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United States of America v. Real Property Located

October 17, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 8221 KING ROAD, LOOMIS, CALIFORNIA, PLACER COUNTY, APN: 037-330-004- 000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, AND APPROXIMATELY $45,976.42 IN U.S. CURRENCY SEIZED FROM MECHANICS BANK CHECKING ACCOUNT NUMBER 41143841, HELD IN THE NAME OF TERRESA RUDD, DBA ROCK BOTTOM BEDS,
DEFENDANTS.



The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District 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 ENTRY OF ORDER AUTHORIZING INTERLOCUTORY SALE OF THE DEFENDANT PROPERTY

The United States of America and claimant Terresa Rudd 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 defendants in this action is described as real property at 8221 King Road, Loomis, California, Placer County, APN: 037-330-004-000, including all appurtenances and improvements thereto, ("defendant property"), and more fully described in Exhibit A attached hereto and incorporated herein by reference; and Approximately $45,976.42 in U.S. Currency seized from Mechanics Bank checking account number 41143841, held in the name of Terresa Rudd, dba Rock Bottom Beds ("defendant funds").

2. On September 28, 2012, the United States filed a Verified Complaint for Forfeiture In Rem alleging that the defendant funds and property (up to the amount traceable, approximately $41,218.29) are proceeds of, and/or property involved in, and/or facilitating property and therefore subject to forfeiture to the United States pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c), incorporating the procedures governing civil forfeiture actions pursuant to 18 U.S.C. § 981.

3. The recorded owner of the defendant property is Terresa Lynn Rudd, an unmarried woman. The defendant property is a 3.2 acre undeveloped lot in Loomis, California.

4. The United States has not yet published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov but intends to shortly.

5. On October 8, 2012, Terresa Rudd filed a claim in this action. No other parties have filed claims or answers in this matter, and the time for which any person or entity may file a claim and answer will expire on November 2, 2012. There are no liens against the defendant property.

6. On or about June 27, 2012, claimant placed the defendant property on the market to be sold with N.R. Sadek Real Estate. On or about August 30, 2012, claimant accepted a sales offer in the amount of $105,000.00 for the defendant property. Escrow is estimated to close by the end of October 2012. The buyer of the defendant property is Midori Properties, LLC.

7. The parties herein agree that the proposed sale of defendant property should proceed pursuant to Paragraphs 8 through 20 below.

8. Claimants shall instruct the title/escrow officer, Keela Hassell, at First American Title Company to wire $63,888.35 of the net proceeds from the sale of the defendant property to the U.S. Internal Revenue Service and to contact the U.S. Attorney's Office, Asset Forfeiture Unit, to obtain specific wiring instructions.

9. 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: real estate commissions, real estate property taxes which are due and owing, or which become a lien prior to the sale of the defendant property, insurance costs, and any other miscellaneous costs/fees incurred at closing through escrow.

10. Approximately $63,888.35 of the net proceeds from the sale of the defendant property shall be wired to the Internal Revenue Service, at the close of escrow, to be deposited in the U.S. Treasury Suspense Account. Said proceeds will be substituted as the res in this action and held pending further order of the Court.

11. Claimant will retain custody, control, and responsibility of the defendant property until the interlocutory sale that is the subject of ...


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