Securities and Exchange Commission v. Nadel et al

Filing 1160

NOTICE by Branch Banking & Trust Co. Successor to Colonial Bank NA re 1159 MOTION for Release of Funds Turnover of Sale Proceeds of Filing in Support of DE 1159 (Attachments: # 1 Exhibit Ex. 1 - Declaration of Richard Miller, # 2 Exhibit Ex. 2 - Declaration of David Hendrix, # 3 Exhibit Ex. 3 - Declaration of Elizabeth B. Dombovary)(Garbett, David)

EXHIBIT 3
BB&T’S NOTICE OF FILING IN SUPPORT OF MOTION FOR TURNOVER
OF SALE PROCEEDS OF FAIRVIEW PROPERTY SUBJECT TO MORTGAGE
INTEREST AND SUPPORTING MEMORANDUM OF LAW
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CASE NO.: 8:09-cv-0087-T-26TBM
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
vs.
ARTHUR NADEL, SCOOP CAPITAL,
LLC, SCOOP MANAGEMENT, INC.,
Defendants,
SCOOP REAL ESTATE, L.P.,
VALHALLA INVESTMENT PARTNERS, L.P.,
VALHALLA MANAGEMENT, INC.,
VICTORY FUND, LTD,
VIKING IRA FUND, LLC,
VIKING FUND, LLC, AND
VIKING MANAGEMENT, LLC,
Relief Defendants.
/
DECLARATION OF ELIZABETH B. DOMBOVARY
I, Elizabeth B. Dombovary, declare as follows:
1.

I am a partner with Garbett, Stiphany, Allen & Roza, P.A. (“GSAR”), which

represents Branch Banking and Trust Company (“BB&T”) in connection with this Receivership.
2.

On

December

22,

2014,

utilizing

the

website

of

http://www.internetfrog.com/mywebsite/archive/, I was able to retrieve the historical webpage
information

for

the

website

of

the

Receiver,

Burton

W.

Wiand’s

(“Receiver”)

www.nadelreceivership.com, for the advertising regarding the property located at 131 Garren
Creek Road, Fairview, North Carolina 28730 (“Fairview Property”) as of the following dates:

G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

CASE NO.: 8:09-cv-0087-T-26TBM
(a)
(b)

May 1, 2010, advertising information attached hereto as Exhibit B;

(c)

July 26, 2010, advertising information attached hereto as Exhibit C;

(d)

February 10, 2011, advertising information attached hereto as Exhibit D;

(e)

July 14, 2011, advertising information attached hereto as Exhibit E;

(f)

February 11, 2012, advertising information attached hereto as Exhibit F;

(g)

March 3, 2012, advertising information attached hereto as Exhibit G;

(h)

September 4, 2012, advertising information attached hereto as Exhibit H;

(i)

October 7, 2012, advertising information attached hereto as Exhibit I;

(j)

April 2, 2013, advertising information attached hereto as Exhibit J;

(k)

May 16, 2013, advertising information attached hereto as Exhibit K;

(l)

June 16, 2013, advertising information attached hereto as Exhibit L;

(m)
3.

March 29, 2010, advertising information attached hereto as Exhibit A;

July 18, 2013, advertising information attached hereto as Exhibit M.

In connection with my investigation of the events surrounding BB&T’s attempts

to submit to the Receiver the proof of claim regarding the loan secured by the Fairview Property,
I conducted a search for BB&T’s former employee, Kade Herrick (“Herrick”), the person who
was tasked with submitting the claim.
4.

BB&T provided me with Herrick’s last known phone number. I tried calling the

number on several different days and times and always heard the same message--“the Verizon
caller you are trying to reach is not available at this time.” There was never an opportunity to
leave a message.
5.

I was able to locate and tried additional phone numbers for Herrick, but each

number was either that of a different person or was disconnected.

2
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

CASE NO.: 8:09-cv-0087-T-26TBM
6.

I was able to locate five email addresses in the name of “Kade Herrick”. I sent an

email to each address requesting that the recipient contact me; however, each email was returned
undeliverable.
7.

Despite my attempts, I have been unable to locate Herrick.

I declare under penalty of perjury that the foregoing is true and correct.

Dated this 4 March, 2015.

____/s/ Elizabeth Dombovary

3
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

EXHIBIT A
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT B
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT C
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT D
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT E
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT F
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT G
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT H
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT I
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT J
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT K
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT L
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I

EXHIBIT M
DECLARATION OF ELIZABETH B. DOMBOVARY
Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

Presented by:
Burton W. Wiand, Receiver in the Matter of SEC v. Nadel et al.
Introduction:
Pursuant to the Order Appointing Receiver, the Receiver has the duty and authority to:
“administer and manage the business affairs, funds, assets, choses in action and any other
property of the Defendants and Relief Defendants; marshal and safeguard all of the assets of the
Defendants and Relief Defendants; and take whatever actions are necessary for the protection of
the investors.”
As the Court appointed Receiver, Mr. Wiand has the duty, responsibility, and the ultimate
authority to dispose of the subject property referenced in this material.
The subject property covers approximately 3.62 acres of land located in Fairview, Buncombe
County, North Carolina. The property consists of a farm house that is about 200 years old, a
guest house, a detached double garage and storage/tool shed.
It is the Receiver’s goal and desire to sell the property, and will entertain all reasonable offers or
proposals from qualified entities or individuals.
Location:

Fairview, Buncombe County, North Carolina

Size:

3.62 acres

Dwellings:

Two-story 200 year-old farm house with over 2,500 square foot of living area;
guest house

Other:

Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed

Liabilities:

BB&T loan with a remaining balance of approximately $248,000.00.

of

205)

1'5 \

G A-e.e..~ D

<fjl.,.{g.\I'€.~r

C.e€E.l<'" 'RoAD
j.le 2..87"01:)

"'-L() 1"":'0-

A.e~Pr

1,:5"97

'"'D. '-' f ...:;Ie;

.....,7<~~

-+-....,....,........

IZ.z...

¢

of

205)

u.,pp'Ce.
fA,ol~

Ae:e.A-

QS4f!

~~~ 96--aS O~-·l2··.nSI

JlJAHlrl\ >lMt.l\Pt

UB '~J p,; r;)4.'~\
DR. f.\I!-1' rr, D;>9'1

H?l87 Sq.n·.

05.26 Ar.:..

.

,

r. ~

\

I
\

I