Case 1:08-cv-00435-JM Document 41-1 Filed 04/14/10 Page 1 of 3 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

UNITED STATES OF AMERICA, 

Plaintiff, 

Land and Buildings Located at 

286 Squantum Road, Jaffrey, New Hampshire, 

with all Appurtenances and Improvements Thereon, 

Owned by Thomas E. Neal, et al., 

Defendants-in-rem. 

CIVIL NO. 08-435-JM 

ORDER FOR INTERLOCUTORY SALE OF LAND AND BUILDINGS 

LOCATED AT 286 SQUANTUM ROAD, JAFFREY, NEW HAMPSHIRE 

Having reviewed the Motion for Interlocutory Sale of Land and Buildings Located at 

286 Squantum Road, Jaffrey, New Hampshire, 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 

1. The defendant-in-rem real property, Land and Buildings Located at 286 Squantum 

Road, Jaffrey, New Hampshire, with all Appurtenances and Improvements Thereon, Owned by 

Thomas E. Neal, shall be sold at an interlocutory sale pursuant to the terms set forth in the 

Motion for Interlocutory Sale; 

2. Mr. Neal will execute promptly any documents which may be required to 

complete the interlocutory sale of the defendant-in-rem real property; 

3. The United States Marshals Service (USMS) will promptly market and sell the 

property at a price of not less than ninety-five percent of the value of the defendant-in-rem real 

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property shown on the most recent appraisal. Updated appraisals may be obtained, as warranted 

and the sales price adjusted accordingly. 

4. If the highest offer to purchase is less than ninety-five percent of the appraised 

value, the sale shall go forward only if the United States agrees to the sale. However, if an offer 

to purchase is received for a figure of ninety-five percent or more of the appraised value, The 

USMS may enter into a sales contract without prior consent of the United States; 

6. The USMS 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; 

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 lienholders; 

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; 

G. Title fees; 

H. Transfer taxes; 

8. Sixty percent of the net proceeds realized from the sale of the defendant property 

shall be provided as a "substitute res" for the defendant property named in this lawsuit, and at the 

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riwe o/^e closing shall be remitted to the custody and control of the United States Marshals 

Service as a substitute res in this case; the parties agree that the substitute res may be forfeited 

immediately to the United States of America. The remaining forty percent of the net proceeds 

will be paid to Mr. Neal, through his counsel, Preti Flaherty PLLP, at the time of closing; and 

10. Mr. Neal 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) from the date of this order until the interlocutory sale has been completed. 

Dated: 

I UNJt^LSTATES MAGISTRATE JUDGE" " 

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