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15-064 - PrinsBank v. Powell, et al.


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15-064 - PrinsBank v. Powell, et al.
November 23, 2015
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JUDGMENT AND DECREE OF FORECLOSURE: It is the ORDER, JUDGMENT, and DECREE of the court as follows: Judgment is therefore entered in favor of PrinsBank and against Glen E. Powell, John Ashley Cravey, Johnny Wayne Cravey and Sonny Wayne Cravey in the amount of $5,569,097.81 plus per diem interest of $594.87 from November 20, 2015 until the indebtedness is satisfied as further set out in the judgment; Judgment is entered in favor of PrinsBank and against John Ashley Cravey on the October 10 Note in the amount of $56,877.22 plus per diem interest of $7.11 from November 20, 2015 until the indebtedness is satisfied; Judgment is therefore granted to PrinsBank to foreclose on its mortgage liens on the properties described in the above-referenced mortgages; PrinsBank shall publish notices of sale for three consecutive weeks and conduct the sales of the properties in accordance with the terms set out in the notices of sale. PrinsBank shall execute and deliver a foreclosure deed to the successful bidder upon payment of the bid price in certified funds payable to PrinsBank. The foreclosure deeds conveying the properties shall be submitted to the Court for confirmation following the sale. The expenses associated with the foreclosure sale shall be taxed as costs to the Defendants. If PrinsBank is the successful bidder, PrinsBanks bid price shall constitute a credit against the monetary judgment entered against the Defendant as set forth above; Upon confirmation by the Court, the foreclosure of the properties shall be final and Defendants statutory right of redemption, to the extent such right exists with each Defendant, shall expire one year therefrom; This Court shall retain jurisdiction to enforce the terms of this final judgment. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 11/23/2015. (Attachments: # (1) Civil Appeals Checklist) Copies furnished to calendar group, AG. (Deadlines terminated: Non-Jury Trial set for 1/11/2016 and Final Pretrial Conference set for 12/9/2015)(dmn, )
August 12, 2016
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ORDER CONFIRMING FORECLOSURE DEEDS re 39 Motion for Confirmation of Foreclosure Deeds: it isORDERED, ADJUDGED, AND DECREED as follows: (1) The Motion and the relief requested in the Motion are granted; (2) The foreclosure procedures and foreclosure sales described in the Motion were performed in accordance with the terms of the Judgment, the Foreclosed Mortgages and applicable law, and the Foreclosure Deeds attached to the Motion as Exhibit A are hereby approved and confirmed; (3) Immediately upon entry of this order, Prinsbank shall be allowed to record the Foreclosure Deeds with the probate records of Covington County, Alabama, and the statutory right of redemption (for those parties entitled to exercise such right) shall expire one year therefrom; (4) Prinsbank shall apply the credit bids on account of the foreclosures of the mortgages identified in subparagraphs 9(c), 9(f), and 9(h) of the Judgment to the indebtedness owing on account of the April 27 Note (including but not limited to Prinsbank's foreclosure expenses), and Prinsbank shall apply the credit bid on account of the foreclosure of the mortgage identified in subparagraph 9(d) of the Judgment to the indebtedness owing on account of the October 10 Note (including but not limited to Prinsbank's foreclosure expenses). Signed by Honorable Judge Myron H. Thompson on 8/12/2016. (wcl, )