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Danish Acres of Idaho, LLC v. Phillips

United States District Court, Ninth Circuit

October 18, 2013

DANISH ACRES OF IDAHO, LLC, an Idaho Limited Liability Company, Plaintiff,
v.
PETER PHILLIPS, an individual; GREG SKABELUND and SHELLEY SKABELUND, husband and wife, and JOHN OR JANE DOES, 1-5, Defendants.

SECOND AMENDED DECREE OF FORECLOSURE

B. LYNN WINMILL, Chief District Judge.

In this action, the Defendants, Greg Skabeland and Shelley Skabeland, having entered into a Stimulation for Entry of Decree of Foreclosure and the Court having entered a Memorandum Decision and Order granting the Plaintiff summary judgment against the Defendant, Peter Phillips, the Court now enters a Judgment and Decree of Foreclosure pursuant to the prayer of Plaintiff's Complaint in this matter;

WHEREFORE, by virtue of the law and by reason of the premises aforesaid;

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. Plaintiff, Danish Acres of Idaho, LLC, has a judgment against the Defendant, Peter Phillips, for the following amount:

Principal                                      $110,455.84
Accrued Interest through May 24, 2013           $91,810.98
Late Fee                                         $8,085.21
Foreclosure Litigation Guarantee                   $638.00
Attorneys Fees and Costs                         $5,792.03
                                               ___________
Total amount of Judgment                       $216,782.06

With interest continuing to accrue from May 24, 2013 at the rate of $66.58 per diem

This aggregate sum is decreed to be established as a valid, subsisting and prior lien on the real property described in Exhibit "A" attached hereto.

2. The Mortgage held by the Plaintiff on the property described in Exhibit "A" attached hereto is a valid first mortgage on said property.

3. That all the mortgaged real property described in the Complaint and in Exhibit "A" attached hereto be sold by the Federal Marshall for the United States District Court for the District of Idaho, in one parcel and in the manner prescribed by the laws of the State of Idaho and the practices of this Court, and that said Marshall execute a Certificate of Sale to the purchaser or purchasers of the mortgaged property sold by the Marshall and that the Marshall, out of the proceeds of the sale, retain his fee, disbursements and commission on said sale, and pay first to the Plaintiff or its attorney out of the said remaining proceeds, the amount described in paragraph 1 above, and the balance remaining, if any to be paid according to further order of this Court.

4. Plaintiff may credit bid upon the purchase price for the subject property the amount of its judgment together with accruing interest and any accruing costs paid by the Plaintiff. Any other party to this action shall be a cash bidder.

5. That all Defendants and any unknown heirs or devisees of the foregoing named parties who may be deceased, and the unknown owners, claimants and parties in interest claiming all or any part of the real property described in Exhibit "A" attached hereto, and each of them, and all parties claiming or to claim from and under them, or any of them, and all persons have liens subject to the mortgage of Plaintiff herein by judgment or decree or otherwise upon the lands and premises described in Exhibit "A" attached hereto, or any part or parcel thereof, and their heirs, personal representatives and all persons claiming to have acquired any estate or interest in or to said lands or premises, be, and they hereby are, forever barred and foreclosed of and from all right, title, claim and interest in and to said mortgaged premises and in and to every part or parcel thereof, except for such rights of redemption as they may have pursuant to Idaho law and that said persons, and each of them, be and they are hereby enjoined and restrained from removing or destroying any of the buildings, the improvements or appurtenances, or otherwise damaging the lands or premises prior to redemption from such sale.

6. That the Plaintiff or any party to this action may become a purchaser of said property at said Marshall's sale, and if the Plaintiff becomes such purchaser, it shall be entitled to a credit on the amount bid on the sale of said property by the Marshall up ...


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