Free Motion for Forfeiture of Property - District Court of Colorado - Colorado

Case 1:04-cr-00153-LTB

Document 463-2

Filed 04/14/2006

Page 1 of 5

U.S. v. Gerald P. Small, III, et al. 04-cr-00153-LTB EXHIBIT ONE a. Proceeds with accrued interest and Escrow amounts, if any, from the sale of 4004 Birchmont Street, Las Vegas, Nevada, from RSGT Development to Horizon Homes, Inc., as evidenced by the Grant, Bargain, Sale Deed dated August 20, 2003 and recorded in the records of Clark County, Nevada, on February 26, 2004. Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 2659 Regency Cove Court, Las Vegas, Nevada, more particularly described as: Emerson Estates, Unit 2, Plat Book 94, Page 64, Lot 10; Parcel No. 162-13-221-001; Clark County, Nevada. c. Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 2647 Regency Cove Court, Las Vegas, Nevada, more particularly described as: Emerson Estates, Unit 2, Plat Book 94, Page 64, Lot 13; Parcel No. 162-13-221-004; Clark County, Nevada. d. Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 5376 Valley Wells Way, Las Vegas, Nevada, more particularly described as: Hacienda Estates, Unit 1, Plat Book 93, Page 85, Lot 23, Block 1; Parcel No. 163-28-718-023; Clark County, Nevada. e. Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 5396 Valley Wells Way, Las Vegas, Nevada, more particularly described as: Hacienda Estates, Unit 1, Plat Book 93, Page 85, Lot 25, Block 1; Parcel No. 163-28-718-025; Clark County, Nevada.

b.

Case 1:04-cr-00153-LTB

Document 463-2

Filed 04/14/2006

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f.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 5387 Valley Wells Way, Las Vegas, Nevada, more particularly described as: Hacienda Estates, Unit 1, Plat Book 93, Page 85, Lot 16, Block 1; Parcel No. 163-28-718-016; Clark County, Nevada. Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 5397 Valley Wells Way, Las Vegas, Nevada, more particularly described as: Hacienda Estates, Unit 1, Plat Book 93, Page 85, Lot 15, Block 1; Parcel No. 163-28-718-015; Clark County, Nevada.

g.

h.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 5386 Valley Wells Way, Las Vegas, Nevada, more particularly described as: Hacienda Estates, Unit 1, Plat Book 93, Page 85, Lot 24, Block 1; Parcel No. 163-28-718-024; Clark County, Nevada.

i.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 4116 Villa Flora Street, Las Vegas, Nevada, more particularly described as: Willowdale Park Merger Resub, Plat Book 103, Page 30, Lot 1, Block 2; Parcel No. 138-01-812-003; Clark County, Nevada.

j.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 4005 Birchmont Street, Las Vegas, Nevada, more particularly described as: Willowdale Park Merger Resub, Plat Book 103, Page 30, Lot 18, Block 2; Parcel No. 138-01-812-018; Clark County, Nevada.

k.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 2278 Coral Ridge Avenue, Henderson, Nevada, more particularly described as: Green Valley Ranch-Parcel 42, Plat Book 75, Page 39, Lot 25, Block 2; Parcel No. 178-19-813-020; Clark County, Nevada. 2

Case 1:04-cr-00153-LTB

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Filed 04/14/2006

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l.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 2286 Candlestick Avenue, Henderson, Nevada, more particularly described as: Green Valley Ranch-Parcel 42, Plat Book 75, Page 39, Lot 6, Block 1; Parcel No. 178-19-813-009; Clark County, Nevada.

m.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 513 Bighorn Ridge Avenue, Henderson, Nevada, more particularly described as: Highlands Unit 1, Plat Book 78, Page 53, Lot 32, Block 5; Parcel No. 178-28-212-033; Clark County, Nevada.

