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United States v. Schunk

United States District Court, D. Nebraska

February 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LARAE SCHUNK, individually, and as Personal Representative of the Estates of Clayton C. Heinrich and Leona J. Heinrich, et al., Defendants.

          ORDER OF SALE

          John M. Gerrard Chief United States District Judge

         IT IS ORDERED:

         1. The United States' Motion for Order of Sale (filing 17) is granted.

         2. The Property located at 102 West Lancaster Street, Blue Hill, Nebraska, and legally described as:

The South Twenty-seven feet (S27') of Lot Two (2) and all of Lots Three (3), Four (4), Five (5), Six (6) and Seven (7), Block Five (5), Grussell's Sub-division of Rohrer's Addition to Blue Hill, Webster County, Nebraska,

shall be sold under 26 U.S.C. § 7403(c) and 28 U.S.C. §§ 2001 and 2002 as follows.

         3. The Internal Revenue Service Property Appraisal and Liquidation Specialists ("PALS") is authorized to offer for public sale and sell the Property.

         4. The sale of the Property shall be free and clear of the interests of all parties in this suit, and the sale of the Property shall be made without right of redemption.

         5. 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.

         6. The sale shall be held either at the courthouse of the county or city in which the Property is located or on the Property's premises.

         7. PALS shall announce the date and time for sale.

         8. Notice of the sale shall be published once a week for at least four consecutive weeks before the sale in at least one newspaper regularly issued and of general circulation in Webster County, Nebraska, and, at the discretion of PALS, by any other notice that PALS deems appropriate. The notice shall contain a description of the property and shall contain the terms and conditions of sale in this order of sale.

         9. PALS shall set the minimum bid, and the Property shall be sold to the highest bidder. If the minimum bid is not met or exceeded, PALS may, without further permission of this Court, and under the terms and conditions in this order of sale, hold a new public sale, if necessary, and reduce the minimum bid.

         10. At the time of the sale, the successful bidder(s) shall deposit with PALS, by money order or by certified or cashier's check payable to the Clerk of the United States District Court for the District of Nebraska, a deposit in an amount between five and twenty percent of the minimum bid as specified by PALS in the published Notice of Sale. Before being permitted to bid at the sale, potential bidders shall display to PALS proof that they are able to comply with this requirement. No. bids will be accepted from any ...


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