Judgment: US BANK NA V TIMOTHY J THIEMANN (E-CASE)

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© Q RECEIVED

IN THE CIRCUIT COURT OF ST. CHARLES, MISSOURI MAR 22 2010

ST. CHARLES COUNTY
USS. Bank, N.A. CIRCUIT CLERK
Plaintiff,
Case No. AOLI- Eve.

Timothy J. Thiemann;

A

Division 7

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Defendant. )

GREED JUDGMENT TO SET ASIDE TRUSTEE’S DEED UNDER SALE

U

.S. Bank, N.A., by its counsel JUDD M. DAVIS of the law firm of South & Associates,

P.C., and Timothy J. Thiemann appears pro se, and have agreed to judgment to set aside

Trustee’s

Deed Under Sale and request that the Court enter, without further notice or hearing, a

Judgment to Set Aside Trustee’s Deed Under Sale in this case. The Court, after having reviewed

the pleadings, the agreement of counsel and defendant, and fully advised in the premises finds:

1.

2.

Plaintiff is a business organization authorized to conduct business in Missouri.
Defendant Timothy J. Thiemann (hereinafter “Defendant Thiemann’) is at all
times mentioned a resident of St. Charles County, Missouri. Defendant Thiemann
has waived service of process.
This Court has jurisdiction over this matter and venue is proper in this circuit
pursuant to § 508.030 RSMo because this action affects title to real estate situated
within St. Charles County, Missouri, to wit:

Lot 19 of the subdivision of Lot 85 of WOODCLIFF

ESTATES PLAT NO. 8 and part of the Northwest

Quarter of Section 22, Township 46 North, Range

4 East, a subdivision in St. Charles County,

Missouri, according to the plat thereof recorded

in Plat Book 19 Page 117 of the St. Charles
County Recordsst © a

4. On May 20, 2005, Defendant Thiemann executed a note in the principal amount
of $141,389.00, payable in accordance with its terms thereof (the “Note”).

5. Contemporaneously with the execution of the Note, Defendant Thiemann
executed a deed of trust (the “Deed of Trust”) on the Property to secure payment
of the Note.

6. The Deed of Trust was recorded in the St. Charles Register of Deeds on May 26,
2005 in Book DE4187 Page 278.

7. Subsequent to the execution of the Note and Deed of Trust, the Note and Deed of
Trust were assigned to Plaintiff for good and valuable consideration.

8. On December 3, 2009, a Trustee’s Sale of the Property was held due to a default
under the terms of the Note and Deed of Trust by Defendant Thiemann.

9. Plaintiff was the successful bidder at the Trustee’s sale and is now the current
owner of the Property.

10. The Trustee’s Deed Under Sale was recorded in the Office of the Recorder of

Deeds for St. Charles County, Missouri on December 17, 2009 in Book DE5311
Page 2359.

11. Subsequent to the Trustee’s Sale, Plaintiff and Defendant Thiemann came to a
mutual agreement to reinstate the Deed of Trust and Note to their original terms
and set aside the Trustee’s Deed under Sale.

12.  Inorder to reinstate the Note and Deed of Trust to its original terms, the recorded
Trustee’s Deed under Sale must be set aside.

IT IS CONSIDERED, ORDERED, ADJUDGED AND DECREED BY THE COURT

that the Trustee’s Deed Under Sale has been set aside, reinstating the Note and Deed of Trust to" oO G

its original terms, specifically that the power of sale remains in effect and has not been

exhausted, and for further relief as the Court deems just and proper.

JUDG! S33 )- Iw

Respectfully submitted,

a (Jo
JUDD M. DAVIS (56215)

South & Associates, P.C.

6363 College Boulevard, Suite 100
Overland Park, KS 66211

Phone (913) 663-7611

Fax (913) 663-7899
judd.davis@southlaw.com

ATTORNEYS FOR PLAINTIFF

Timottya Thiemann
333 Beaver Lake Drive
St. Charles, MO 63303