The opinion of the court was delivered by: John A. Mendez United States District Court Judge
BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 Attorneys for the United States
STIPULATION FOR AN INTERLOCUTORY SALE AND TO LIFT STAY FOR ENTRY OF ORDER AUTHORIZING INTERLOCUTORY SALE OF THE DEFENDANT PROPERTY
The United States of America and claimants River City Bank, Thomas W. Jopson and David E. Jopson hereby agree and stipulate to the following interlocutory sale pursuant to Rule G(7) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions:
1. The defendant in this action is described as real property located at 1251 Pleasant Grove Road, Rio Oso, California, Sutter County, APN: 28-140-015 including all appurtenances and improvements thereto (hereafter "defendant property") and more fully described in Exhibit A attached hereto and incorporated herein by reference.
2. On August 1, 2011, the United States filed a Verified Complaint for Forfeiture In Rem alleging that the defendant property was subject to forfeiture on the grounds that the property was used and intended to be used to commit or facilitate a violation of 21 U.S.C. §§ 841 et seq., and is therefore subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(7). The complaint alleges that on June 21, 2011, federal agents executed a search warrant at the defendant property and found a sophisticated indoor marijuana growing operation with approximately 3,244 marijuana plants under cultivation.
3. The record owners of the defendant property are David E. Jopson, Sandra Lee Jopson, Thomas W. Jopson, and Margaret S. Jopson.
4. Beginning on August 13, 2011, for at least 30 consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on September 29, 2011.
5. On August 19, 2011, River City Bank filed a claim and answer in this action based on Promissory Note secured by a Deed of Trust, executed on July 12, 2005. On October 4, 2011, David E. Jopson filed a claim and answer in this action. On October 14, 2011, Thomas W. Jopson filed a claim and answer in this action.*fn1
6. In March 2012, the Jopson claimants placed the defendant property on the market to be sold with Jon Daggett of Pearson Realty. In June 2012, an offer in the amount of $665,000.00 was accepted. Escrow is estimated to close in July 2012. The buyers of the defendant property are Robert DeValentine and Martha Blattman, Trustees of the R & M DeValentine Revocable Trust, dated 6/17/02.
7. No other parties have filed claims or answers in this action, and the time in which any person or entity may file a claim and answer has expired.*fn2
8. The parties herein agree that the proposed sale of defendant property should proceed pursuant to Paragraphs 9 through 20 below.
9. The Jopson claimants shall instruct the escrow officer, Suzanne C. Ford of Chicago Title Company in Fresno, California, to wire the net proceeds from the sale of the defendant property to the U.S. Marshals Service and to contact the U.S. Attorney's Office, Asset Forfeiture Unit, to obtain specific wiring instructions.
10. The net proceeds from the sale of the defendant property will include all money realized from the sale of the defendant property, except for the following:*fn3
a. Real estate commissions;
b. Amount due to lien holder River City Bank based on a Promissory Note secured by a Deed of Trust, executed on July 12, 2005;
c. Amounts due to the holder of any valid lien which was recorded prior to the time the United ...