The Huntington National Bank v. Najero, Inc. et al
Filing
30
STIPULATED ORDER granting 27 Motion to Appoint Receiver. M. Shapiro Development Company, LLC appointed; case reinstated. Signed by District Judge Robert H. Cleland. (DPer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN (SOUTHERN DIVISION)
The Huntington National Bank,
a national banking association,
successor to Fidelity Bank and Community
Case No. 2:13-cv-11632
Hon. Robert H. Cleland
Mag. Michael Hluchaniuk
Bank of Dearborn,
Plaintiff,
vs
Najero, Inc., a Michigan corporation,
Norian Properties, Inc., a Michigan corporation,
Kara Development, L.L.C., a Michigan limited
liability company, N C I Services, Inc., a
Michigan corporation, Ice Box Sports Center,
L.L.C., a Michigan limited liability company,
Johno P. Norian and Hagop Norian, jointly
and severally,
Defendants.
________________________________________________________________
STIPULATED ORDER GRANTING PLAINTIFF’S MOTION FOR (i)
REINSTATEMENT OF CASE; AND,
(ii) APPOINTMENT OF RECEIVER
Plunkett Cooney
Frank & Frank, P.C.
By: Douglas C. Bernstein (P33833)
By: Jerome D. Frank (P13634)
Patrick C. Lannen (P73031)
Matthew W. Frank (P66028)
Attorneys for Plaintiff
Attorneys for Defendants
38505 Woodward Avenue, Suite 2000 30833 Northwestern Hwy., Suite 205
Bloomfield Hills, MI 48304
Farmington Hills, MI 48334
(248) 901-4000
(248) 932-1440
________________________________________________________________
A.
Plaintiff, The Huntington National Bank (“Huntington”),
successor to Fidelity Bank (“Fidelity”), filed its Complaint (Docket No. 1),
which included a claim for the appointment of a receiver over the Mortgaged
Properties defined below, asserting the breach by Najero, Inc. (“Najero”),
Norian Properties, Inc. (“Norian Properties”) and N C I Services, Inc. (“NCI”)
of their obligations under promissory notes and guaranties executed in favor of
Fidelity, and assigned to Huntington, as more fully described in the Complaint
(collectively, the “Notes” and the “Guaranties,” respectively).
B.
Repayment of the indebtedness of Najero to Huntington is
secured by a Mortgage executed by Najero (the “Najero Mortgage”), dated
as of November 23, 2011, in favor of Fidelity, encumbering real property
situated in Brownstown Township, Michigan, commonly known as 21902
Telegraph Road (the “Najero Property”), which was recorded by the Wayne
County Register of Deeds on December 7, 2011, in Liber 49505, Page 415,
and assigned to Huntington pursuant to an Assignment of Mortgage dated
October 24, 2012, which was recorded by the Wayne County Register of
Deeds on October 26, 2012 in Liber 50238, Page 702.
C.
Repayment of the indebtedness of Norian Properties to Huntington
is secured by a Mortgage executed by Norian Properties (the “Norian Properties
Mortgage”), dated as of November 23, 2011, in favor of Fidelity, encumbering
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real property situated in Brownstown Township, Michigan, commonly known
as 22100 Telegraph Road (the “Norian Property”), which was recorded by the
Wayne County Register of Deeds on December 7, 2011, in Liber 49505, Page
438, and which was assigned to Huntington pursuant to an Assignment of
Mortgage dated October 24, 2012, which was recorded by the Wayne County
Register of Deeds on October 26, 2012 in Liber 50238, Page 1039.
D.
Repayment of the indebtedness of NCI to Huntington is secured
by a Future Advance Mortgage executed by NCI (the “NCI Mortgage”), dated
July 21, 2003, in favor of Community Bank of Dearborn, encumbering real
property situated in Trenton, Michigan, commonly known as 2674 West
Jefferson (the “NCI Property,” and collectively with the Najero Property and the
Norian Property, the “Mortgaged Properties”), which was recorded by the
Wayne County Register of Deeds on July 31, 2003, in Liber 38783, Page 794,
as amended by a Mortgage Modification Agreement dated April 8, 2005, which
was recorded by the Wayne County Register of Deeds on April 29, 2005, in
Liber 42584, Page 538, and the NCI Mortgage as amended was assigned to
Huntington pursuant to an Assignment of Mortgage dated October 17, 2012,
which was recorded by the Wayne County Register of Deeds on October 25,
2012 in Liber 50237, Page 1026.
