PUBLIC NOTICE
SHERIFF’S SALE
CNH INDUSTRIAL CAPITAL AMERICA LLC
VS.
CP FARMS, LLC AND CARLOS D POLOTZOLA
NO. 21-C-3133-A, CIVIL DOCKET, 27TH JUDICIAL DISTRICT COURT
ST. LANDRY PARISH, LOUISIANA
PUBLIC NOTICE IS HEREBY GIVEN THAT BY VIRTUE OF A WRIT OF FIFA OUT OF THE HONORABLE, THE 27TH JUDICIAL DISTRICT COURT OF LOUISIANA, IN THE ABOVE ENTITLED AND NUMBERED CAUSE AND TO ME DIRECTED, I HAVE SEIZED AND TAKEN INTO MY POSSESSION AND WILL OFFER FOR SALE TO THE LAST AND HIGHEST BIDDER, ACCORDING TO LAW, COMMENCING AT THE LEGAL HOUR OF 10:00 A.M. AT THE PRINCIPAL FRONT DOOR OF THE COURTHOUSE AT OPELOUSAS, LOUISIANA ON WEDNESDAY, THE 28TH DAY OF AUGUST, 2024, THE FOLLOWING DESCRIBED PROPERTY, TO WIT:
1. THE FOLLOWING IMMOVABLE PROPERTY SITUATED IN ST. LANDRY PARISH, LOUISIANA OWNED BY JUDGMENT DEBTOR CP FARMS LLC:
A CERTAIN TRACT OR PARCEL OF LAND, TOGETHER WITH ALL BUILDINGS AND IMPROVEMENTS THEREON, CONTAINING 50 ACRES, MORE OR LESS, LOCATED IN SECTION 24, TOWNSHIP 3 SOUTH, RANGE 6 EAST, SITUATED ON BAYOU CURRENT, ST. LANDRY PARISH, LOUISIANA, BEING BOUNDED, NOW OR FORMERLY, AS FOLLOWS: NORTH BY PROPERTY OF JOE SAGNIBENE AND BAYOU CURRENT; SOUTH BY ESTATE OF ADA H. GARDON, OR ASSIGNS; EAST BY E.J. RICHARD, OR ASSIGNS, WHICH IS FORMERLY KNOWN AS THE SCOTT PLACE; AND WEST BY LOUISE GERACE, OR ASSIGNS. LESS AND ACCEPT: ONE ACRE, MORE OR LESS, LOCATED ON THE NORTHWEST PART OF THE 50 ACRE TRACT OF LAND, HEREINABOVE DESCRIBED IN WHICH 1 ACRE IS BOUNDED BY SAGNIBENE OR ASSIGNS, ON THE NORTH AND SOUTH BY LOUISIANA HIGHWAY, ON THE EAST BY SAGNIBENE, OR ASSIGNS, AND ON THE WEST BY THE ESTATE OF JOSEPH ALPHONSE, OR ASSIGNS, AND BEING PROPERTY SOLD BY IRIS C. MCADAMS TO FRANKIE CATTANO BY AN ACT OF SALE DATED JULY 9, 1976 AND RECORDED UNDER ACT NO. 519734, IN CONVEYANCE BOOK H-15, PAGE 562, RECORDS OF ST. LANDRY PARISH, LOUISIANA.
2. THE FOLLOWING INCORPOREAL, MOVABLE PROPERTY OWNED BY
JUDGMENT DEBTOR CARLOS D. POLOTZOLA:
THE USUFRUCTUARY INTEREST IN 100% OF THE MEMBERSHIP OF NHC INVESTMENTS, L.L.C. (“NHC”) HELD BY JUDGMENT DEBTOR CARLOS D. POLOTZOLA AND HIS WIFE (ELIZABETH DEANNA JARRELL POLOTZOLA), PURSUANT TO THAT CERTAIN DONATION INTER VIVOS OF MEMBERSHIP INTEREST DATED JULY 25, 2007 (THE “DONATION”). A COPY OF THE DONATION IS ATTACHED TO THIS LETTER AS EXHIBIT A.
