General Electric Capital Corporation et al v. Ten Forward Dining, Inc. et al

Filing 210

ORDER ON STIPULATION TO ALLOW REFINANCE AND PAYOFF OF GE LOAN signed by Judge John A. Mendez on 1/30/14. (Kaminski, H)

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WHEN RECORDED RETURN TO:

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Saied Kashani, SBN 144805
800 West 1st Street Suite 400
Los Angeles, California 90012
tel. [phone]
[e-mail]

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Attorney for Kobra Restaurant
Properties LLC

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APN 107-210-052 SHASTA COUNTY

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APN 035-310-010 NEVADA COUNTY
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

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GENERAL ELECTRIC CAPITAL
CORPORATION; CEF FUNDING II,
L.L.C. and CEF FUNDING V, LLC,

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Plaintiffs,

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v.

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TEN FORWARD DINING, INC.;
DELIGHTFUL DINING, INC.; TGIA
RESTAURANTS, INC.; KOBRA
RESTAURANT PROPERTIES, L.L.C.;
et al,

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Case No.
EC

2:09-cv-03296 JAM

Assigned to Judge:
Hon. John A. Mendez, Ctrm 6
Assigned to Magistrate:
Hon. Allison Claire, Ctrm 26
ORDER ON STIPULATION TO ALLOW
REFINANCE AND PAYOFF OF GE LOAN

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Defendants.
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ORDER

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ORDER

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This Court orders as follows:

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1.

Notwithstanding any provision of the "ORDER ON

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PLAINTIFF'S MOTION FOR APPOINTMENT OF A POST-JUDGMENT RECEIVER

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TO MANAGE, MAINTAIN AND SELL", Kobra Restaurant Properties is

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permitted to sign and execute appropriate applications, escrow

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instructions and other documents for the purpose of obtaining

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refinance loans so long as said refinance loans include full

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payoff of the existing loans in favor of General Electric

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Capital Corp. or its predecessors or successors on the

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properties in Redding and Grass Valley, California, said loans

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referred to as Loan No. 000428133 f/k/a 11726 and 000428148

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f/k/a 11794.

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2.

Upon full payoff of Loan No. 000428133 f/k/a 11726 and

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000428148 f/k/a 11794, "Collateral" as utilized in ORDER ON

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PLAINTIFF'S MOTION FOR APPOINTMENT OF A POST-JUDGMENT RECEIVER

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TO MANAGE, MAINTAIN AND SELL shall be deemed amended to delete

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and remove the following items in their entirety:

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ORDER

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and

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///
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///
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3.

Upon full payoff of Loan No. 000428133 f/k/a 11726 and

000428148 f/k/a 11794 in accordance with the lenders' payoff
demands, the "ORDER ON PLAINTIFF'S MOTION FOR APPOINTMENT OF A
POST-JUDGMENT RECEIVER TO MANAGE, MAINTAIN AND SELL" shall be
deemed to be and is expunged from the County Record for both
properties described above.
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Upon full payoff of Loan No. 000428133 f/k/a 11726 and

000428148 f/k/a 11794, this Order may be recorded in the
Official Records of Shasta County and Nevada County to register
(a) removal of both properties described above from the
"Collateral" of the "ORDER ON PLAINTIFF'S MOTION FOR APPOINTMENT
OF A POST-JUDGMENT RECEIVER TO MANAGE, MAINTAIN AND SELL" and
(b) to register expungement of the "ORDER ON PLAINTIFF'S MOTION
FOR APPOINTMENT OF A POST-JUDGMENT RECEIVER TO MANAGE, MAINTAIN
AND SELL" from the record of both properties.

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DATED: 1/30/2014

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Submitted by:
___Saied Kashani___ Jan. 30, 2014
Saied Kashani
Attorney for KRP

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/s/ John A. Mendez________________
UNITED STATES DISTRICT COURT JUDGE

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