Securities and Exchange Commission v. Nadel et al

Filing 823

MOTION for miscellaneous relief, specifically To Approve The Sale Of Real Property Receivers Verified Renewed Motion To Approve The Sale Of Real Property Located In Graham, Alamance County, North Carolina by Burton W. Wiand. (Attachments: #1 Exhibit 1 Proposed Order, #2 Exhibit 2 Agreement of Sale and Purchase, #3 Exhibit 3 CBRE Appraisal, #4 Exhibit 4 Grubb & Ellis Appraisal, #5 Exhibit 5 Fortenberry Appraisal, #6 Exhibit 6 Publication - Notice of Sale, #7 Exhibit 7 SEC v Mutual Benefits, #8 Exhibit 8 Email July 22, 2009)(Cohen, Jonathan)

EXHIBIT 1 

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.,
CASE NO.: 8:09-cv-0087-T-26TBM

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.

/
ORDER

Before the Court is the Receiver’s Verified Renewed Motion to Approve the Sale of Real

Property Located in Graham, Alamance 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 and 493), it is ORDERED AND
ADJUDGED that the Motion is GRANTED.
The sale of the real property located in Alamance County, North Carolina pursuant to the
Purchase and Sale Agreement attached as Exhibit 2 to the Renewed Motion is hereby approved.
Any and all existing claims, liens, and encumbrances relating to the property located in
Alamance County, North Carolina (the “Property”), including any held by Wells Fargo Bank,
N.A. as successor to Wachovia Bank, N.A., arising from a loan provided to Scoop Real Estate,
L.P., shall be transferred to the proceeds of the sale ordered herein, and the Property shall
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become free and clear of any and all such existing claims, liens, and encumbrances. The
Receiver is hereby directed to transfer free and clear of all claims, liens, and encumbrances to
Trinet West, LLC, or assigns, by way of Receiver’s Deed, pursuant to the Purchase and Sale
Agreement attached as Exhibit 2 to the Renewed Motion, title to the Property, which bears the
following legal description:
LYING AND BEING in Graham Township, Alamance County, North Carolina, and more
particularly described as follows:
BEGINNING at an existing iron pin (site bench mark with NC Grid coordinates
of N: 839,090,546 feet, E: 1,881,775.383 feet, NAVD 88, elev: 593.21 feet,
value published by National Geodetic Survey “OPUS” Solution on 09/11/03) on
the western margin of the public right-of-way of NC Highway 87 (South Main
Street) and in the northeastern corner of the land conveyed to Crescent Center
Associates by instrument recorded in Deed Book 503, Page 66, Alamance County
Public Registry, and running thence with the northern boundary of the Crescent
Center Associates land (nor or formerly) S. 84-34-58 W. 242.92 feet to an
existing iron pin in the southeastern corner of the land conveyed to ECMM
Associates by instrument recorded in Deed Book 789, Page 658, Alamance
County Public Registry; thence with the southern boundary of the ECMM
Associates land (nor or formerly) N. 61-06-52 W. 18.19 feet to an iron rebar set;
thence two new lines within the ECMM Associates land (nor or formerly) as
follows: (1) N. 05-35-11 W. 189.62 feet to an iron rebar set; and (2) N. 84-34-01
E. 15.00 feet to an existing iron pin in the southern margin of the public right-ofway of Crescent Square Drive; thence with the southern margin of the public
right-of-way of Crescent Square Drive N. 84-34-01 E. 231.52 feet to an iron rebar
set in the western margin of the right-of-way of NC Highway 87 (South Main
Street); and thence with the western margin of the right-of-way of NC Highway
87 (South Main Street) three (3) courses and distances as follows: (1) S. 04-50-25
E. 15.86 feet to a nail; (2) S. 49-50-25 E. 19.80 feet to a nail; and (3) S. 04-50-25
E. 169.95 feet to the point and place of BEGINNING, containing 1.18 acres, more
or less, all as shown on survey prepared by Clinton B. Osborne, North Carolina
Professional Land Surveyor L-3834, of Allied Associates, P.A., Job No.
PA030608, Map No. GSDalta.dwg., and dated October 31, 2003, reference to said
survey being made in aid of description.
Together with:
Easement rights in favor of the property, as set forth in Cross Access Easement
Agreement recorded in Book 2108, Page 530, of the Alamance County Registry.

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DONE and ORDERED in chambers in Tampa, Florida this ____ day of ___________,
2012.

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

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