UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA, )

)

)

 Plaintiff, )

 )

v. ) CIVIL NO. 05-221-B

 )

Land and Buildings Located at 21 Boulder Drive, ) 

Belmont, New Hampshire, with all Appurtenances and )

Improvements Thereon, Owned by Paul L. Mellor and )

Laura E. Mellor; )

Defendant-in-Rem )

________________________________________________)

ORDER FOR INTERLOCUTORY SALE

Having reviewed the Assented-To Motion for Interlocutory Sale of Land and Buildings

Located at 21 Boulder Drive, Belmont, New Hampshire,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. The defendant property, Land and Buildings Located at Located at 21 Boulder Drive,

Belmont, New Hampshire, shall be sold at an interlocutory sale pursuant to the terms set forth in

the Assented-To Motion for Interlocutory Sale; 

2. The claimants, Paul L. Mellor, Laura E. Mellor, and Chase Home Finance, LLC, and

will execute promptly any documents which may be required to complete the interlocutory sale

of the defendant property;

3. The USMS, will select a licensed real estate broker to market and sell the defendant

property, pursuant to a brokerage agreement for a term of at least six months, at a price to be

determined by the broker and the USMS of not less than 95 percent of the value of the property

shown on the appraisal commissioned by the USMS;

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4. The United States and all parties in interest will be notified of all reasonable offers to

purchase the defendant property;

5. If the highest offer to purchase obtained within the term of the brokerage agreement is

less than 95 percent of the appraised value, the sale shall go forward only if the United States

and all parties in interest agree to the sale. However, if an offer to purchase is received for a

figure of 95 percent or more of the appraised value, the broker and the USMS may enter into a

sales contract without prior consent of the other parties in interest. The United States may, in its

sole discretion, reject any offer to purchase the defendant property where it determines that the

offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the

basis for forfeiture;

6. The purchase price of the defendant property will be a cash price;

7. The net proceeds from the sale of the defendant property will include all money

realized from the sale of the defendant property, except for the following expenses, which shall

be paid at the time of closing from the proceeds of the sale:

a. Real estate commissions, if any;

b. The amounts due to lienholder Chase Home Finance, LLC, pursuant to a

mortgage evidenced by documents recorded at the Belknap County, New Hampshire, Registry of

Deeds;

c. Real estate property taxes which are due and owing;

d. Insurance costs, if any;

e. Escrow fees;

f. Document recording fees not paid by the buyer;

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g. Title fees;

h. Transfer taxes

8. The net proceeds realized from the sale of the defendant property after payment of the

mortgage to Chase Home Finance, LLC, shall be substituted as a “substitute res” for the

defendant property named in this lawsuit, and shall be remitted to the custody and control fo the

USMS as a substitute res in this case, and held pending further order of the Court, and shall be

subject to all remaining unpaid liens, if any are applicable.

9. Paul L. Mellor and Laura E. Mellor will retain custody, control, and responsibility for

the defendant property, will retain existing hazard and homeowners’ insurance on the defendant

property, will maintain the structure and grounds in a manner consistent with offering the

property for sale, and will keep current on all expenses required by federal, state and local law

(including real property taxes) for a period of up to four months from the date of this order or

until the interlocutory sale has been completed, whichever occurs earlier. Paul L. Mellor and

Laura E. Mellor reserves their right to supplement their Verified Claim in this matter to include

any additional expenses they incur during this period.

Dated: April 4, 2006 /s/ Paul Barbadoro

United States District Judge

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