U.S. Commodity Futures Trading Commission v. Barki, LLC et al

Filing 91

ORDER granting 71 Motion for Authority to Enter into Exclusive Right to Sell Listing Agreements with Julie R. Breedlove, Realtor/Broker, and Coldwell Banker United Realtors to Market and Sell Real Property. Signed by Senior Judge Graham Mullen on 7/14/2009. (tmg)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, CASE NO. 3:09-CV-106 (GCM) v. BARKI, LLC, a North Carolina limited liability company; BRUCE C. KRAMER, an individual, Defendants, and RHONDA A. KRAMER, an individual, and FOREST GLEN FARM, LLC, a North Carolina limited liability company, Relief Defendants.

ORDER GRANTING RECEIVER'S MOTION FOR AUTHORITY TO ENTER INTO EXCLUSIVE RIGHT TO SELL LISTING AGREEMENTS WITH JULIE R. BREEDLOVE, REALTOR/BROKER, AND COLDWELL BANKER UNITED REALTORS TO MARKET AND SELL REAL PROPERTY This matter was heard upon Receiver's Motion for Authority to Enter Into Exclusive Right to Sell Listing Agreements with Julie R. Breedlove, Realtor/Broker, and Coldwell Banker United Realtors to Market and Sell Real Property filed herein on June 29, 2009 (the "Motion"). The Court finds that it has jurisdiction over this matter. The Court has reviewed the Motion and concludes that the relief requested in the Motion should be granted, there being no objections to the same. It is THEREFORE ORDERED:

That Joseph W. Grier, III, Receiver of Defendants' and Relief Defendants' assets, (the "Receiver") is authorized: (a) to enter into the Listing Agreements on behalf of the Receivership, true copies of which are attached to the Motion, with Julie Breedlove and Coldwell Banker United Realtors; (b) to conditionally accept an offer for the Real Property, more particularly described in the Listing Agreements and the Motion, subject to a ten day notice and objection period to investors and other parties requesting notice in this case and court order approving any offer; (c) to participate in a closing to transfer the Real Property after the entry of a court order allowing acceptance of an offer, including the authority to execute a Limited Warranty Deed(s) in the names of Bruce C. Kramer, Rhonda A. Kramer and/or Forest Glen Farm, LLC; and (d) to deposit proceeds of the sale of the Real Property into the designated Receivership bank account as authorized by the Receivership Order.

Signed: July 14, 2009