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CNH Industrial Capital America, LLC v. Parden Farms, Inc.

United States District Court, S.D. Mississippi, Southern Division

March 27, 2017

CNH INDUSTRIAL CAPITAL AMERICA, LLC PLAINTIFF
v.
PARDEN FARMS, INC. AND HARVEY D. PARDEN DEFENDANTS

          William J. Little, Jr. MSB# 1287 Attorney for Plaintiff

          Nathan A. Dickson, II, MSB# 102186 Attorney for Defendants

          AMENDED FINAL CONSENT JUDGMENT OF REPLEVIN

          LOUIS GUIROLA, JR. CHIEF U.S. DISTRICT JUDGE

         THIS DAY this cause came on for hearing on the Joint Motion to Amend Final Consent Judgment of Replevin of CNH Industrial Capital America, LLC (“CNH”) and Parden Farms, Inc. (“Borrower”) and Harvey D. Parden (DK#21), and the Court, having considered same, and having been advised that Plaintiff and Defendants agree to the entry of this Amended Final Consent Judgement of Replevin, is of the opinion that final judgment as to Count I: Replevin, should be entered, and, based upon the agreement of the Plaintiff and the Defendants, makes the following findings of fact and conclusions of law:

         1. This Court has jurisdiction over the subject matter of, and the parties to this action. Venue is proper in this Court.

         Loan No. 48121001

         2. On February 28, 2013, Borrower executed a Retail Installment Sale Contract and Security Agreement (“Contract 1") in favor of CNH in the original principal amount of $37, 801.50, bearing interest at a rate of 10.74% per annum with a maturity date of March 1, 2018. Contract 1 is secured by a purchase money security interest in one Case IH Disk Harrows Model No. 340 (S/N. YCD062486) (the “Contract 1 Collateral”).

         3. CNH perfected its purchase money security interest in the Contract 1 Collateral by UCC-1 Financing Statement, Filing Number 20130973174A filed with the Secretary of State on March 19, 2013.

         4. On February 22, 2016, Borrower agreed to a Payment Schedule Change Agreement whereby the terms of Contract 1 were amended to extend date of the 2016 annual payment from March 1, 2016 to May 1, 2016 and to adjust the amount of the 2016 payment.

         5. Borrower is in default under the terms of Contract 1. As of the date of the entry of this Consent Judgement, Borrower is past due in the amount of $9, 402.01, the amount required to be paid under Contract 1, as modified, on May 1, 2016.

         Loan No. 48121004

         6. On September 24, 2013, Borrower executed a Retail Installment Sale Contract and Security Agreement (“Contract 2") in favor of CNH in the original principal amount of $19, 920.70, bearing interest at a rate of 10.74% per annum with a maturity date of September 24, 2018. Contract 2 is secured by a purchase money security interest in one Amadas Peanut Digger Model Number 830 (S/N 0590) (the “Contract 2 Collateral”).

         7. CNH perfected its purchase money security interest in the Contract 2 Collateral by UCC-1 Financing Statement, Filing Number 20131147779A filed with the Secretary of State on September 25, 2013.

         8. Borrower is in default under the terms of Contract 2. As of the date of the entry of this Consent Judgement, Borrower is past due in the amount of $5, 720.30, the amount requited to be paid under Contract 2 on September 24, 2016.

         Loan No. 48121006

         9. On December 26, 2013, Borrower executed a Retail Installment Sale Contract and Security Agreement (“Contract 3") in favor of CNH in the original principal amount of $213, 696.50, bearing interest at a rate of 6.15% per annum with a maturity date of January 1, 2019. Contract 3 is secured by a purchase money security interest in one Case IH Magnum Tractor Model No. 290 (S/N ZDRD03634) (the “Contract 3 Collateral”).

         10. CNH perfected its purchase money security interest in the Contract 3 Collateral by UCC-1 Financing Statement, Filing Number 20131231727A filed with the Secretary of State on December 31, 2013.

         11. On February 22, 2016, Borrower agreed to a Payment Schedule Change Agreement whereby the terms of Contract 1 were amended to extend date of the 2016 annual payment from January 1, 2016 to May 1, 2016 and to adjust the amount of the 2016 payment.

         12. Borrower is in default under the terms of Contract 3. As of the date of the entry of this Consent Judgement, Borrower is past due in the amount of $41, 500.89, the amount required ...


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