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Gbc International Bank v. Authorizing Interlocutory Sale of

June 5, 2012

GBC INTERNATIONAL BANK, PLAINTIFF,
v.
AUTHORIZING INTERLOCUTORY SALE OF MISS CORINNE, OFFICIAL NUMBER VESSEL 607659, HER MAST, BOWSPRIT, CABLES, CHAINS, RIGGING, EQUIPMENT, GEAR, (DOCKET NO. 35) FURNITURE, APPAREL, FIXTURES, TACKLE, BOAT, MACHINERY, ANCHORS, FISHING RIGHTS, AND ALL OTHER ADDITIONS, IMPROVEMENTS AND NECESSARIES APPERTAINING, IN REM; AND F/V MISS CORINNE LLC., IN PERSONAM, DEFENDANTS.



The opinion of the court was delivered by: John D. Roberts United States Magistrate Judge

ORDER

THIS MATTER having come before the Court and the Court having reviewed the pleadings on file in this matter, including the Verified Complaint of Plaintiff, GBC INTERNATIONAL BANK, and the Clerk's Entry of Default In Rem after the Defendants failed to appear in this matter after having received summons (Dockets 20 and 21) and it is undisputed that Plaintiff holds a valid Preferred Ship Mortgage on the Vessel MISS CORINNE, Official Number 607659, her mast, bowsprit, cables, chains, rigging, equipment, gear, furniture, apparel, fixtures, tackle, boat, machinery, anchors, freights, fishing rights, and all other additions, improvements and necessaries appertaining in rem.

NOW, THEREFORE:

IT IS ORDERED that the Defendant Vessel and its mast, bowsprit, cables, chains, rigging, equipment, gear, furniture, apparel, fixtures, tackle, boat, machinery, anchors, freights, fishing rights, and all other additions, improvements and necessaries appertaining that have been arrested and are being held in custody shall be sold free and clear of all liens by the U.S. Marshal for the District of Alaska at the Federal Courthouse, 222 West 7th Avenue, Anchorage, Alaska, 99513, at the 7th Avenue entrance on Thursday, June 21, 2012 at 10:00 a.m.

IT IS FURTHER ORDERED that the Clerk of this court shall issue a writ of venditioni exponas to the U.S. Marshal for such public sale of the Defendant Vessel, and its respective equipment, etc., in accord with Local Admiralty Rule (e)-14 to the highest and best bidder, who shall be a citizen of the United States, qualified to document vessels under United States law as provided by 46 U.S.C. § 31329.

IT IS FURTHER ORDERED that the Plaintiff shall publish the attached Notice of Sale of Vessel in accord with Local Admiralty Rule (e)-14(b) with notice of the sale given by publication in newspapers of general circulation, four (4) times on different days during not less than two weeks, with publication to be completed not less than five (5) calendar days prior to the date of sale.

IT IS FURTHER ordered that the U.S. Marshal is directed to acquaint prospective bidders with the provisions of this order of sale and to announce it at the time of sale.

IT IS FURTHER ORDERED that this sale is subject to confirmation by the Court. The Vessel's custodian shall, during reasonable business hours, allow prospective purchasers to board the vessel at their own risk for the purpose of inspecting them.

IT IS FURTHER ORDERED that the highest and best bidder must immediately pay the Marshal, by cash, certified check or cashier's check, the full purchase price if it is $1,000.00 or less, and if more, must pay the greater of $1,000.00 or at least 10% of the bid within a reasonable time set by the Marshal. The balance will be paid within seven (7) days, excluding Saturdays, Sundays and holidays in accordance with Local Admiralty Rule (e)-14(d) "provided that if an objection to the sale is filed within that seven-day period, the bidder is excused from paying the balance of the purchase price until seven (7) court days after the sale is confirmed." If the sale is confirmed, the deposit will be applied to the purchase price. If the sale is not confirmed, the deposit will be returned to the bidder at once. If the bidder fails to pay the balance due and, because of his default a new sale is ordered, the deposit will be forfeited and applied to pay the costs of resale.

IT IS FURTHER ORDERED that the U.S. Marshal's office in Anchorage is authorized to receive any written bid delivered to it by 4:00 p.m. the day before the scheduled sale (June 20, 2012), if it is accompanied by a certified check or a cashier's check for at least 10% of the bid. The written bid shall not be disclosed until commencement of the sale. If the bid is not accepted, the check shall be returned to the bidder at once.

IT IS FURTHER ORDERED that Plaintiff, GBC International Bank, is authorized to credit bid for the Vessel up to $359,898.10. If Plaintiff is the high bidder, it need not make any cash payment, other than (1) the amount necessary to pay any previously-unpaid U.S. Marshal's costs and fees and (2) the U.S. Marshal's commission.

IT IS FURTHER ORDERED that the proceeds of the sale shall be paid to the registry of the Court to be disposed of according to further order of the Court. The U.S. Marshal shall submit a bill of his charges to the Court.

IT IS SO ...


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