United States of America v. 3726 Rentable Square Feet of Office Space et al

Filing 41

ORDER granting 27 Motion for Disbursement of Funds. Signed by the Honorable R Bryan Harwell on 05/10/2018. (lsut, )

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs .

) CIANO.: 4:17-cv-02034-RBH
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3,726 RENTABLE SQUARE FEET OF
OFFICE SPACE (3 ,240 ANSI BOMA OFFICE
AREA (ABOA USABLE SQUARE FEET OF
SPACE), more or less, and FIVE PARKING
SPACES, situated in the City of Myrtle Beach,
Horry County, South Carolina; Rice REI, LLC,
et al.,

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ORDER

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Defendant.

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Before the Court is Defendant Rice REI, LLC's ' Motion For Release of Deposited Funds
filed January 19, 2018. Dkt. No. 27.
This is an action by the United States for condemnation of a leasehold interest in real
property. Defendant Rice REI, LLC does not dispute that the United States may condemn the
property, and the parties agree on the duration and amounts involved.
During the pendency of this action the United States has made leasehold payments by
deposit into the Registry Bank Account of the United States District Court, District of South
Carolina pursuant to the Order of this Court of August 7, 2017. Dkt. No. 7. It is undisputed that
Defendant South State Bank holds a security interest in the property. Defendant Rice REI, LLC
now seeks an order of this Court authorizing the payment of all funds and accrued interest
deposited to date into the Registry Bank Account directly to the lienholder, Defendant South
State Bank. In response to Defendant Rice REI LLC ' s Motion, the United States asserts that it
does not object to the orderly and prompt distribution of the deposit as the Court determines to

be appropriate.

Dkt. No. 29.

Likewise, Defendant South State Bank consents to the relief

requested in Rice REI, LLC's motion. Dkt. No. 39.
Accordingly, Rice REI, LLC's motion for release of deposited funds is GRANTED and
it is hereby ordered that the Registry Bank Account of the United States Court, District of South
Carolina shall pay and distribute to Defendant South State Bank, located at 2440 Morrell Drive,
Charleston, SC 29406, all funds deposited into said account pursuant to this Court's order of
August 7, 2017, with any accrued interest. Further, any future payments deposited by the United
States into the Registry Bank Account shall immediately be paid over to Defendant South State
Bank.
The Court further orders the following conditions :
1. Defendant Rice REI, LLC shall be liable for any valid claims by other interested
parties if it is ultimately determined that Defendants are entitled to less than the
amount disbursed, and if so, Defendants shall return the difference to the Court with
interest;
2. Defendant Rice REI, LLC shall pay when due and discharge in full all taxes,
assessments, liens, and encumbrances against the property, if any, in existence as of
the date of taking; and
3. The United States shall be held harmless from the claims of any and all parties having
liens or encumbrances and other parties who may be entitled to the distributed funds
or any part thereof by virtue of any recorded or unrecorded agreement.
Upon disbursal of the funds from the Registry Bank Account, the Clerk's Office 1s
directed to dismiss this action.

! ____________,. . _ .

IT SO ORDERED.
Mayl0, 2018
Florence, South Carolina

R. Bryan arwell
United States District Judge

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