Securities and Exchange Commission v. Nadel et al

Filing 1300

MOTION for an order approving sale of undeveloped land in Buncombe County, North Carolina by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Order, # 2 Exhibit 2 - Appraisal - March 2015, # 3 Exhibit 3 - Purchase and Sale Agreement, # 4 Exhibit 4 - Receiver's Deed)(Perez, Jared) Modified relief and text on 7/6/2017 (KMM).

EXHIBIT 4

Prepared by:
Wiand Guerra King P.A.
5505 West Gray Street
Tampa, FL 33609
RECEIVER’S DEED
THIS INDENTURE, made as of the ____ day of ________________2017, by and between
Burton W. Wiand, Receiver (hereinafter referred to as the “Grantor”), having a mailing address
of
5505
West
Gray
Street,
Tampa,
Florida
36609,
and
____________________________________________
having
an
address
of
____________________________________________ (hereinafter referred to as the “Grantees”);

WITNESSETH:
That Burton W. Wiand was appointed as Receiver for the Property, as hereinafter
described, pursuant to that certain Order Appointing Receiver in Securities and Exchange
Commission v. Arthur Nadel, et al.; United States District Court, Middle District of Florida, Tampa
Division, Case No. 8:09-cv-87-T-26TBM. The sale having been duly approved by Order of
The United States District Court, Middle District of Florida, entered ____________, 2017
(hereinafter referred to as the “Order” and attached hereto as Exhibit A and incorporated herein by
this reference).
That for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged,
Grantor has granted, bargained, sold, aliened, conveyed and confirmed and does hereby grant,
bargain, sell, alien, convey and confirm unto Grantees all of Grantor’s right, title and interest in
and to all that certain tract or parcel of land lying and being in Buncombe County, North Carolina,
being more particularly described in Exhibit B attached hereto and by this reference made a part
hereof (hereinafter referred to as the "Property").
TO HAVE AND TO HOLD said Property, together with all and singular the rights,
members and appurtenances thereof, to the same being, belonging or in anywise appertaining, to
the only proper use, benefit and behoof of Grantees forever, in as full and ample a manner as the
same was held by Grantor.

IN WITNESS WHEREOF, Grantor has signed and sealed this Receiver’s Deed, the day
and year first above written.
Signed, sealed and delivered in the presence of:
_________________________________
Witness signature

_________________________________
Printed name

____________________________________
Burton W. Wiand, Receiver

_________________________________
Witness signature

_________________________________
Printed name
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this ____ day of ______, 2017, by
Burton W. Wiand, Receiver.

Notary Public
Print
Name:
My Commission
Expires:
Personally Known ________(OR) Produced Identification _______
Type of identification produced

EXHIBIT A TO RECEIVER’S DEED
COURT ORDER

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.,
Defendants.

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

SCOOP REAL ESTATE, L.P.,
VALHALLA INVESTMENT PARTNERS, L.P.,
VALHALLA MANAGEMENT, INC.,
VICTORY IRA FUND, LTD,
VICTORY FUND, LTD,
VIKING IRA FUND, LLC,
VIKING FUND, LLC, AND
VIKING MANAGEMENT, LLC.
Relief Defendants.
/
ORDER
Before the Court is the Receiver’s Unopposed Verified Motion for Approval of Sale of
Undeveloped Land Located in Buncombe County, North Carolina (the “Motion”) (Dkt. ___).
Upon due consideration of the Receiver’s powers as set forth in the Order Appointing Receiver
(Dkt. 8), the Orders Reappointing Receiver (Dkts. 140, 316, 493, 935, and 985), and applicable

law, it is ORDERED AND ADJUDGED that the Motion is GRANTED.
The sale of the vacant Lot #110 of Bird Creek Estates, better known as Parcel Number
0636-99-8907-00000, located in Buncombe County, North Carolina, pursuant to the Purchase and
Sale Agreement attached as Exhibit ____ to the Motion, is hereby approved.
The Court finds that the Receiver has substantially complied with the provisions of 28
U.S.C. § 2001, and the Receiver is hereby directed to transfer free and clear of all claims, liens,
and encumbrances to Christopher G. Metz and Mary Anne Lovely-Metz, husband and wife, by
way of a Receiver’s Deed, pursuant to Purchase and Sale Agreement, title to the real property
located in Buncombe County, North Carolina.
DONE and ORDERED in chambers in Tampa, Florida this ____ day of _____________,
2017.

____________________________________
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record

EXHIBIT B TO RECEIVER’S DEED
LEGAL DESCRIPTION