Opinion
Case No. 2:10-cv-06596-DSF-JEM APN: 2841-025-022
08-03-2011
UNITED STATES OF AMERICA, Plaintiff, v. WENDY BOSCHMA, an individual, JERROLD BOSCHMA, an individual, and ING BANK FSB, a Delaware corporation, Defendants
JUDGMENT (PURSUANT TO STIPULATION)
Property: 26930 Whitehorse Place Santa Clarita. CA 91387
Based on the Stipulation is entered into between defendant, ING BANK FSB ("ING") and plaintiff UNITED STATES OF AMERICA ("USA"), by and through their respective counsel of record, Judgment is entered as follows:
1. This Judgment affects the real property commonly known as 26930 Whitehorse Place, Santa Clarita, CA 91387, APN 2841-025-022 and legally described as:
PARCEL 1:
LOT 22 OF TRACT 45409, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1098 PAGES 25 TO 27 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM, EXCLUSIVE AND NON-EXCLUSIVE
EASEMENTS FOR USE, ENJOYMENT, ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION REFERRED TO BELOW.
ALSO EXCEPT THEREFROM, ALL MATERIALS, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER, OR WHICH MAY BE PRODUCED FROM THE LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE LAND, FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF THE MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM THE LAND, BY MEANS OF MINES, WELLS, DERRICKS OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE-DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER, AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE-DESCRIBED LAND NOR TO USE ANY OF THE LAND OR ANY PORTION OF IT ABOVE THE PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE LAND FOR ANY PURPOSE WHATSOEVER.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS FOR USE, ENJOYMENT, ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION OF RESTRICTIONS FOR CRYSTAL SPRINGS RANCH DATED MARCH 2, 1981 AND RECORDED ON MARCH 6, 1981 AS INSTRUMENT NO. 81-238112, AS AMENDED BY CO THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS FOR CRYSTAL SPRINGS RANCH DATED APRIL 13, 1981 AND RECORDED ON APRIL 23, 1981 AS INSTRUMENT NO. 81-408731, AND (II) THAT CERTAIN SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS FOR CRYSTAL SPRINGS RANCH DATED NOVEMBER 6, 1981 AND RECORDED ON DECEMBER 8, 1981 AS INSTRUMENT NO. 81-1204267, AND AS FURTHER AMENDED AND RESTATED BY THAT CERTAIN RESTATEMENT AND AMENDMENT OF DECLARATION OF RESTRICTIONS FOR CRYSTAL SPRINGS RANCH DATED DECEMBER 19, 1986 AND RECORDED ON JANUARY 13, 1987 AS INSTRUMENT NO. 87-45748, AS FURTHER SUPPLEMENTED BY THAT CERTAIN DECLARATION OF ANNEXATION FOR TRACT 45409, DATED AS OF JUNE 13, 1988 AND RECORDED ON JULY 7, 1988 AS INSTRUMENT NO. 88-1065229, (COLLECTIVELY, THE "DECLARATION").
2. The Deed of Trust in the face amount of $635,000 naming ING Bank, FSB as lender/beneficiary, Wendy Boschma, a married woman as her sole and separate property, as borrower, and First American Title Company, as trustee, which recorded in the Los Angeles County Recorder's Office on July 25, 2007 as Instrument No. 07-1753170 is a valid and enforceable first priority lien encumbering 100% of Property ("ING Deed of Trust").
3. The ING Deed of Trust is senior and superior to the Notice of Lien for Fine and/or Restitution Imposed Pursuant to the Anti-Terrorism and Effect Death Penalty Act of 1996 in the amount of $900,100 against Jerrold Boschma recorded in the Los Angeles County Recorder's Office on April 20, 2007 as Instrument No, 20070947828 ("Judgment Lien").
4. Foreclosure of the Judgment Lien, if any, shall be subject to the existing, senior ING Deed of Trust and foreclosure of the Judgment Lien, if any, shall not affect the validity and enforceability of the ING Deed of Trust as a lien encumbering 100% of the Property.
5. Each party shall bear their own costs and fees.
Dale S. Fischer
United States District Judge