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Home My WebLink About20140072 Ver 1_More Info Received_20140207FOR RRGIsTRgyj0, David Gr nberr REGISTER OF DgEjS I 1Tec en burg C D +�unty NC 203 EC ig 83.18.8 PM $K :28904 PG•893 -.899 EXCISEEE $z$.00 I TRUM "I 1 1 120 00 PNET50j319093r, 1 I� i When recorded mail to McMillan,-Terry & Psaroudis P.A. ROD Box 237 Prepared by: Algernon L. Butler, III Attorney at Law 111 North Fifth Avenue Wilmington, NC 28401 Telephone (910) 762 -1908 Facsimile (910) 762 -9441 Parcel ID No. 19936131 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Excise Tax: $1,120.00 TRUSTEE'S QUIT CLAIM DEED THIS DEED is made this J� th day of December, 2013, by and between Algernon L. Butler, III, Chapter 7 Bankruptcy Trustee for TP, Inc. (herein called the "Grantor "), and Bill Corbin and wife Deborah Corbin as tenants by the entirety (herein called the "Grantee "). The designations Grantor and Grantee as used herein shall include the parties indicated and their respective heirs, successors, legal representatives and assigns, and shall include singular, plural, masculine, feminine or neuter as required by the context. WITNESSETH : WHEREA S, TP, Inc. filed a petition under Chapter 11 of the BankruptcyCode in the United States Bankruptcy Court for the Eastern District of North Carolina on March 1, 2010, Bankruptcy Case No. 10-0 1 594-8-SWH, on April 11, 2011 Algernon L. Butler III was appointed as the Chapter 11 trustee in the case, and on October 4, 2011 the Court entered an order converting the case to a Chapter 7 and Algernon L. Butler, III was appointed as Chapter 7 trustee; and WHEREAS, Grantor was duly appointed and qualified as the Chapter 7 Trustee in that bankruptcy case, and a copy of the order appointing Grantor as Trustee is attached hereto as Exhibit A; and WHEREAS, an order of the United States Bankruptcy Court was entered on November 26, 2013 authorizing Grantor to sell the property described herein to Grantee, a copy of which order is attached hereto as Exhibit B (referred to herein as the "Order") NOW, THEREFORE, by virtue of the Order of the United States Bankruptcy Court authorizing said sale and for other good and valuable consideration, the terms, amounts, and conditions of which are more fully set forth in said Order, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby give, grant, bargain, sell, and convey unto Grantee, and said Grantee's successors and assigns, all of the Grantor's right, title and interest in and to the following described property: Being all of Lot No. 173 of the Subdivision The Sanctuary, Charlotte, Mecklenburg County, North Carolina as shown on Plat Book 43, Page 711 of the Mecklenburg County Registry. THIS CONVEYANCE is free and clear of liens, interests, and other claims, with the exception of the Excluded Claims (defined below), with such liens, interests, and claims to be transferred and to attach to the net sales proceeds with the same nature, validity, priority and extent as each had before such sale. The Property is subject to the following liens, interests, claims, and/or interests (the "Excluded Claims"): any and all owner's association dues and assessments including any confim--fed or proposed special assessments, all ad valorem property taxes and other municipal -2- fees or assessments, and all restrictions, reservations, agreements, easements, rights of way, and restrictive covenants as may appear as a matter of public record or as may be evidenced by possession, use or survey, and any zoning and/or subdivision ordinances and regulations if any, and any transfer fee charged by the property owner association in connection with this sale. The Property shall be sold subject to the Excluded Claims for which the Buyer shall be responsible. TO HAVE AND TO HOLD the same to the Grantee and said Grantee's successors and assigns forever. Grantor makes no warranty, express or implied, as to (i) the title to the property described herein; the (ii) the liens, interests, or other claims in or against the property described herein; or (iii) the nature or extent of the Grantor's interest therein. GRANTOR, only in his respective fiduciary capacity, on behalf of the bankruptcy estate, and without personal or individual liability enters into this Deed. IN WITNESS WHEREOF, Grantor has hereby set his hand and seal as of the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I7 Wee- SEAL) Algernon L. Butler, III, Chapter 7 Bankruptcy Trustee for TP, Inc. I, Brandy L. Freeland, a Notary Public of said State and County ofNorth Carolina, do hereby certify that Algernon L. Butler, III, Trustee personally carne before me this day and acknowledged that he is the Chapter 7 Trustee in Bankruptcy for TP, Inc., and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal, this the day of December, 2013_ &.