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E.
The parties to this action entered into a settlement agreement dated
effective as of January __, 2014 (sic) (the “Settlement Agreement”), and a
Stipulated Order for Dismissal without Prejudice was entered on September 6,
2013 (Docket No. 26).
F.
Under Section 8.1 of the Settlement Agreement, upon the failure to
timely deliver the NCI Sale Agreement (as defined in the Settlement
Agreement), Huntington, upon the filing of an affidavit attesting to such failure,
had the ability to have this action reinstated, and to have a receiver appointed for
the NCI Property, with the powers set forth herein.
G.
Under Section 8.2 of the Settlement Agreement, upon the
occurrence of any default, except as set forth in Paragraph F above, Huntington,
upon the filing of an affidavit attesting to such default, had the ability to have
this action reinstated, and to have a receiver appointed for the Najero Property
and the Norian Property, with the powers set forth herein.
H.
Huntington has filed the requisite affidavit, attesting to the default
under the terms of the Settlement Agreement, and the Court has reviewed the
pleadings, is otherwise fully informed in the premises, and believes that good
cause exists for granting the relief sought, consistent with the terms of the
Settlement Agreement.
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For the reasons set forth above, the appointment of a receiver over the
NCI Property, the Najero Property and the Norian Property and other assets
used or usable in connection therewith (the “Assets”) is appropriate, and
consistent with the rights afforded to Huntington in the loan documents and the
Settlement Agreement described above.
IT IS ORDERED:
1.
Reinstatement of Action. This action is reinstated.
2.
Appointment of Receiver. M. Shapiro Development Company
LLC, by its authorized representative, Mark Kassab, with an address of 31550
Northwestern Highway, Suite 200, Farmington Hills, Michigan 48334 (the
“Receiver”), is appointed as receiver for the NCI Property, the Najero Property,
the Norian Property, the Assets, and all payments, leases, rents, books and
records, deposits, bank accounts and other personal property, tangible or
intangible, that is used or usable or related thereto (collectively, the
“Receivership Property”).
3.
Possession and Control of Receivership Property. The
Receiver is authorized to immediately take possession and control of the
Receivership Property, and to manage, recommend and consummate the sale of
same (subject to the approval of the Court), as he deems appropriate, and to
otherwise exercise the powers and duties set forth in this Order. The Receiver is
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authorized to remove any principal, member, general partner, limited partner,
manager, officer, employee, representative or agent of Najero, NCI and Norian
Properties from control and/or management of the affairs of the Receivership
Property.
4.
Actions in Furtherance of Possession and Control. The
Receiver is authorized to take any reasonable actions which he shall deem
necessary or appropriate to take possession of, to exercise full control over, to
prevent waste and to otherwise preserve, manage, maintain, secure and
safeguard the Receivership Property.
5.
Surrender of Receivership Property. Najero, NCI and Norian
and their managers, members, shareholders, officers, employees and agents are
directed to surrender all of the following relating to the Receivership Property to
the Receiver, to the extent that they are in their possession, custody and control:
a.
All keys and access codes necessary for the Receiver to
obtain possession of and to manage the Receivership
Property, as provided in this Order.
b.
All documents and records useful in maintenance relating to
the Najero Property, the NCI Property and the Norian
Property, including but not limited to, as applicable,
building permits, plumbing and HVAC drawings, soil
borings reports, surveys, environmental reports,
architectural or design diagrams and building specifications.
c.
All work in process, materials, supplies, “punch lists” and
other pending work orders with respect to construction at
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the Najero Property, the NCI Property and the Norian
Property, if any.
d.
All construction contracts and subcontracts for construction
on the Najero Property, the NCI Property and the Norian
Property, if any.
e.
All bids for contractor work, if any.
f.
