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United States v. Real Property Located at 1903 Melo Road

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 21, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 1903 MELO ROAD, MT. SHASTA, CALIFORNIA, SISKIYOU COUNTY, APN: 36-200-041, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.

STIPULATION FOR STAY AND ORDER [Proposed]

DATE: November 17, 2008 TIME: 1:30 p.m. COURTROOM: 5

Plaintiff United States of America and claimants Ronald Hennig and Patience, Inc. and America's Servicing Company ("ASC"), as nominee for Mortgage Electronic Registration Systems, Inc., submit the following joint status report.

This case has been stayed due to the criminal case now pending against claimant Ronald Hennig in Siskiyou County. That case is still pending. In addition, the parties are engaged in good faith settlement discussions. For these reasons the parties request that this case be stayed for an additional 60 days, and that the status conference now scheduled for November 17, 2008, be continued approximately 60 days.

While this case is stayed, Claimant Hennig agrees to keep current all payments due to Claimant ASC under the promissory note dated February 28, 2005, in the original principal amount of $90,000.00, and secured by the deed of trust recorded in Siskiyou County on March 4, 2005, encumbering the defendant property. In addition, he agrees to pay all property taxes when due and agrees to keep all property insurance covering the defendant property in force.

In the event claimant Hennig defaults in his obligations as set forth above, claimant Hennig agrees to join any government motion for interlocutory sale of the defendant property. The term "default" shall mean any default under the note and deed of trust encumbering the defendant property and any other documents executed by Claimant Hennig in connection therewith.

Dated: November 3, 2008

McGREGOR W. SCOTT United States Attorney

KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for Plaintiff United States of America

Dated: November 3, 2008

BRENDA GRANTLAND Attorney for Claimants Ronald Hennig and Patience, Inc.

Dated: November 3, 2008

GLENN H. WECHSLER Attorney for claimant America's Servicing Company as Nominee for Mortgage Electronic Registration Systems, Inc. (Original signatures retained by plaintiff's counsel)

ORDER

For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) for an additional 60 days or until the related criminal case currently pending in state court is resolved.

The scheduling conference scheduled for November 17, 2008, is continued to February 9, 2009 at 2:00 p.m.

IT IS SO ORDERED.

20090121

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