�� (—I � %, — ,pueg4r+nv Brandy L. reeland, Notary Public OTq�y��y9 My Commission expires: 3 � 2 O -3- �'� z Case 110- 01594 -8 -SWH Doc 328 Filed 10/04/11 Entered 10/04/11 15:00:34 VAN -006 Order Appointing Interim Trustee and Approving Standing Bond - Rev. 08/2912011 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA Room 209, 300 Fayetteville Street P.O. Drawer 1441 Raleigh, NC 27602 -1441 Wilmington Division IMMIM TP, Inc. CASE NO.: 10- 01594 -8 -SWH 220 Sunrise Ridge Vilas, NC 28692 DATE FILED: March 1, 2010 TaxID: 56- 2158037 CHAPTER: 7 Page 1 of 1 ORDER APPOINTING INTERIM TRUSTEE AND APPROVING STANDING BOND IT IS ORDERED AND NOTICE IS HEREBY GIVEN THAT: The following interim trustee is hereby appointed, and the trustee's standing bond is fixed under the blanket bond heretofore approved. Algernon L. Butler, III Butler & Butler, L.L.P. P. O. Box 38 Wilmington, NC 28402 DATED: October 4, 2011 Stephani W. Humrickhouse United States Bankruptcy Judge EXHIBIT Case 10- 0594 -8 -SWH Doc 591 Filed 11/26/13 Entered 11/26/13 16:01:3 SO ORDERED. SIGNED this 26 day of November,2013. X441- "V. Rfiu�SUae.. Stephani W. Hurnrickhouse United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA WILMINGTON DIVISION IN RE: CASE NO.: TP, INC 10- 01594 -8 -SWH DEBTOR(S) CHAPTER 7 CONSENT ORDER ALLOWING PRIVATE SALE OF REAL PROPERTY FREE AND CLEAR OF LIENS AND FOR COMPENSATION OF REALTOR &r PAYMENT OF CLOSING COSTS THIS MATTER comes before the Court upon the Trustee's Motion for Order Authorizing Private Sale of Real Property Free and CIear of Liens and for Compensation of Realtor, Payment of Closing Costs and Disbursement of Sale Proceeds (DE # 567) (the "Motion "), and the objection thereto filed by Georgia Capital, LLC ( "Georgia Capital'). In the Motion the Trustee requested authority to sell at private sale the estate's interest in the following property (the "Property ") to the following Purchaser at the following price and terms: Property: Being all of Lot No. 173 of the Subdivision The Sanctuary, Charlotte, Mecklenburg County, NC as shown on Plat Book 43, Page 711, of the Mecklenburg County Registry. Proposed Sale Price: $559,750.00 provided that the Buyer timely closes on the purchase of the Property and does not otherwise breach the terms of the Contract. However, if the Buyer breaches the contract or fails to timely close, then the purchase price shall be $565,000.00. Purchaser: Bill Corbin and Deborah Corbin, or assigns Terms of Sale: As is, where is, with no warranties as to title, condition or otherwise. Case 10,01594 -8 -SWH Doc 591 Filed 11/26/13 Entered 11/26/13 16:01:36 Page 2 of 3 After proper notice and an opportunity for a hearing, and based on the evidence presented, and with the consent of the Trustee and Georgia Capital, the Court determines that the relief requested is proper and should be granted as set forth herein. NOW, THEREFORE, IT IS ORDERED that the Trustee is authorized to sell at private sale the estate's interest in the Property to the Purchaser upon the price and terms set forth above free and clear of all liens, interests, and other claims, with the exception of the Excluded Claims (defined below), with such liens, interests, and claims to be transferred and to attach to the net sales proceeds with the same nature, validity, priority and extent as each had before such sale. The Property shall be sold subject to the Excluded Claims for which the Buyer shall be responsible: any and all owner's association dues and assessments including any confirmed or proposed special assessments, all ad valorem property taxes and other municipal fees or assessments, all restrictions, reservations, agreements, easements, rights of way, and restrictive covenants as may appear as a matter of public record or as may be evidenced by possession, use or survey, and any zoning and/or subdivision