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Morgan v. Zattiero

May 11, 2010

NICOLAS MORGAN, PLAINTIFF,
v.
TY ZATTIERO, ET ALIA, DEFENDANTS. AND RELATED COUNTER-CLAIMS.



THIRD AMENDED ORDER OF JUDICIAL SALE

A final Judgment in this case was entered by this Court in the above-entitled action on November 17, 1999, (docket 228) ordering that the United States' federal tax liens be foreclosed and that the subject property, described below, be sold pursuant to 28 U.S.C. § 2001.

The subject property is located at 1986 East Main Street, Quincy, California, and is legally described as follows:

Parcel One

Beginning at a point on the southerly right of way line of State Highway Sign route 24 and 89, which point bears north 86 degrees 45' west, 171.75 feet from the northeast corner of that certain parcel conveyed from Short to Rows described in deeds, volume 83, page 27, office of Plumbs County Recorder; thence 86 degrees 45' west, 157.00 feet Along said highway right of way line; thence leaving said highway right of way line bearing south, 250.00; thence east 143.06 feet; thence North 03 degrees 15' east, 241.49 feet to the place of beginning, all situate in the northeast quarter of section 19, Township 24 North, Range 10 East. M.D.S.

Parcel two

Beginning at a point which is described by the following meander line: beginning at a point on the southerly right of way boundary line of State Highway, Sign Route U.S. 40-Alternate, which bears north 86 degrees 45' west 171.75 feet from the northeast corner of that certain parcel conveyed from short to rouse described is deeds volume 83, page 27 office of th Plumbs county recorder; thence south 3 degrees 15' west 241.49 feet to the true point of beginning of the herein described parcel of land; thence from said true point of beginning south,75.00 feet; thence west,143.06 feet to the aforesaid true point of beginning.

Assessor's parcel no. 116-172-09 (Hereinafter the "Property.")

Accordingly, it is ORDERED as follows:

1. The United States Marshal for the Eastern District of California, his or her representative, or an Internal Revenue Service Property Appraisal and Liquidation Specialist ("PALS"), (hereinafter reference to the Marshall or PALS shall also refer to his or her agents, officers, and representatives) is authorized and directed under 28 U.S.C. §§ 2001 and 2002 to offer for public sale and to sell the Property. The United States may choose either the United States Marshal or a PALS to carry out the sale under this Order and shall make the arrangements for any sale as set forth in this Order.

2. The Marshal or PALS is authorized to have free access to the Property and to take all actions necessary to preserve the Property, including, but not limited to, retaining a locksmith or other person to change or install locks or other security devices on any part of the property, until the deed to the Property is delivered to the ultimate purchaser.

3. The terms and conditions of the sale are as follows:

a. the sale of the Property shall be free and clear of the interests of: defendants Roy D. Zattiero (Senior), Carol M. Zattiero, Roy D. Zattiero, Jr., Ty Joseph Zattiero, Nicolas Morgan, Harrell D. Wood, Pauline A. Wood, Louis D. Musick, Erwina Musick, Richard W. Clark, Cal-Sierra Title Co., the State of California Department of Benefit Payments, and intervenor New World Foundation;

b. the sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the Property, and easements and restrictions of record, if any;

c. the sale shall be held at the courthouse of the county or city in which the Property is located, on the Property's premises, or at any other place in accordance with the ...


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