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U.S. Bank Trust, N.A. v. Erskine

Superior Court of Maine, Lincoln

June 6, 2016

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Vicky A. Erskine Defendant

          John A. Doonan Esq. Attorney for Plaintiff Doonan, Graves & Longoria, LLC

          Vicky A. Brskine, Defendant

          AGREED ORDER OF FORECLOSURE AND SALE TITLE TO REAL ESTATE IS INVOLVED

         MORTGAGED PREMISES: 16 Hanna Lane Bristol, ME U4539 Book 4347, Page 261

         NOW COME the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendant, Vicky A. Erskine, individually, and by and through their undersigned counsel, and hereby submit this Agreed Order of Foreclosure and Sale. The parties stipulate to the facts as follows:

         1. That Defendant has breached the condition of Plaintiff's mortgage deed, dated November 24, 2010, and recorded in the Lincoln County Registry of Deeds in Book 4347, Page 261 in connection with the property located at 16 Hanna Lane, Bristol, ME 04539.

         2. That Plaintiff is owed the following under its Note and Mortgage as of June 10, 2016:

Principal:

$ 232, 862.60

Accrued interest:

$ 21, 236, 71

Escrow Advance:

$ 8, 089.32

Attorneys Fees & Costs:

$ 1, 849.73

BPO/DIL/Title Search Fees

$ 813.50

Property Preservation Fees:

$ 6, 307.00

Late Charges:

$945.37

Total:

$ 272, 104.23

         a. additional reasonable expenses incurred by Plaintiff after June 10, 2016 in connection with this action, including the completion of the foreclosure or in connection with a redemption;

         b. additional prejudgment interest accruing on said principal balance after June 10, 2016 at the rate of 3.125% per annum pursuant to the note and post-judgment interest rate of 6.65% pursuant to 14 M.R.S.A., section 1602-C.

         c. any amounts advanced by Plaintiff to protect its mortgage security.

         3. The order of priority of the claims of the parties to this action is as follows:

FIRST: The Plaintiff, by virtue of its mortgage in the above amounts and attorney's fees.

         SECOND: The Defendant

         4. The Plaintiff's claim for attorney's fees is integral to the relief sought, within the meaning of Rule 54(b)(2) of M.R.Civ.P, and there is no just reason for delay in the entry of final judgment for Plaintiff on all claims, except for the claim for expenses incurred for the following reasons:

a. Upon entry of this judgment, the time periods under 14 M.R.S.A., section 6322 and section 6323 will begin to run even though this judgment, if not entered as ...

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