All agreements with brokers or other commission
agreements pertaining to sales or leases of the Receivership
Property, or any portion thereof.
g.
All leases and other executory contracts, including all
amendments, pertaining to the Receivership Property, or
any portion thereof.
h.
All documents, books, records, computer files and records
concerning the finances, rents, operation and management
of the Receivership Property.
i.
A list of all accounts receivable and accounts payable, and
all details regarding same.
j.
All documents identifying pending litigation.
k.
All utility agreements.
l.
Such other records pertaining to the Receivership Property
as may be reasonably requested by the Receiver.
m.
All cash and deposits owned by or in the possession of NCI
or its managers, members, shareholders, officers, employees
and agents, pertaining to the Najero Property, the NCI
Property and the Norian Property.
n.
All documentation pertaining to contracts entered into by
Najero, NCI and Norian Properties relating to their business
operations and to the Najero Property, the NCI Property and
the Norian Property.
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Notwithstanding any term of this Order to the contrary, the Receiver will
permit the Defendants a reasonable opportunity to vacate the Najero Property,
the NCI Property and the Norian Property after the entry of this Order.
6.
Powers and Duties of Receiver. The Receiver shall be vested
with and shall discharge the following authority, powers and duties:
a.
The maintenance, securing, management, operation, leasing
(upon terms acceptable to Huntington) and preservation of
the Receivership Property.
b.
The assumption of control over the Receivership Property,
including all deposits, security deposits, and other cash
collateral relating thereto.
c.
The maintenance of one or more separate accounts, in the
Receiver’s own name, as Receiver for the Najero Property,
the NCI Property and the Norian Property, and all of the
Assets, from which the Receiver shall disburse all
authorized payments, as provided in this Order.
d.
The preparation and maintenance of books, records and
financial reports of the Receivership Property, including but
not limited to operating and income statements, balance
sheets, and all other statements prepared for the
Receivership Property, and provide copies of them to the
parties to this action, through their counsel.
e.
The purchase of such insurance as the Receiver deems
appropriate for the preservation and protection of the
Receivership Property, naming the Receiver and
Huntington as additional insureds, or as necessary to protect
their interests.
f.
The receipt and endorsement of checks pertaining to the
Receivership Property, either in the name of the Receiver or
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in the name of Najero, NCI or Norian Properties, as
applicable.
g.
The payment of all real estate and personal property taxes,
and any other taxes or assessments against the Receivership
Property, during the period of the receivership.
h.
Taking such action, including the filing of one or more
lawsuits as the Receiver shall deem necessary and
appropriate, in its discretion, for the collection of any
outstanding accounts receivable or other monies owed to
Najero, NCI or Norian Properties, as applicable.
i.
The investigation of any fraudulent or otherwise improper
transfers or conveyances of the assets of Najero, NCI and
Norian Properties, as the Receiver shall deem necessary and
appropriate, and, if necessary, the prosecution of any action
to set such transaction(s) aside.
j.
Prevent the withdrawal or misapplication of funds.
k.
Issue such subpoenas as deemed necessary to allow the
Receiver to fulfill the duties set forth in this Order.
Notwithstanding anything to the contrary contained in this Order, the Receiver
shall not have the authority to file a petition for relief under the Bankruptcy
Code for NCI.
7.
Access to Books and Records. The Receiver shall permit
Huntington and its agents and counsel and all Defendants, their agents, and
counsel, access to the Receivership Property at all reasonable times, to inspect
the Receivership Property and the books and records of Najero, NCI and Norian
Properties.
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8.
Employment of Third Parties. The Receiver is authorized, but
not required to, all without recourse against the Receiver, to employ such
attorneys, accountants, appraisers, agents and others, as the Receiver may from
time to time deem appropriate. This authorization to employ such attorneys,
accountants, appraisers, agents, and other professionals, as the Receiver deems
appropriate, includes, but is not limited to, the right, with notice given to counsel
for the Defendants, to employ and engage a property manager for the NCI
Property, the Najero Property, and the Norian Property and the Assets.
9.
