and/or of existence if any.

         6. The United States agrees to release the liens on the following described real estate in exchange for Howard Schwerdtfeger and Robert Schwerdtfeger agreeing to not contest this foreclosure proceeding.

Tract "B"
Commencing at an Iron Pin (found) marking the Northwest corner of the Southwest Quarter of said Section 14, Thence S.0°38'23"W., (basis of bearings per Illinois State Plane Coordinate System, Zone East, NAD83), along the West line of the Southwest Quarter of said Section 14, a distance of 567.70 feet to a Mag Spike (set), said Mag Spike being the Point of Beginning. Thence N.88°44'09"E., a distance of 404.88 feet to an Iron Pin (set), Thence S.1°39'37"E., a distance of 486.55 feet to an Iron Pin (set) on the Northerly right of way line of FAI Route 7, (a.k.a. Interstate 70), the following 4 calls are along the aforementioned Northerly right of ways line of FAI Route 7, Thence S.70°47'39"W., a distance of 82.44 feet to a Concrete Monument (found), Thence S.67°01'31"W., a distance of 344.03 feet to a Concrete Monument (found), Thence N.5°21'26"W., a distance of 113.26 feet to a Concrete Monument (found), Thence N.89°21'37"W., a distance of 19.58 feet to a Mag Spike (set) on the West line of the Southwest Quarter of said Section 14, ...

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