Free Stipulation - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1205

Filed 05/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00103-REB-05 UNITED STATES OF AMERICA, Plaintiff, v. 5. JANNICE McLAIN SCHMIDT Defendant.

STIPULATED EXPEDITED SETTLEMENT AGREEMENT

IT IS HEREBY STIPULATED by and between the United States of America and Petitioner Midwest Bank, N.A., Plainview National Bank ("Midwest Bank"), as lienholder, to compromise and settle its interest in the following real:

Township 27 North, Range 5 West, 6th P.m. Section 27: SE/4 Antelope County, Nebraska Parcel No. 000 38 63 00 This stipulated settlement is entered into between the parties pursuant to the following terms: 1. The parties hereby stipulate that Midwest Bank was an innocent

lienholder and that any violations of federal law involving the property occurred without the knowledge and consent of Midwest Bank. 2. The United States agrees that upon entry of a Final Order of Forfeiture

forfeiting the property to the United States and sale of the property, it will pay Midwest Bank the following:

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a. to the extent of the proceeds of the sale, all unpaid principal due to Midwest under the Deed of Trust encumbering the property, which was recorded on September 5, 2001 in the official records of Antelope County, Nebraska in book 180 of Mortgages, at page 383., that is up to $117,256.12 unpaid principal. b. all unpaid interest at the contractual (not default) rate under the abovedescribed Deeds of Trust until the date of payment; c. all unpaid casualty insurance premiums from the date of commencement of this action, to the date of payment; d. any delinquent property taxes paid by Midwest Bank on behalf of title owner Janice McLain Schmidt; e. reasonable attorney fees incurred by Midwest Bank subsequent to notice of this action, and as of the filing date of this Expedited Settlement Agreement. 3. The payments to Midwest Bank shall be in full settlement and satisfaction

of all claims by Midwest to the property relating to the seizure of the property by the United States, and of all claims resulting from the incidents or circumstances giving rise to this lawsuit. 4. Upon payment, Midwest Bank agrees to release its Deed of Trust and to

release and hold harmless the United States, and any agents, servants, and employees of the United States acting in their individual or official capacities, from any and all claims by Midwest Bank and its agents which currently exist or which may arise as a result of the United States' action against the property. 5. Midwest Bank agrees not to pursue against the United States any other

rights that it may have under the mortgage instrument, including but not limited to the 2

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right to initiate a foreclosure action. 6. Midwest Bank further agrees to join any government motions for

interlocutory or stipulated sale of the property within ten (10) days of Midwest Bank's receipt of the motions. 7. Midwest Bank understands and agrees that by entering into this

Expedited Settlement of its interest in the property, it waives any rights to further litigate its interest in the property and to petition for remission or mitigation of the forfeiture, and unless specifically directed by an order of the Court, Midwest Bank shall be excused and relieved from further participation in this action. 8. Midwest Bank understands and agrees that the United States reserves

the right to void this Expedited Settlement agreement and terminate the forfeiture action at any time for legal reasons or within ninety (90) days after the date of this agreement for economic reasons. 9. The parties agree to execute further documents, to the extent necessary,

to convey clear title to the property to the United States and to further implement the terms of this settlement. Each party agrees to bear its own costs and attorneys' fees, excluding those fees described in paragraph 2, above. 10. The terms of this Expedited Settlement Agreement are contingent upon

forfeiture of the property to the United States and the Court's entry of a Final Order of Forfeiture. Further, the terms of this settlement agreement shall be subject to approval by the United States District Court. Violation of any terms or conditions herein shall be construed as a violation of an Order of the Court.

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Dated: April, 2, 2007

Respectfully submitted, TROY A. EID United States Attorney By:s/James S. Russell JAMES S. RUSSELL Assistant United States Attorney 1225 17th Street, Ste. 700 Denver, Colorado 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 [email protected] Counsel for Plaintiff The United States of America

Dated: March 20, 2007

s/ Thomas H. Delay THOMAS H. DELAY, Esq. Jewell, Collins, DeLay & Flood 105 South Second Street Norfolk, Nebraska 68701 Phone: (402) 371-4844 Fax: (402) 371-5673 [email protected] Counsel for Midwest Bank

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