PURSUANT TO LOUISIANA LAW, CNHI, AS A JUDGMENT CREDITOR, MAY SEIZE AND SELL THE USUFRUCTUARY INTEREST IN 100% OF THE MEMBERSHIP INTEREST OF NHC OF THE JUDGMENT DEBTOR AND HIS WIFE. LA. C.C. ART. 620. WATSON V. FEDERAL LAND BANK OF JACKSON, 606 SO.2D 290 (LA. APP. 3D CIR. 1992). THE TERMS OF THE USUFRUCTUARY INTEREST OF JUDGMENT DEBTOR CARLOS D. POLOTZOLA AND HIS WIFE IN 100% OF THE MEMBERSHIP INTERESTS IN NHC ARE SET FORTH IN THE DONATION AND ARE AS FOLLOWS:
RESERVATIONS:
DONORS RESERVE TO THEMSELVES (TO EACH OF THEM) THE LIFETIME USUFRUCT OVER THE ABOVE DESCRIBED PROPERTY ([100%] MEMBERSHIP INTEREST [IN NHC]) UNTIL THE DEATH OF THE LAST OF THEM DIE.
DONOR, CARLOS DEAN POLOTZOLA, FURTHER RESERVES THE RIGHT TO SERVE AS OPERATIONAL MANAGER AND NEVER TO BE REMOVED WITHOUT HIS CONSENT, EXCEPT IN THE EVENT OF HIS INCAPACITY OR DEATH, AND IN WHCH EVENT OR CASE, ELIZABETH DEANNA JARRELL POLOTZOLA SHALL SERVE THEREAFTER IN THE CAPACITY AS MANAGER OF THE LIMITED LIABILITY COMPANY UNTIL HER DEATH OR INCAPACITY.
DURING SUCH TIME AS CARLOS DEAN POLOTZOLA SERVES AS MANAGER OF THE LIMITED LIABILITY COMPANY, HE SHALL BE RESPONSIBLE FOR MAKING ALL OPERATIONAL AND TAX DECISIONS. DURING SUCH TIME ELIZABETH DEANNA JARRELL POLOTZOLA SERVES AS MANAGER OF THE LIMITED LIABILITY COMPANY, SHE SHALL BE RESPONSIBLE FOR MAKING ALL OPERATIONAL AND TAX DECISIONS.
PROPERTY ADDRESS IS BELIEVED TO BE:
HIGHWAY 360, MELVILLE, LA. 71353
(VACANT PROPERTY)
TERMS AND CONDITIONS OF SALE:
CASH WITH BENEFIT OF APPRAISEMENT TO PAY AND SATISFY THE SUM OF ONE HUNDRED FOUR THOUSAND, FOUR HUNDRED TWENTY-ONE AND 81/100 ($104,421.81) DOLLARS, TOGETHER WITH INTEREST DUE ON THE PRINCIPAL UNDER THE JUDGMENT THROUGH APRIL 29, 2022 AT THE AMOUNT OF $7,313.00 WITH INTEREST DUE ON THE PRINCIPAL UNDER THE JUDGMENT FROM AND AFTER APRIL 30, 2022 ($51.50 PER DIEM) AT THE AMOUNT OF $36,668.00 UNTIL PAID AND ATTORNEY FEES IN THE AMOUNT OF $25,000.00, WITH THE JUDICIAL INTEREST ON THE ATTORNEY’S FEES UNDER THE JUDGMENT BEING $2,826.03, TOTALING $176,228.84 AS OF APRIL 11, 2024, AS WELL AS ALL OTHER COSTS OF THIS SUIT.
ANYONE PURCHASING PROPERTY AT SHERIFF’S SALE IS GIVEN UNTIL 2:00 P.M. ON SALE DAY TO PAY THE FULL PURCHASE AMOUNT.
BOBBY J. GUIDROZ, SHERIFF
ST. LANDRY PARISH, LOUISIANA
(PUBLISH: JULY 25 & AUGUST 25, 2024) 2T