Securities and Exchange Commission v. Nadel et al

Filing 1368

Unopposed MOTION for miscellaneous relief, specifically Approval of Private Sale of Six Parcels Of Undeveloped Land Located in Buncombe County, North Carolina Verified by Burton W. Wiand. (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Property Maps, # 3 Exhibit PSA, # 4 Exhibit Bell Opinion, # 5 Exhibit Receiver's Deed)(Perez, Jared)

EXHIBIT 5

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 ________________2018, by and between
Burton W. Wiand, Receiver (hereinafter referred to as the “Grantor”), having a mailing address
of 5505 West Gray Street, Tampa, Florida 33609, and Spanish Oaks Properties LLC (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 ____________, 2018
(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

Burton W. Wiand, Receiver

_________________________________
Printed name

_________________________________
Witness signature

_________________________________
Printed name

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this ____ day of ______, 2018, 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 Private
Sale of Six Parcels 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) and the Orders Reappointing Receiver (Dkts. 140, 316, 493, 935 and

984), and applicable law, it is ORDERED AND ADJUDGED that the Motion is GRANTED.
The sale of the parcels B, C, D, E, F/G and the HOA parcel of Bird Creek Estates located
in Buncombe County, North Carolina, better known as Parcel Numbers: 0637-90-0133-00000;
0637-90-1306-00000; 0637-90-3386-00000; 0637-90-3019-00000; 0636-99-2659-00000 and
0637-90-0585-00000, as more fully described in the Motion and pursuant to the Purchase and Sale
Agreement attached as Exhibit 3 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 Spanish Oaks Properties LLC 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 _____________,
2018.

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

EXHIBIT B TO RECEIVER’S DEED
LEGAL DESCRIPTIONS
Lots B, C, D, E
Lot B, Bird Creek Estates located in Buncombe County, North Carolina / 20 Laurel Cottage Lane
(Parcel Identification Number: 0637-90-0133-00000) – Titled in the name of The Guy-Nadel
Foundation, Inc.; 2.05 acres.
Lot C, Bird Creek Estates located in Buncombe County, North Carolina / 26 Laurel Cottage Lane
(Parcel Identification Number: 0637-90-1306-00000) – Titled in the name of The Guy-Nadel
Foundation, Inc.; 1.43 acres.
Lot D, Bird Creek Estates located in Buncombe County, North Carolina / 30 Laurel Cottage Lane
(Parcel Identification Number: 0637-90-3386-00000) – Titled in the name of The Guy-Nadel
Foundation, Inc.; 1.13 acres
Lot E, Bird Creek Estates located in Buncombe County, North Carolina / 15 Laurel Cottage Lane
(Parcel Identification Number: 0637-90-3019-00000) – Titled in the name of The Guy-Nadel
Foundation, Inc.; 2.06 acres
As shown in the General Warranty Deed recorded in Book 3886 at Page 864-866 transferring title
from Laurel Mountain Preserve, LLC to Guy-Nadel Foundation, Inc.
(continued)

Lot F/G
Lot F/G, Bird Creek Estates located in Buncombe County, North Carolina 9 Laurel Cottage Lane
(Parcel Identification Number: 0636-99-2659-00000) – Titled in the name of Laurel Preserve,
LLC.; 5.18 acres
As shown in the General Warranty Deed recorded in Book 4263 at Page 1441-1443 transferring
title from Laurel Mountain Preserve, LLC to Laurel Preserve, LLC.
Tracts F and G as shown on the plat of Laurel Mountain Preserve prepared by David E. Summey,
P.L.L.C., dated September 10, 2005, and being known as File No. 4157-14 and Map No. F-1018,
which plat is duly recorded in Plat Book 98, at page 10, Buncombe County Registry, reference to
which is hereby made and incorporated herein for a greater certainty of description by metes and
bounds.
SUBJECT TO restrictions, easements and rights-of-way of record.

HOA Lot/Parcel
HOA Lot, the 5.44 acre parcel of Bird Creek Estates located in Buncombe County, North Carolina
/ 94 Laurel Cottage Lane (Parcel Identification Number: 0637-90-0585-00000) – Titled in the name
of Laurel Preserve Homeowners Association, Inc.
As shown in the General Warranty Deed recorded in Book 4253 at Page 1444 transferring title
from Laurel Preserve, LLC to Laurel Preserve Homeowners Association, Inc.
BEING all that 5.436 acre tract as shown on the plat of Laurel Preserve, LLC, dated July 5, 2006,
which has been duly recorded in Plat Book 104, at page 127, Buncombe County Registry, reference
to which is hereby made and incorporated herein by reference, and being the remainder of Lot 1
as shown in Plat Book 90, at page 62, Buncombe County Registry.
SUBJECT TO restrictions, easements and rights of way of record.