Securities and Exchange Commission v. Nadel et al

Filing 1332

MOTION for miscellaneous relief, specifically for an Order Directing Receiver to Turnover Rents from Rite Aid Property by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: # 1 Exhibit 1 - Promissory Note, # 2 Exhibit 2 - Deed of Trust & Security Agreement, # 3 Exhibit 3 - Assignment of Rents & Leases, # 4 Exhibit 4 - Proposed Order)(Wirth, Steven)

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Exhibit 4 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.: 8:09-0087-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 Wells Fargo's Motion for Order Directing Receiver to Turn Over Rents From Rite Aid Property (the “Motion”) (Dkt. ___). Upon due consideration of the Motion, applicable law, and the entire file, and the Court otherwise being duly advised in the premises, it is ORDERED AND ADJUDGED that: 1. 42973297;19 The Motion is GRANTED. 2. All Rents collected by the Receiver in connection with the Rite Aid Property1 are the property of Wells Fargo and must be turned over to Bank pursuant to the Loan Documents and North Carolina law. 3. The Receiver shall disburse $1,322,923.20 in Rents to Wells Fargo, within three (3) days of the Court’s Order. DONE and ORDERED in chambers in Tampa, Florida this ____ day of _____________, 2017. _________________________________ RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE 1 All Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Motion. 2 42973297;19

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