HomeMy WebLinkAboutTrustee's Deed - Miscellaneous - 180 HIGH STREET 10/23/2017 5,-y
11 SSACHUSEl'I'S STATE EXCISE TAX
0
This space reserved for Recorders use only
TRUSTEE'S DEED
WHEREAS, CHRISTOPHER BURKE K ARNEY a s CHRISTOPHER .
` K ARN Y aka CHRIS K ARN Y and LAUREL ALEXANDRA KEARN Y a k a
A R N A. KEARNEY(together, the Debtors on August 8, 2016 filed a Voluntary Petition
for Relief under Chapter 7 of the United States Bankruptcy Code In Case Number 6-4 39 -CJP
in the United States Bankruptcy Court for the District of Massachusetts, Central Division-
U
WHEREAS, on August 9,2016, the undersigned was duly appointed as the Trustee i
Bankruptcy flae"`Trustee"'or the"Grantor") of the Debtors' bankruptcy estate aid ualxfied as
such and is serving as such; and
WHEREAS, urs ►nt to the Trustees Motion for Entry of an Order Authorizing and
Approving Frigate Short Sale of Certain Estate Pry efty Free and Clear of all Liens, Claims
Interests, and Encumbrances e: 180 High Street- North Andover; Massachusetts o i 4 (the
"'Sale Motion."), which.Sale Motion-was approved.by an.order of the United States Bankruptcy.
Court dated October 6, 2 (the"Sale Order"), a certified copy of which is attached hereto as
Exhibit A,the undersigned was authorized to complete the sale of the Debtors' interest in certain
realty;
NOW, FHEREFORE. the undersigned as Trustee in Bankruptcy of the Debtors'
bankruptcy estate, by the powers crested in him by the United States Bankruptcy Code I I U.S.C.
l 0 1-15 32)and by the Salo Order, for good.and-valuable consideration of the payment of
THREE HUNDRED NINETY THOUSAND AND oo oo DOLLARS $39 ,000.0 , does
` hereby GRANT without representations,warranties or covenants express or implied, of any kind :.
or nature (and the Trustee expressly disclainns the same), to Joseph Souza,with a mailing addres
of i 10 KiI tam i11 Load, Boxford, MAssachusetts o 192 i (the Grantee the Debtors Interest ih
2-4 the following propeily located at 180 High Street,North Andover, Essex County, Massachusetts
(the"Property"):
See Exhibit B attached
Pursuant to Sections 3 b and 0 of the Banlavptcy Code and the Sale Order, the sale shall be
and is free and clear of any.and all liens, claims as that tern is.defined In the Bankruptcy Code)
mortgages, guarantees, security agreements, pledges, charges, taxes, obligations, rights,
Beni Ealw/1 WA3004499-1)QQX
499-1)
15269 Pg2882 0
restrictions, interests hi in ny retaining, future or possessory lions interests).and
encumbrances as set forth in the Sale Motion,, whether arising prior to or subsequent to the filing
of the ]debtors' petition in bankruptcy,and whether er imposed by agreement, undeestanding, law,
equity or otherwise. Further, as set forth in the Sale Motion, the sale shall be and hereby is made
as is"and "where is" and with no representations or warranties by the Trustee, including,
without limitation, the extent, validity and nature ofth Debtors' interest in, or title to, the
Property.
THE GRANTEE, Y HIS ACCEPTANCE of THIS DEED, DOES HEREBY
FOREVER RELEASE GRANTOR OF AND FROM ANY AND ALL LIABILITIES, CLAIMS
CAUSES OF ACTION, LIABILITY FOR CONTRIBUTION, AND ALL OTHER
IAI: IL TT-ES-ARISING OUT OF THE P O ER—TY INCLUDING, WITHOUT LIMITATION
THOSEARISING OUT of A)THE EXISTENCE� N THE PROPERTY,NOW OR fN THE
FAST, OF ANY UNDERGROUND OIL ST O A E FACILITIES OR OUT of THE
EXISTENCE,NOW OR IN THE PAST, OF ANY ABOVEGROUND OIL STORAGE
FACILITIES WITH UNDERGROUND PIPING; AND THE EXISTENCE, NOW OR I
THE PAST, of ANY SUBSURFACE WASTEWATER DISPOSAL SYSTEMS.LOCATED
N THE PROPERTY, INCLUDING ANY MALFUNCTIONS WITH RESPECT THERETO.