ordinances and regulations if any, and any transfer fee charged by the property owner association in connection with this sale. Provided, however, that the Property shall be sold free and clear of the following which are specifically excepted from the Excluded Claims: any and all claims, obligations, covenants, restrictions and /or conditions pursuant to the Declaration of Covenants, Conditions and Restrictions recorded with the Office of the Mecklenburg County Register of Deeds at Book 17763, Page 774 (a) that the Trustee /seller sign a re -sale certificate and /or agreement with regard to the sale of the Property, or (b) that the Trustee /seller offer to The Sanctuary at Lake Wylie, LLC and/or The Sanctuary at Lake Wylie Property Owner's Association the right of first refusal to purchase the Property at the price and upon the terms upon which it is to be sold to Purchaser. IT IS FURTHER ORDERED, pursuant to 11 U.S.C. §§ 328 and 506(c), that the sales proceeds from the sale of the Property shall be subject to the following reasonable and necessary costs and expenses of preserving and disposing of the Property, which shall be paid at closing and which are referred to herein as the "Closing Costs ": Revenue stamps of approximately $1,120, a realtor's commission of 5% as provided by the Court's order allowing employment of the realtor less a reduction of $2,625 (for a total commission of $25,362.50), and any costs and expenses expended by the Trustee and/or his agents with regard to taxes, utilities and insurance on the Property. IT IS FURTHER ORDERED that Georgia Capital has agreed to withdraw it objection to the Motion based on the Trustee's representation that he will file any objection to the claim of Georgia Capital within 14 days of the date of the entry of this order. This order shall be without prejudice to all claims and defenses of the Trustee and Georgia Capital and this order shall not prevent the Trustee from later amending or supplementing, after such 14 -day period, any objection he files to Georgia Capital's claim. Case 10= 02594 -8 -SWH Doc 591 Filed 11/26113 Entered 11/26/13 16:01.36 Page 3 of 3 IT IS FURTHER ORDERED that this order not stayed pursuant to Bankruptcy Rule 6004 (h) but is immediately effective. IN CONSENT: s /A.lgernoz3 L. Butler, III Algernon L. Butler, III Attorney for the Trustee s/Kristen Decker O -burn Kristen Decker Ogburn Attorney for Georgia Capital, LLC WIMM6111111-114001751— "M Mecklenburg County, NC Polaris Page 1 of 1 Mecklenburg County, North Carolina POLARIS Parcel Ownership and GIS Summary Date and Time: 21512014 5:46:13 PM Parcel ID #: 19936131 GIS ID #: 19936131 FEMA Flood Information Owner Name: TP INC FEMA Panel #: 3710358100K Mailing Address: 220 SUNRISE RIDGE FEMA Flood IN:VIEW FEMA FLOODPLAIN TO VILAS, NC 28692 Zone: VERIFY FEMA Panel 03/02/2009 Property Characteristics natP Legal Desc.: L173 M43 -711 Land Area: 7.726AC Fire District: 24- STEELE CREEK #2 Special District: IFIRE SERVICE A Account Type: INC CORP Municipality: 0- MECKLENBURG COUNTY - UNINCORPORATED Property Use: IVACANT Deed Reference(s) and Sales Price 22516 -286 (7/12/2007) $0.00 21479 -525 (12/11/2006) $0.00 16493 -360 (11/26/2003) $0.00 Situs Addresses Tied to This Parcel 13608 SAGE THRASHER LN Site Location Information Zoning Boundaries: Contact Appropriate Planning Department or See Map. ETJ Area: CHARLOTTE Charlotte Historic Districts: NO Within Charlotte 6/30/2011 Annexation Area: NO Census Tract #: 59.02 Parcel Falls Inside a Water Quality Buffer ?: YES Post Construction District Jurisdiction: Charlotte District: West Catawba Community Flood Information Community IN:VIEW COMMUNITY Flood Zone: IFLOODPLAIN TO VERIFY Watershed Protection Districts Watershed LAKE WYLIE Name: Watershed CA Class: Powered by 'AGYCLEN'80% CoG TM The information provided by this program is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded eeds, plats, tax maps, surveys, and other public records and data. Users of this map data are hereby notified that the aforementioned public rimary information sources should be consulted for verification of the information. Mecklenburg County and its mapping contractors assume no egal responsibility for the information contained herein. http: // polaris. meeklenburgcountync. gov/ website/ redesign/ParcelDetaiIsReport.asp 2/5/2014