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NOTICE OF SALE BY THE U.S.
MARSHAL OF DEFENDANT VESSEL
F.R.C.P. Supplemental Admiralty Rules C and E
46 U.S.C. Sections 30101-31343
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
Case No. 12 CV 1786 AJB (BGS)
AMERICANWEST BANK, a Washington State chartered bank,
P/V INDIAN, Official no. 526530, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES, in rem
and INDIAN SPORT FISHING, INC., a California corporation, in personam,
Defendants.NOTICE OF SALE BY THE UNITED STATES MARSHAL OF DEFENDANT VESSEL
In the United States District Court, Southern District of California, In Admiralty, Civil Case No. 12-CV-1786 AJB (BGS) entitled AMERICANWEST BANK, Washington State chartered bank, v. P/V INDIAN, Official No. 526530, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES, in rem
. and INDIAN SPORT FISHING, INC., a California corporation, in personam,
pursuant to an Order of the United States District Court dated March 1, 2013, the United States Marshal, hereby gives notice P/V INDIAN, Official No. 526530, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES and other property belonging thereto, will be sold free and clear of all liens, as is, where is, in accordance with Rule (E)(9)(a)(i) of Supplemental rules for Admiralty or Maritime Claims and Asset Forfeiture Actions and Civil Local Rule E.1(e) at public auction to the last and highest bidder by bidding increments of not less than $500.00, with no minimum bid on the 3rd day of May, 2013, beginning at 10:00 a.m. The vessel is presently located at H&M Landing, 2803 Emerson Street, San Diego, California, 92106. The sale will be conducted at the same address. Plaintiff is entitled to credit bid at the sale without payment of certified check or cashiers check, a sum equal to the total amount of Defendant P/V INDIANs secured indebtedness as of the time of the sale and as established by affidavit filed and served on all other parties no later than seven (7) calendar days prior to the sale. The last and highest bidder at the sale will be required to deposit with the U.S. Marshal a certified check or a cashiers check in the amount of the full purchase price not to exceed $500, and otherwise $500 or ten percent (10%) of the bid, whichever is greater, and that the balance, if any, of the purchase price shall be paid by certified check or cashiers check before confirmation of the sale or within three days of dismissal of any opposition which may have been filed, exclusive of Saturdays, Sundays and legal holidays. Any proceeds of the sale shall be deposited by the United States Marshal Service in the Registry of the Court pending further order of the Court. The sale of the Defendant Vessel by the United States Marshal shall stand confirmed as of course, without the necessity of any affirmative action thereby by the Court, except that no sale shall stand confirmed until the buyer has complied fully with the terms of the purchase.
Objections to confirmation of sale properly and timely filed will be adjudicated by the Court. Any objecting party shall serve copies of written objections to all known and interested parties, said parties to include the United States Marshal and the purchaser, and shall further do all things required by Local Admiralty Rules of the United States District Court for the Southern District of California.
Interested parties should contact Philip E. Weiss, Esq. at Brodsky Micklow Bull & Weiss, telephone (619) 225-8884.
DATED: April 10, 2013STEVEN C. STAFFORD
United States Marshal
Pub Apr 24-May 2 -00109902