IN WITNESS WHEREOF, I have hereunto set my hand and seal as of this l 1"day of
October, 2017.
Joseph H. d ee for the
Bankruptcy Estate of Christopher Burke
Kearney a 1 a Christopher R. Kearney
a/k/a Chris Kearney and Lauren Alexandra
Kearney a k/a Lauren A. Kearney
Chapter 7, Case No. 16-41394-CJP
Bk 15269 Pg289 #27700
COMMONWEALTH OF.MASSACHU5ETTS
n October 19, 2017, Joseph H, Baldiga,Trustee in Bankruptcy (the"Principal") of
Christopher Burke Kearney aka Christopher B. Kearney a s Chi-is Kearney and Lauren
Alexandra Kearney aka Laurent A. K ame r,personally appeared before nee and acknowledged
to me that the Principat signed the preceding or attached document voluntarity for its stated
purpose. The Principal proved to one through satisfactory evidence of identification that the
Principal is the person whose name is signed on the preceding or attached doeument. The
satisfactory evidence of identification provided to me was:
current document issued by a federal or state government agency bearing the
photographic image of the Principal's face and signature', or
n the.oath or affirma ion of a credible witness unaffected by the document or
transaction who is personally known to the notary public and who personally k ow the
Pffficipai; or
Identification of the Principal used on the notary public's personal knowledge of the
identity of the Pri cipaI4 or
Ej The followtng cvid.enceof idlentliflicatlow.
Kota public
ri to Name: Karen I Gue e to
My Commission Expires: 1 0 2 2
I
eP
4 ° , •
rRy OR 2;§�
y ,
Of
evb
it it I I CI,I AAtl,ltlxalffilv
Bk 15269 2 9 #27700
EXHIBIT
Certified Copy of Sale Order
Bk 15269 Pq291 #27700
Casel6-41394 Doc o FiledIO/06117 Entered 10106/1709:55m.04 DescM
Document Page I of 3
UNITED STATES BANKRUPTCY COURT
DISTRICT of MASSAC USE S
(CENTRAL DIVISION)
In ire: oft
CHRISTOPHER BUS KEARNEY
a s C .ISTOPHE . . KEARN Y0 Cr
�
a k1a CHRIS KEARNE . and Chapter 7
00 �
0 �*
A REN.A EXA NDRA KEA N Case No. 1 3 _ JP =2
a/ a LA REN A►`, KE ARNEY, 0CD
�.
.
Debtors.
ORDER AUTHORIZING AND APPROVING RIVA` SHORT SALE OF
CERTAIN ESTATE PROPERTY FREE AND CLEAR OF ALL LIENS,
S,
CLAIMS II ' '��STS AND CU I ANC S
(Re: 180 High Street,North Andover,Massachusetts
THIS MATTER having come before the Court upon the motion(the"Motion to Approve
Private Sale") of Joseph H.Baldiga,the Chapter 7 trustee in the above-captioned vase(the
"Trustee"),for an Order authorizing and approving the proposed private short sale(the"{Private
Sale")of certain real propel located at 180 High Street,North Andover,Massachusetts 1845
together with all buildings,structures and improvements now or heroafter existing thereon
(collectively, the"Real ro er % free and clear of all liens,claims and encumbrances, to
Joseph Souza or his nominee(the"Buyer"'),upon the-terms of the Purchase and Sale Agreement
(the" urc}ase Agreement" and as described in the Trustee's Notice Intended Sale of Estate
Property filed with this Court(the"Notice of Private Sale'); and sufficient notice thereof having
been daily given,no objection having been filed to the Motion to Approve Private Sale or higher
offer submitted,,and the Court finding that the notice given by the Trustee as set Forth in the
certificate of service filed with the Court was sufficient it is hereby ORDERED THAT:
15269 Pg292 #27700
Case16-41394 Doc40 Filed . 3 6 .7 Entered o o6/17 09:55:04 DescMain
Document Page 2 of3
1. The Trustee 'I's authorized,pursuant to 1 I U.S.C, 6 f), to sell the bank-r ptey
estate's right,title and interest in the Real Property identified in the Notice of Private Sale to the
]Buyer, for the sure o $390,000-00,including a buyer paid pre .im of , 00-00 (the,"Carve-
Out"), free and clear of all liens,claims, interests and enoumbrances,with any and all such
interests in the meal Property,when established,attaching to the proceeds realized from the
Private Sale in the same order of priority subject, if necessary,to later et r u tion by the
Batdauptcy Court of the validity,extent,and perfection of such interests.
