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United States v. Crow

United States District Court, D. South Dakota, Western Division

October 31, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
FARRAH M. BIG CROW, ROBERT W. CLIFFORD; and THE OGLALA SIOUX TRIBE, Defendants.

          ORDER OF DEFAULT JUDGMENT AND DECREE OF SALE

          Lawrence L. Piersol United States District Judge.

         This matter having come before the Court on Plaintiffs Motion for Default Judgment and Decree of Sale (Docket 34) against the Borrowers pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, and the Court having considered the pleadings filed in this action, and having concluded that no genuine issue exists as to any material facts, the Court now therefore enters this Judgment of Foreclosure and Decree of Sale. Accordingly, it is

         ORDERED, ADJUDGED, AND DECREED that Plaintiff shall have Judgment as follows:

         Judgment Against Borrowers

         1. Plaintiff shall have and recover judgment against Defendants Farrah M. Big Crow and Robert W. Clifford ("Borrowers") for the principal sum of $79, 920.34, together with interest as provided by law, plus any additional sums advanced in relation to this action.

         Interest will continue to accrue at the legal rate after judgment until paid pursuant to 28 U.S.C. § 1961(a).

         Judgment of Foreclosure

         2. Plaintiff shall have and recover judgment of foreclosure upon the leasehold interest described as:

LOT 15, BLOCK 30, LOCATED WITHIN THE SW1/4 SE1/4 NE1/4 SW1/4, SE1/4 SW1/4 NE1/4 SW1/4, W1/2 NESESW1/4, E1/4 NW1/4 SE1/4 SW1/4, SECTION 7, T35N., R44W., 6TH PM, SD, CONTAINING 7.66 ACRES, MORE OR LESS.
All of Borrowers' right, title, and interest in and to a lease agreement for an original term of 25 years, automatically extended for an additional term of 25 years, dated December 21, 1999, between the Oglala Sioux Tribe as lessor and owner, and Farrah Big Crow and Robert Clifford, Sr., as lessees, including any extensions and renewals thereof.

         3. Judgment against the leasehold interest shall be in the amount of $79, 920.34 in principal, together with interest as provided by law, plus any additional sums advanced, costs incurred and accruing in relation to this action. The interest of Borrowers and all persons or entities that hold junior liens, encumbrances, and interests in such property shall be foreclosed.

         Interest will continue to accrue at the legal rate after judgment until paid, pursuant to 28 U.S.C. § 1961(a).

         4. The liens, encumbrances, interests and/or claims of all defendants in the real property described herein are junior to and inferior to the mortgage of Plaintiff.

         Decree of Sale as to the Leasehold Interest in ...


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