Borrowing of Funds. Subject to the consent of Defendants or
approval of the Court, without affecting the rights of the parties relating to the
underlying Notes and Guaranties, the Receiver is authorized, but not required, to
borrow funds from Huntington for approved purposes, if necessary, upon terms
and conditions agreeable to Huntington and the Receiver. Upon receipt of the
approval of the Court, the Receiver shall be authorized to execute all promissory
notes, loan agreements, receiver’s certificates, and amendments thereto, as shall
be necessary to accomplish same.
10.
Exercise of Powers Available Under Applicable Law. Without
limiting or expanding the foregoing, the Receiver is authorized to exercise all
powers generally available under federal law or the laws of the State of
Michigan, which may be incidental to the powers described in this Order, and to
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act on behalf of and in the name of Najero, NCI and Norian Properties, as the
Receiver shall deem appropriate.
11.
Further Instructions. The Receiver shall have the right to apply
to the Court for further instructions and authorization during the pendency of
this action.
12.
Protective Advances. Subject to the order of the Court, all
reasonable advances to the Receiver made by Huntington for the benefit of the
Receivership Property, together with any other reasonable costs and expenses
incurred by the Receiver pursuant to this Order, shall be deemed to be protective
advances pursuant to the Notes, and shall be secured by the Najero Mortgage,
Norian Properties Mortgage, and NCI Mortgage, each as applicable, and each
such advance shall have priority over all claims and liens of all others claiming
an interest in any of the Receivership Property.
13.
No Transfer of Title. Nothing contained in this Order shall be
construed to transfer title to any of the Receivership Property to the Receiver.
14.
Sales of the Najero Property, the NCI Property and the Norian
Property. The Receiver is authorized to, on behalf and in the name of Najero,
NCI or Norian Properties, as applicable, expeditiously and diligently sell the
Najero Property, the NCI Property, the Norian Property and the Assets, with the
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approval of the Court, consistent with the provisions of 28 U.S.C. §2001(a),
under the following conditions:
a.
b.
15.
Each sale shall be for cash, unless otherwise authorized by
the Court, for an amount subject to the approval of the
Court.
Each sale approved by the Court shall be free and clear of
all mortgage interests, security interests and other liens, as
applicable, which may be transferred to the net proceeds of
sales. No person or entity shall have any redemption rights
with respect to any sale effectuated by the Receiver, and the
sale shall be final upon entry of an Order of the Court
confirming same.
Execution of Sale Related Documents. In connection with the
sales of any of the Receivership Property approved by the Court, the Receiver is
authorized, in the name of Najero, NCI, or Norian Properties, as applicable, to:
a.
Execute deeds of conveyance and bills of sale.
b.
Attend and consummate closings at the offices of any title
company acceptable to the Receiver and Huntington (the
“Title Company”).
c.
Approve, with Huntington, closing statements with respect
to the sales of the Najero Property, the NCI Property and the
Norian Property, including all costs of closing, sales
commissions, and other adjustments to the purchase price.
d.
Obtain all mortgage and construction lien waivers, quit
claim deeds, and such other documents as are reasonably
requested by the Title Company or the Receiver to
effectuate the sales of the Najero Property, the NCI Property
and the Norian Property, and to allow the issuance of the
appropriate owner’s policy of title insurance to the
purchaser.
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16.
Disbursement of Net Sale Proceeds. The “net proceeds of sale”
shall be deemed to be the gross sale price of the Assets and the Najero Property,
the NCI Property and the Norian Property, jointly or severally, less closing
costs, sales commissions, and other adjustments approved by the Court.
Disbursement of the net proceeds of sale shall be approved by the Court.
17.
Lien Priorities. The rights and priorities of Huntington and any
other parties with respect to the Receivership Property shall be determined in
accordance with applicable federal or Michigan law, without regard to the
provisions of this Order.
18.
No Waiver of Claims and Defenses. Nothing contained in this
Order shall enlarge or restrict the claims and defenses of Huntington or other
parties claiming an interest, with respect to the Receivership Property.
19.