. The Carve-Out of$25,000.00 realized from the Frigate Sale of the Real Property
shall be immediately payable to the Estate;
. The Trustee is hereby authorized to distribute the proceeds realized from the
Private Sale in accordance with the Short Sale Approval LettersI and the HUD-1 Settleine t
Statement attached as exhibits to and described in the Motion to Approve Private Sale.
The Debtors are entitled to no exeitiptions with respect to the Real Property.
i The Buyer is required to close on the Private Sale a within fifteen days
following entry of this Order approving the Private Sale;or h)by such extended period as the
Trustee and the Lenders, in their discretion.,allow(the"Closing Date"'),
. Upon the Primary Lender's receipt of sale proceeds its the amount of$327,871-60
at or immediately after the Closing Date,the First Mortgage PO C .,Clip No, -1 shall be
deemed fally satisfied and accordingly expunged from the Claims Register without the need for
the Trustee to take any Further anion with respect thereto.
7. In the event that the Buyer fails to close on the Private Sale on or before the
Closing Date, the Buyer's deposit shall be forfeited to the Trustee,
M./YIYIFyylYiYl� __ _ ��
Initially capitalized terns not otherwise defined herein shall have the ineanings ascribed to thorn in the Motion
to Approve Private Sale.
2
k 15269 Pg293 #27700
Case -4 394 Doe 40 Filed 10106117 Entered 10 0 /1 09. b. 4 Desc Mai
Document Page 3 of 3
. The Trustee is hereby authorized to execute such documents and of en ise take
such actions as the Trustee deems reasonably necessary or appropriate to consuminate the _
Private Sale of the Real Property on the terms described in the Trustee's Motion to A.pprove
Private Sale and the Notice of Frigate Sale.
9. The Private Sale be and is authorized in accordance with the Trustee's Motion to
Approve Private.Sale and the Notice of Private Sale,
10, This Court finds that a the Trustee and the Buyer have acted in good faith in
negotiating at arrn's length the terms of this sale and b this sale.is a product of good faith
negotiations between the pailies. Accordingly,the Buyer is a good faith buyer under I I TJ,S.S.C.
3 3 . and shall be and hereby is entitled to the protections provided therein.
11. The Trustee is authorized to pay commissions in the amount of a)$10,950.00 to
Re-Bound Ro-Bound Properties,LLC i, .,the Trustee's Broker)and b)$7,300.00 to Keiser William i. .,
the Buyer's Broker) from the proceeds of the sins of the Purchase Price Pius the Carve-out
i 6 , . 0)at the closing ofth Private Sale.
12, This Order is immediately effective and is not staged pursuant to Rule h of
the Federal Rules of Bankruptcy Procedure, or othenvise.
Dated: October 6,21
Christopher J. Panos
United States]Bankruptcy,fudge
3
Bk 15269 Pg294 #27700
EXHIBIT B
certain parcel l of land with the bijilding thereon situated in Forth Andover, County of
C6hliffibnWealt Ma kht t ,, hO—W- I Umber 92 And 9 Iand
Eben Sutton, known as the High Street, recorded,wl'th Essex Mort District Registry of Deeds,
Book 125, Page 600, more particularly described as follows:
NORTHERLY HERLY one hundred one and seventy-four hundredths (101.74) feet by lot number
91 on said plan-
EASTERLY nitiety and fotirteen hundredths 90.1 feet by High Street according t
said plan; .
SOUT14ERLY one hundred one andforty-eight hundredths 10 1. feet by a way forty
feet Wide on said plan;
WESTERLY one hundred 10 feet by lot numbered 72 on said plan,
Containing 9634 square feet, more or less, according to said plan.
Being the sane premises conv6yed to Lauren A. K6,qrney and Chri tq r B. Kearney
Deed of Stephen W', ITarston and Hilary A. Harston by feed dated Jutne 24,2004 and recorded
with the Essex North County Registry of Deeds, Book 8887, Page 3 .