n.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 509 Bighorn Ridge Avenue, Henderson, Nevada, more particularly described as: Highlands Unit 1, Plat Book 78, Page 53, Lot 33, Block 5; Parcel No. 178-28-212-034; Clark County, Nevada.

o.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of of, 505 Bighorn Ridge Avenue, Henderson, Nevada, more particularly described as: Highlands Unit 1, Plat Book 78, Page 53, Lot 34, Block 5; Parcel No. 178-28-212-035; Clark County, Nevada.

p.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 28237 Belle Vista Drive, Conifer, Colorado, more particularly described as: Lot 5, Belle Meade Subdivision; Parcel No. 61-224-01-005 County of Jefferson, Colorado.

q.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of of, 130 Red Fox Drive, Gypsum, Colorado, more particularly described as:

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Case 1:04-cr-00153-LTB

Document 463-2

Filed 04/14/2006

Page 4 of 5

Lot 89, Cotton Ranch Planned Unit Development Timberwolf Filing (Filing 3), according to the final Plat recorded September 18, 1996 in Book 705 at Page 680, as Reception No. 601664, County of Eagle, Colorado.

r.

Real property located at, or the proceeds, with accrued interest and Escrow amounts, if any, from the sale of, 14149 Augusta Drive, Broomfield, Colorado, more particularly described as: Lot 16, the Broadlands Filing No. 7, City and County of Broomfield, State of Colorado.

s.

$3,411,554.58 in United States Currency, which funds were wire transferred from Bank One account number 193830179, in the name of TDF Mortgage Funding Inc., to Flagstar Bank, FSB, routing number 2724 7185 2, between March 12, 2004, and March 15, 2004, as payoffs for the loans named in the chart below: DATE 03/12/04 03/12/04 03/12/04 03/12/04 03/15/04 03/15/04 03/15/04 03/15/04 03/15/04 AMOUNT $463,762.74 $398,428.16 $354,655.25 $334,038.51 $412,101.50 $409,104.79 $404,730.21 $363,738.84 $270,994.58 RUNNING NAME ON WIRE TOTAL $463,762.74 Eller $862,190.90 Furtney $1,216,846.15 Coy $1,550,884.66 Flores $1,962,986.16 Rivera $2,372,090.95 Campbell $2,776,821.16 Backus $3,140,560.00 Orten $3,411,554.58 Gifford

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or the Letter of Credit received by the government from Flagstar Bank, FSB in lieu of this currency. t. $3,822,654.95 in United States Currency, seized on March 16, 2004, from Bank One, Denver, Colorado, pursuant to a federal Civil Seizure Warrant, Case No. 04-X-013. $560,383.03 in United States Currency, seized on March 16, 2004, from First National Bank of Colorado, Boulder, Colorado, pursuant to a federal 4

u.

Case 1:04-cr-00153-LTB

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Filed 04/14/2006

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Civil Seizure Warrant, Case No. 04-X-014. v. $10,000.00 in United States Currency, seized from defendant Chad E. Heinrich, on April 5, 2004.

w.

$25,000 in United States Currency, seized from defendant Robert J. Sigg, on May 26, 2004. Approximately $727,706.11 representing the balance of a $1,000,000.00 deposit of collateral made on or about December 26, 2003, by Twentieth Century Mortgage, Inc. with First Collateral Services, Inc., less an outstanding principal balance, interest, fees, and expenses (currently $727,706.11). 2004 Jaguar XJR, VIN SAJEA73B84TG12447. 2002 black Toyota Tacoma Pickup, VIN 5TEWN72N12Z042516. 2000 black Dodge Ram 2500 Pickup, VIN 1B7KF2363YJ117032. 2002 silver Nissan Pathfinder, VIN JN8DR09Y42W713388. 2003 silver Dodge Ram 3500 Pickup, VIN 3D7LU38C33G748491. 2003 black Lexus GX-470, VIN JTJBT20X730019865.

x.

y. z. aa. bb. cc. dd.

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