Compensation of Receiver and Agents. The Receiver and all
persons employed by him, whose services are utilized by the Receiver shall be
compensated at their normal rates, with invoices to be issued and copies
furnished to the parties to this action, through their respective counsel, on a
monthly basis. The Receiver’s general office administration, accounting and
overhead shall not be charged against the income generated by the Receivership
Property. The Receiver and his counsel may receive payment on a monthly
basis, without further Court order, provided no objections are filed with the
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Receiver or his counsel, as the case may be, within seven (7) days after such
invoices are mailed to the parties to this action, through their respective counsel.
In the event any objections are timely filed, the Receiver or any other party may
file a motion with the Court to determine the propriety of the fees sought or of
the objection(s). The Receiver shall be reimbursed for any reasonable out of
pocket expenses incurred during the period of the receivership concerning the
obligations and duties set forth in this Order. The compensation paid to Receiver
and his professionals shall be paid first from the income generated from the
Receivership Property and, next, by Huntington, but only to the extent that the
income from the Receivership Property is insufficient to pay the Receiver and
his professionals’ compensation.
20.
Receiver’s Reports. The Receiver shall furnish to the Court and
to all parties, through their respective counsel, monthly reports and statements
accounting for all receipts and disbursements. The reports served upon counsel
shall be submitted to the Court for its review in camera, and shall not be filed
with the Clerk of the Court.
21.
Receiver’s Bond. The Receiver shall post a surety bond in an
amount of not less than $10,000.00. The cost of the bond shall be an expense of
the receivership, for which the Receiver shall be reimbursed in accordance with
the terms of this Order.
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22.
Lawsuits against Receiver. No person or entity shall file suit
against the Receiver, or take other action against the Receiver, without an Order
of the Court permitting the suit or action.
23.
Pre-Receivership Liabilities. Neither Huntington, the Receiver,
nor the Receiver’s agents shall be liable for any claim, obligation, liability,
action, cause of action, cost or expense of Najero, NCI, or Norian Properties,
their business operations, or the Receivership Property arising out of or relating
to events or circumstances occurring prior to the entry of this Order, including
without limitation, any contingent or unliquidated obligations and any liability
from the performance of services rendered by third parties on behalf of any of
Najero, NCI or Norian Properties, and any liability to which any of them are
currently or may ultimately be exposed under any applicable laws pertaining to
the ownership, use or operation of the Receivership Property and operation of
their businesses (collectively all of the foregoing is referred to as “PreReceivership Liabilities”). Huntington, the Receiver, and the Receiver’s agents
shall not be obligated to advance any funds to pay any Pre-Receivership
Liabilities. Notwithstanding the foregoing, with the prior written consent of
Huntington (but not otherwise), the Receiver may fund Pre-Receivership
Liabilities from funds collected from the operation of the Receivership Property.
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24.
Stay of Actions. Except by leave of this Court and except with
respect to the right of Huntington to foreclose the Najero Mortgage, the NCI
Mortgage, and/or the Norian Properties Mortgage, or to otherwise take any
enforcement action against the Receivership Property and the Assets during the
pendency of the receivership, Najero, NCI, Norian Properties, and all persons,
creditors and entities are stayed from instituting any action to establish or
enforce any claim, right or interest for, against, on behalf of, in, or in the name
of any of Najero, NCI, Norian Properties, the Receiver, the Receivership
Property, the Assets, or the Receiver’s duly authorized agents acting in their
capacities as such, including but not limited to, the following actions:
a.
Commencing, prosecuting, litigating or enforcing suit,
except that the actions may be filed to toll any applicable
statute of limitations;
b.
Accelerating the due date of any obligation or claimed
obligation, enforcing any lien upon, or taking or
attempting to take possession of, or retaining possession
of, property of Najero, NCI or Norian Properties that
relates in any way to the Receivership Property, or
attempting to foreclose, forfeit, alter or terminate the
interests of Najero, NCI or Norian Properties in the
Receivership Property, whether such acts are part of a
judicial proceeding or otherwise;
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c.
Using self-help or executing or issuing, or causing the
execution or issuance of any court attachment, subpoena,
replevin, execution or other process for the purpose of
impounding or taking possession of or interfering with,
or creating or enforcing a lien upon the Receivership
Property; and
d.
