‘ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff :
v. : CIVIL ACTION NO. 06-281-JJF
RUTH ROBERTS :
Defendant :
ORDER OF FORECLOSURE AND SALE
AND NOW, THIS SRG DAY OF Flp;2} I, , 2007, the foregoing Motion
having been read and considered, it is
ORDERED, ADJUDGED AND DECREED as follows:
1. That the mortgage described in the Complaint herein be, and the same
hereby is, foreclosed from any equity of redemption in and to the lands and premises
therein described.
2. The said lands and premises be sold to the highest bidder by the United
States Marshal at public sale to be held at The Circle, Georgetown, Delaware, on the
27th day of June, 2007, at 11:30 a.m., after notice has been given in accordance with
28 U.S.C. Section 2002, once a week for four consecutive weeks prior to sale in one
newspaper in general circulation in Sussex County, Delaware, the first such notice to be
given on or before May 30, 2007, in substantially the form in Exhibit A attached hereto.
3. The terms and conditions of the sale shall be as follows:
(a) The United States may bid a credit against its judgment and
interest thereon, costs, and expenses without tender of cash, as provided by Title 31,
W Case 1:06-cv-00281-JJF Document 11 Filed O4/26/2007 Page 2 of 2
‘ United States Code, Section 3715.
(b) The terms of sale as to all other persons or parties bidding shall be
cash or certified check. The successful bidder, called purchaser herein, shall be
required to deposit with the United States Marshal cash, or a certified check, equal to
ten percent (10%) of his total bid immediately upon the property being struck off and
awarded to him as the highest and best bidder; and the remaining ninety percent (90%)
of said purchase price to be paid within ten (10) days from the original sale date of
June 27, 2007, before 5:00 p.m. If the highest bidder fails to settle, all his rights in the
real estate shall cease and be completely void and the property may be readvertised
and sold by the Marshal without further order of the Court at the risk of the defaulting
bidder whose deposit shall be forfeited; and in the case of a deficiency on such resale,
he shall make good the same to the persons thereby injured.
4. A hearing be held on ljutgusfr A QUE j , at it CQ p.m. in Court
Room No;-B in the Federal Courthouse, 844 King Street, Wilmington, Delaware, to
consider confirmation of the sale herein ordered and to consider any objections which
may be made to said sale.
5. A true copy of this Order and Decree, with attached exhibit, be delivered
forthwith to the United States Marshal by the Clerk.
6. That jurisdiction is retained over this matter for the granting of such orders
or decrees as the circumstances may require.
Q l. www ~
HCNQ BLE J SE J. FARNAN, A .
United - ates District Court Judge
Case 1 :06-cv-00281-JJF Document 1 1-2 Filed O4/26/2007 Page 1 of 2
‘ UNITED STATES MARSI-IAL’S AD
UNDER and by virtue of an ORDER OF SALE and issued by the United States District Court
for the District of Delaware, in mortgage foreclosure proceedings by the United States of
America, on behalf of its agency, Farm Service Agency, U.S. Department of Agriculture, as the
suit of UNITED STATES OF AMERICA v. RUTH ROBERTS, Civil Action No. 06-281, notice
is hereby given that I, , United States Marshal, as Trustee, will sell for cash at
public auction sale:
DATE OF SALE: Wednesday, June 27, 2006 TIME: Starting at 1 1:30 a.m. and will be sold as
follows:
LOCATION OF SALE: Courthouse steps at the The Circle, Georgetown, Delaware, Sussex
County, Delaware.
This auction consists of the parcels as indicated in the auction item and legal description below.
The parcels are being sold subject to existing easements. The bid amount represents the
Government’s bid for the auction item.
AUCTION ITEMS:
A parcel of land located on the s/s of Westwoods Road west of the junction with Millsboro
Highway (SR #26) in Gumboro Hundred, Sussex County, State of Delaware, and more
particularly described in a mortgage dated March 6, 1984, recorded on March 7, 1984, in Book
771 at Page 305 of the land records of Sussex County, Delaware (Tax Map: 3-33 7.00 30.00).
Additional information is available about the property at http://w\mv.resales.usda.gov.
PROPERTY DESCRIPTION:
LEGAL DESCRIPTION: The property further described in the above—cited mortgage reference
as all that certain tract, piece or parcel of land situate, lying and being in Gumboro Hundred,
Sussex County, Delaware, adjoining lands now or formerly of W. Blaine Adkins, John Revel,
Charles Short, Charles Collins, Parron Jones and others and lying on the West side of a private
road leading from this farm to the homestead formerly of Miers B. Short deceased, containing
one hundred (100) acres, more or less:
EXCEPTING AND RESERVING FROM THE ABOVE the following two conveyances:
l) Deed of Walter T. Short, Sr. And Mildred E. Short, his wife to Walter T. Short, Jr.
and Evelyn M. Short, his wife, dated the l7‘“ day oflanuary, A.D. 1960 and filed for
record in the Office of the Recorder of Deeds, in and for Sussex County, in deed Book
513 at page 493 &c.
2) Deed of William C. Short and Norma Lee Short, his wife to Larry J. Rickards and
Edith Pearl Rickards, his wife, dated the 27th dal of Mal, A.D. 1977 and filed for record
Case 1 :06-cv-00281-JJF Document 11-2 Filed O4/26/2007 Page 2 of 2
‘ in the Office of the Recorder of Deeds, in and for Sussex County, in Deed Book 844 at
page 339 &c.
The above described property herein described containing 80.42 acres, more or less, and referred
to on the Sussex county lax map 3-33 7.00 as parcel number 30.00.
BEING the same lands conveyed to Ruth J. Roberts by Deed of William C. Short and
Norma Lee Short, his wife, dated the 6th day of March, A.D. 1984 and filed for record in the
Office of the Recorder of Deeds, in and for Sussex County, in Deed Book 1246, at page 234 &c.
Farm Service Agency, formerly known as Farmers Home Administration, U.S. Department of
Agriculture, will enter a bid in the amount of S 1 80,000.00.
TERMS OF SALE: A deposit of 10% of the purchase price shall be paid at the time and place
ofthe sale. The deposit shall be paid in the form of cash (or certified or cashier’s check made
payable to the Treasurer of the United States c/o U.S. Marshal). The balance of the purchase
price shall be paid in the fomt of cash (or certified or cashier’s check made payable to the
Treasurer of the United States c/o U.S. Marshal) within ten (10) days from the original date of
June 27, 2007, before 5:00 p.m. Taxes, water and sewage charges to be paid by the purchaser
subsequent to the date of sale. All other public charges and assessments payable on an annual or
periodic basis, including but not limited to sanitary charges, shall be paid by the purchaser
subsequent to the date of sale. Responsibility and cost of all conveying, recording, revenue
stamps, documentary stamps, transfer taxes, document preparation, title insurance and other
expenses of sale shall be bome bythe purchaser. The property is being sold in as "as is"
condition. If the property is occupied upon or after the conveyance of the property by the Trustee
to the purchaser, the purchaser is responsible for the eviction of the occupants, at the cost,
expense, and risk ofthe purchaser; any and all costs expended by the purchaser are not
reimbursable by the United States of America or any of its agents or employees. In the event of
default by the purchaser, the property shall be resold at the risk and cost of the defaulting
purchaser, to wit, the 10% deposit shall be withheld by the United States of America as
liquidated damages and is not refundable.
, U.S. MARSHAL
DISTRICT OF DELAWARE
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