Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:04-cv-00762-RPM

Document 27

Filed 11/01/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 04-cv-00762-RPM J. DAVID EVANS and BERNITA M. EVANS, Plaintiffs, v. ANN M. VENEMAN, Secretary, United States Department of Agriculture, Defendant.

JUDGMENT

Pursuant to the Memorandum Opinion and Order entered by Senior District Judge Richard P. Matsch on November 1, 2005, it is ORDERED AND ADJUDGED that the defendant shall cancel and mark as " Paid in Full" the Promissory Note dated December 9, 1977 made by John D. Evans AKA J. David Evans and Bernita Mae H. Evans AKA Bernita M. H. Evans and return the original of this note to the plaintiffs. It is FURTHER ORDERED AND ADJUDGED that the defendant shall cancel and mark as " Paid in Full"the write-down Promissory Note dated March 21, 1989 made by John D. and Bernita M. H. Evans and return the original of this note to the plaintiffs. It is FURTHER ORDERED AND ADJUDGED that the Shared Appreciation Agreement dated March 21, 1989 between the Farmers Home Administration and John D. Evans and Bernita M. H. Evans is deemed satisfied and paid in full by the plaintiffs and is of no further force or

Case 1:04-cv-00762-RPM

Document 27

Filed 11/01/2005

Page 2 of 2

effect. It is FURTHER ORDERED AND ADJUDGED that the defendant shall cancel and release of record, and execute and file all documents necessary to release, the Real Estate Deed of Trust for Colorado made by John D. Evans, aka J. David Evans, and Bernita Mae H. Evans, aka Bernita M. H. Evans, dated December 9, 1977, recorded in Book 459, Page 1480 in the records of the County of Delta, State of Colorado. It is FURTHER ORDERED AND ADJUDGED that any and all rights, title, interest, estate and claim to the property described in the above-referenced Real Estate Deed of Trust dated December 9, 1977, of the defendant, the United States of America, and the Farm Service Agency are terminated. It is FURTHER ORDERED AND ADJUDGED that the plaintiffs shall within thirty days of final judgment submit an application for fees and other expenses with supporting documentation for services in this action. Dated: November 1st, 2005

GREGORY C. LANGHAM, CLERK s/M.V. Wentz By____________________________ Deputy

s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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