Doing any act or thing to interfere with the Receiver
taking control, possession or management of the
Receivership Property, or to in any way interfere with the
Receiver or the duties of the Receiver or his agents; or to
interfere with the exclusive jurisdiction of this Court over
the Receivership Property.
This paragraph does not stay the commencement or continuation of an action or
proceeding by a governmental unit to enforce such governmental unit’s police
or regulatory power.
25.
No Personal Liability of Receiver. The Receiver and his
employees, agents and attorneys shall have no personal liability in connection
with any obligations, liens or amounts owed to Najero, NCI or Norian
Properties resulting from the performance of their duties pursuant to this Order,
it being understood that the rights of each such creditor shall be determined in
accordance with applicable law.
26.
Breaches by Receiver. The Receiver and his employees, agents
and attorneys shall have no personal liability, and they shall have no claim
asserted against them relating to the Receiver’s duties under this Order, except
for those arising from intentional tortious acts, breaches of fiduciary duties, acts
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committed in bad faith, gross negligence, gross or willful misconduct, malicious
acts, or the failure to comply with this Order or any other Order of the Court.
27.
Interference with Receiver’s Duties. The parties to this action,
those in active participation or concert with them who receive notice of this
Order, and those having claims against the Receivership Property who receive
notice of this Order, are enjoined from interfering with the Receiver’s actions in
furtherance of performing the duties and carrying out the responsibilities set
forth in this Order.
28.
Receiver as Fiduciary. The Receiver shall faithfully discharge all
of the duties outlined in this Order, and shall obey all other Orders of the Court.
The Receiver shall be deemed a fiduciary for the benefit of all persons having or
claiming an interest in the Receivership Property, and shall exercise his office
accordingly.
29.
Commercial Reasonableness. The Receiver’s actions at all times
shall be commercially reasonable, and the Receiver is subject to the personal
jurisdiction of the Court.
30.
Acceptance of Appointment as Receiver. The Receiver’s duties
to act in accordance with this Order is subject to written acceptance. Upon
acceptance, the Receiver shall be bound by the terms of this Order, and all
obligations imposed hereby.
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31.
Duration of Receivership. This receivership shall continue until
the earlier of: (i) the sale of all Receivership Property; or, (ii) the further Order
of the Court.
32.
Discharge of Bond. The termination of the receivership will not
discharge the Receiver or the Receiver’s bond.
33.
Resignation of Receiver. In the discretion of the Receiver, the
Receiver may notify the Court and the parties that the receivership is no longer
practical. Upon such event, the Receiver’s duties shall terminate thirty (30)
days after filing the notice with the Court, followed by an Order of the Court
terminating the receivership.
34.
Removal of Receiver. The Receiver may be removed either: (i)
thirty (30) days after filing of a written demand for removal signed by
Huntington’s counsel, and filed with the Court; or, (ii) in the Court’s equitable
discretion, upon a motion for cause. If the Receiver is removed, a successor
receiver can be appointed by a stipulated order on behalf of the parties to this
action. If the parties to this action are unable to agree on a successor receiver,
the Court shall appoint a successor receiver, after a motion is filed by any party
to this action requesting the appointment of same.
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35.
Final Accounting. Within thirty (30) days after the termination of
the receivership for any reason, the Receiver shall submit a final accounting for
approval by the Court, with copies to be furnished to the parties to this action.
36.
Court Approval of Final Accounting. Upon the Court’s
approval of the Receiver’s final accounting, the Receiver shall be discharged,
and his bond canceled.
37.
Tax Returns. The Receiver and his professionals shall not be
responsible or required to, and shall not, prepare or file tax returns in connection
with the Receivership Property, Najero, NCI or Norian Properties or otherwise
wind down the business affairs of the Receivership Property or of Najero, NCI
or Norian Properties.
38.
Lien Enforcement and Foreclosure Rights. Nothing in this
Order shall be construed to affect the rights of parties who have been granted
mortgages or other liens upon property owned by Najero, NCI or Norian
Properties, including the right to commence or continue foreclosure
proceedings, either judicially or by advertisement. No further order of the Court
is necessary for a mortgagee or lien claimant to commence a foreclosure, either
judicially or by advertisement.
