NOTICE OF UNITED STATES MARSHAL'S SALE UNITED STATES
DISTRICT COURT SOUTHERN
DISTRICT OF CALIFORNIA
CASE NO. 01CR1963-J
UNITED STATES OF AMERICA,
MARK OTTO FLACH,
Under the authority of the Federal Debt Collection Procedures Act, 28 U.S.C. ?? 3001-3308, and by virtue of a Writ of Execution filed on September 26, 2002, and issued out of the United States District Court Southern District of California, in the United States v. Mark Otto Flach, Case No. 91-CR-1963-J, on September 8, 2003, public notice is hereby given that I have levied upon the property described below to satisfy the judgement entered in favor of plaintiff, United States of America, and against defendant, Mark Otto Flach. The property is described below:
2003 Toyota Tacoma Pick-Up Truck, Vehicle Identification Number 5TEGN92N13Z213802, License Plate Number 8C29480.
The above-described property will be sold pursuant to the provisions of 28 U.S.C. ? 3203 (g) at a public auction to the highest bidder, for cash (or certified check) to take place on Wednesday, December 10, 2003, at 9020 Airway Road, San Diego, California 92154 at 9:00 O'clock a.m.
All personal property is subject to the following terms and conditions:
1. The minimum bid price shall be $19,170.00, with bidding in increments of $500.00.
2. At the execution sale to be held by the United States Marshal under the terms of the Court's Writ of Execution, the purchaser of an undivided interest in the property shall:
a. Pay the entire purchase price in cash, certified check, or cashier's check (checks should be made payable to the United States Marshals Service) at the time of the execution sale; or
b. Pay a non-refundable deposit of ten percent of the purchase price in cash, certified check or cashier's check (checks should be made payable to the United States Marshals Service) at the time of the execution sale, and pay the reminder of th purchase price in cash, certified check or cashier's check within three business days following the date of the execution sale by delivering the remainder of the purchase price to the United States Marshal before the close of the business on the third business day following the execution sale.
3. In the event that the successful bidder at the execution sale fails to pay the remainder of the purchase price within three business days following the day of the execution sale pursuant to the provisions set forth in Paragraph 2(b) above, the United States Marshal shall, within even days following the default, commence proceedings for a new sale under the procedures established in 28 U.S.C. ? 3203 (g)(3)(B).
4. In the event that the successful bidder at the execution sale fails to pay the remainder of the purchase price within three business days following the day of execution of sale pursuant to the provisions set for in paragraph 2(b) above, any and all deposits shall be non-refundable and will be forfeited to the United States Marshals Service or at the election of the United States Marshals Service, the successful bidder shall be liable to the United States Marshals Service, on a subsequent sale of the property, for all net losses incurred by the United States Marshals Service as a result of such failure to pay the remainder of the purchase price.
Prospective bidders should refer to 28 U.S.C. ? 3203 (g), for provisions governing the terms, conditions, and effect of the sale and the liability of a defaulting bidder. Interested parties may call ROBERTSON LEASING CORPORATION, (619) 699-0817 to arrange an appointment for viewing the vehicle.
Dated this 24 day of November, 2003
By: /s/ DAVID BEJARANO
United States Marshal
Southern District of California
11/25/03, 11/26/03, 11/27/03, 11/28/03, 12/01/03, 12/02/03, 12/03/03, 12/04/03, 12/05/03, 12/08/03
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