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15-253 - United States of America v Polyansky, et al


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15-253 - United States of America v Polyansky, et al
December 2, 2015
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JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE - The plaintiff's motion for default judgment (filing 21) is granted. The plaintiff is entitled to a decree of foreclosure in rem and order of sale. Judgment in rem is entered against the defendants and the real estate which is the subject of this action. The plaintiff shall apply for and the clerk of the court shall issue an order of sale. The United States Marshals Service for the District of Nebraska shall advertise and sell the real estate as provided by law. Upon execution, the Marshals Service shall report the proceedings under this judgment to the Court and shall deposit the proceeds of the sale, if any, into the registry of the Court. Upon confirmation of the sale, the clerk shall apply the proceeds: first, to the payment of the plaintiff's costs, and to the Marshals Service for service of summons and complaint and execution of order of sale; second, to the payment of the amount found due to the plaintiff, with interest, as provided by law; and third, to the payment of the costs of the Marshals Service for per diem and special requirements. The clerk shall retain any surplus in the registry of the Court until further order. The costs will be determined, after confirmation of the sale, pursuant to NECivR 54.1. Upon confirmation of the sale by the Court, the Marshals Service shall execute a deed to the purchaser(s), and the parties to this judgment and all persons claiming under it are ordered to deliver possession of the real estate to the purchaser(s). Ordered by Judge John M. Gerrard. (1 Certified copy to USM; Copy E-mailed to Finance and Copy mailed to pro se parties)(GJG)
April 4, 2016
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ORDER CONFIRMING SALE - The plaintiff's Motion to Confirm Sale (filing 28) is granted. The sale is confirmed. The United States Marshal shall make and deliver a deed to the purchaser of the property. The Clerk of the Court shall disburse the proceeds of the sale as set out in the Judgment and Decree of Foreclosure and Order of Sale (filing 23). Ordered by Judge John M. Gerrard. (E-mailed to Finance)(GJG)