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United States v. Jewell

United States District Court, D. Maine

January 25, 2017

UNITED STATES OF AMERICA Plaintiff,
v.
EDWARD B. JEWELL, Defendant, MAINE POTATO GROWERS, INC., CAVENDISH AGRI SERVICES, INC., & ME DEPT. OF LABOR - BUREAU OF UNEMPLOYMENT COMPENSATION - TAX DIVISION, Parties-in- Interest.

          THOMAS E. DELAHANTY II United States Attorney

          Andrew K. Lizotte Assistant United States Attorney Counsel for United States

          Alan F. Harding, Esq. Counsel for Defendant

          Brent A. York, Esq. Phillips, Olore, Dunlavey & York, P.A. Counsel for Maine Potato & Cavendish

          JANET T. MILLS Attorney General for the State of Maine

          Nancy Macirowski, AAG Counsel for Maine DOL

          CONSENT JUDGMENT OF FORECLOSURE AND SALE

          George Z. Singal U.S. District Judge

         This action having been brought to recover a sum certain, to wit, the balance due on the promissory note and mortgage, and Defendant, Edward B. Jewell and parties in interest Maine Potato Growers, Inc., Cavendish Agri-Services, Inc., and the Maine Department of Labor, Bureau of Unemployment Compensation, Tax Division, having consented to judgment; and it appearing that there is no genuine issue as to any material fact; and that the United States of America, plaintiff herein, is entitled to such judgment on the Amended Complaint; and it appearing from the Consent Motion that Defendant is neither an infant nor incompetent person, nor in the military service of the United States, and that the total amount due to the United States, Farm Service Agency is $254, 268.93, together with interest and costs; now upon Plaintiff's Consent Motion for Judgment of Foreclosure and Sale, it is:

         ORDERED, ADJUDGED, AND DECREED that:

         1. The Consent Motion is granted for the plaintiff.

         2. Defendant has breached the conditions of plaintiff's mortgage.

         3. The real property, which is the subject of this action and judgment, is as described in the Amended Complaint and as described in a real estate mortgage executed by Defendant recorded in the Southern Aroostook County Registry of Deeds in Volume 4473, Page 295, on August 3, 2007.

         4. There is due the United States, Farm Service Agency the sum of $175, 000.00, in principal, together with $79, 268.93 in interest as of August 26, 2016, for a total of $254, 268.93, plus interest accruing thereafter to the date of judgment at the rate of $24.5719, plus any advances made thereafter under the terms of the mortgages plus costs.

         5. If Defendant, his successors, heirs, or assigns does not pay the plaintiff the amount adjudged to be due herein within 90 days from the date of this Order, a representative of the Farm Service Agency, Department of Agriculture, on behalf of the plaintiff, shall sell the mortgaged real property at public sale pursuant to the requirements of 28 U.S.C. Section 2001, 2002, and 2004, 14 M.R.S.A. Sections 6323, 6324, and this judgment. Notice of said sale shall be given by publishing a Notice of Sale, in a newspaper of general circulation in Aroostook County, Maine, once a week for four (4) weeks. Such notice will not be published until after the expiration of the redemption period, but not later ...


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