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).

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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

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