39.
Amendment of Order. This Order may be amended for cause,
either upon the stipulation of the Receiver and the parties, or for cause, after a
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motion and hearing. No amendment to this Order shall affect the rights of
persons or entities who are able to demonstrate that they relied upon the preexisting terms of this Order to their detriment.
40.
No Prejudice. This Order shall not prejudice the rights of any
party to any claim, right or defense which they may have to Huntington’s claims
set forth in the complaint.
41.
Environmental Compliance. The Court finds that, Huntington,
in seeking the appointment of the Receiver, is engaged in a “workout activity,”
as that term is defined in M.C.L. §324.20101a(3), and its actions in seeking the
appointment of a Receiver are intended to protect the value and marketability of
the Najero Property, the NCI Property and the Norian Property, which are its
collateral for repayment of the indebtedness described above. The Court further
finds that Huntington’s actions in seeking the appointment of the Receiver, do
not constitute participation in management, as that term is defined in 42 U.S.C.
§9601(a)(20).
42.
Utilities. Any provider of any utility service to the Najero
Property, the NCI Property or the Norian Property is hereby stayed from
stopping any such service, including, but not limited to gas, electricity, water,
heat, cable television and internet. Any and all such utility service provider is
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hereby ordered to provide said utility service in the name of the Receiver.
IT IS SO ORDERED.
s/ Robert H. Cleland
United States District Court Judge
Dated: June 19, 2014
ACCEPTANCE OF RECEIVERSHIP
The duties of the Receiver, as set forth in the foregoing Order, are
accepted and agreed to.
M. Shapiro Development Company
LLC, a Michigan limited liability
company
By: __________________________
Printed name: __________________
Its: __________________________
Dated: ___________________, 2014
Approved as to form:
Plunkett Cooney
/s/ Patrick C. Lannen
By: Douglas C. Bernstein (P33833)
Patrick Lannen (P73031)
Attorneys for Huntington
Frank & Frank, P.C.
/s/ Jerome D. Frank
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By: Jerome D. Frank (P13634)
Matthew W. Frank (P66028)
Attorneys for Defendants
Drafted by and when recorded, return to:
Douglas C. Bernstein (P33833)
Plunkett Cooney
38505 Woodward Avenue, Suite 2000
Bloomfield Hills, MI 48304
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EXHIBIT 1
LEGAL DESCRIPTION
The Najero Property
Land in the Township of Brownstown, Wayne County,
Michigan, described as:
The North 165 feet of the South 365 feet of the Southeast ¼
of the Northeast ¼ of Section 17, Town 4 South, Range 10
East, except the East 102 feet thereof, Brownstown
Township, Wayne County, Michigan. Also, the South 190
feet of the East ½ of the South ½ of the Northeast ¼,
Section 17, Town 4 South, Range 10 East, except the East
377.0 feet thereof, also the North 10 feet of the South 200
feet of the East ½ of the South ½ of the Northeast ¼ of
Section 17, Town 4 South, Range 10 East, except the East
102.0 feet thereof deeded for road purposes, all in
Brownstown Township, Wayne County, Michigan.
Parcel I.D. No. 70-047-99-0008-702
Commonly known as 21902 Telegraph Road
The NCI Property
Land in the City of Trenton, Wayne County, Michigan,
described as:
Lots 342, 343 and 344 of “ASSESSOR’S TRENTON
PLAT NO. 3,” according to the plat thereof as recorded in
Liber 66 of Plats, Page 49, Wayne County Records.
Parcel I.D. No. 54-014-03-0342-000
Commonly known as 2674 West Jefferson
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The Norian Property
Land in the Township of Brownstown, Wayne County,
Michigan, described as:
The South 274.30 feet of the North 482.30 feet of the West
314 feet of the East 416 feet of the Southeast ¼ of Section
17, Town 4 South, Range 10 East, Brownstown Township,
Wayne County, Michigan.
Parcel I.D. No. 70-050-99-0011-000
Commonly known as 22100 Telegraph Road
Open.22387.30754.14200986-1
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