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NOTICE OF JUDICIAL SALE
 
Under the authority in Title 28 U.S.C., Sections 2001 and 2002, the property described below will be sold pursuant to a Judgment and Order of Sale entered August 14, 2008 in United States of America v. Defendants, Civil No. 4:06-CV-00230, United States District Court for the Southern District of Iowa.
 
 
Date:12/3/2008
Time:1:00 PM
 
Bidder Registration Time:12:30 PM
 
Sale Location: Johnson County Courthouse, 417 South Clinton, Iowa City, Iowa 52240
 
Title Offered: Contact Dan Holmes, PALS
 
Description of Property: Locally known as 5765 Cosgrove Road SW, Kalona, Iowa
 
Property May Be Inspected at:
By Appointment Only NOTE-Do not enter property without expressed permission of the Internal Revenue Service.
 
Legal Description: The East 5.0 acres of the NW ¼ of the SE ¼ of the SE ¼ Section 35, Township 78 North, Range 8 West, of the 5th P.M., Johnson County, Iowa. Together with an easement for egress and ingress over the following described tract of ground. The South 30 feet of the East 705 feet of the NE ¼ of the SE 1/4 Section 35, Township 78 North, Range 8 West, of the 5th P.M., Johnson County, Iowa
 
Minimum Bid: $ 90,000.00
 
Bid Note: Mail in bids accepted
 
Click here for Mail-in Bid Form
 
Click here for Amended Order of Sale
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The Terms of Payment: The sale of the property shall be free and clear of any interests of the defendants.

The sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning) affecting the property, and easements and restrictions of record, if any.

The successful bidder shall be required to deposit a minimum of 10% of the bid, with the deposit to be made by money order, certified or cashier’s check, payable to the United States District Court for the Southern District of Iowa.

Before being permitted to bid at the sale, all bidders shall display proof that they are able to comply with this requirement. No bids will be received from any persons who have not presented proof that, if they are successful bidders, they can make the deposit required by this order of sale.

The successful bidder shall tender the balance of the purchase price for the Property to: Dan Holmes, PALS, Suite 102, 201 Tower Park Drive, Waterloo, Iowa, 50701, no later than 1:00 pm on December 19, 2008, by a certified or cashier’s check or money order, payable to the United States District Court for the Southern district of Iowa.
If the bidder fails to fulfill this requirement, the deposit shall be forfeited and retained by the IRS as par of the proceeds of sale. The Property shall be again offered for sale under the terms and conditions of this order of sale or, in the alternative, the Property may be sold to the second highest bidder from the previous auction, if above the minimum bid, without the necessity of conducting another auction.

The sale of the property shall be subject to confirmation by the court. Upon confirmation the PALS shall execute and deliver a deed conveying the Property to the purchaser. Upon confirmation all interests in, liens against, or claims to the Property that are held or asserted by all parties to this action are discharged and extinguished. Upon confirmation of the sale, the Johnson County, Iowa Recorder shall cause transfer of the Property to be reflected upon that county’s register of title.

All persons occupying the Property shall permanently leave and vacate the Property within 30 days of the date of the first publication of the Notice of Sale or the date on which a copy of it is delivered to the defendants, whichever is later, each taking his or her personal property (but leaving all improvements, buildings, fixtures, and appurtenances to the Property). If any person fails or refuses to leave and vacate the Property by the time specified in this Order, PALS, in coordination with the United States Marshal and his deputies is authorized and directed to take all actions that are reasonably necessary to bring about the ejectment of those persons. If any person fails or refuses to remove his or her personal property from the Property by the time specified herein, the personal property remaining on the Property thereafter is deemed forfeited and abandoned, and PALS is authorized to remove it and dispose of I in any manner it sees fit, including sale, in which case the proceeds of the sale are to applied first to the expense of the sale and the balance to be held for further distribution as ordered by the Court.
 
Form of Payment: All payments must be by cash, certified check, cashier’s or treasurer’s check or by a United States postal, bank, express, or telegraph money order. Make check or money order payable to the United States District Court for the Southern District of Iowa.
 
The United States may bid as a credit against its judgment without tender of cash.

The government reserves the right to reject any and all bids and to withdraw the property from sale.

The property is offered for sale “as is” and “where is” and without recourse against the United States. The United States makes no guarantee of condition of the property, or its fitness for any purpose. The United States will not consider any claim for allowance or adjustment or for the rescission of the sale based on failure of the property to comply with any expressed or implied representation.

The sale is ordered in accordance with 28 U.S.C. Section 2001 and is made without the right of redemption.
 
For additional information about the property and proposed sale, please contact the following office:
Name:Dan Holmes
Title: Property Appraisal & Liquidation Specialist
Bureau: Internal Revenue Service
Address: 201 Tower Park Drive
Suite 102
Waterloo, IA, 50701
Phone: 515-491-1663
 
Available images for this Item
Front view  
Front view
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View of Laundry Area  
View of Laundry Area
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Living Area  
Living Area
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Basement Bedroom  
Basement Bedroom
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Basement Half Bath  
Basement Half Bath
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Basement Kitchen Area  
Basement Kitchen Area
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Basement Office Area  
Basement Office Area
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View of Garage  
View of Garage
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For additional information, please contact Dan Holmes
Updated: 11/20/2008
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