HomeMy WebLinkAbout2089 been determined by this Court as of the date this Petition is
tiled. However, the real eetate claimed as exempt by the
Bankrupt.is inaeparable from the non-exempt real eatate and
both the real estate claimed as exennpt and the non-exempt real
estate are subject to the lien of all of the mortgagea hereto- ~
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fore determined valid by thia Court. Accordingly, both the
claimed exempt and non-exempt real estate must be sold as one ;
parcel and if it is later determined that the Bankrupt, AUGUST
STONCIUS, has a valid homestead exemption in part of said real
estate his claim may be satiafied, when determined, from the
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proceeda of sale of the entire real estate.
6. There will be a substantial surplua left for the estate
upon the-sale at private sale of said real estate after the
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payment of the amount of the valid liens upon said real eatate i
provideci said real estate is sold at a grose sale price of not
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less than 10096 of the appraised value. ~
7. Said real eatate consists of a motel and thehighest
rental occupancy during the winter season is now past and
there are continued expenses necessary for the preservation
and maintenance of said real estate. Further, it ia in the ;
best interest of the creditors of the estate for your Petitioner
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to sell said real estate at the earliest posaible date at =
private sale, free and clear of all liens. -
WHEREFORB, your Petitioner prays:
1. ~hat he be authorized to aell said real estate free
and clear of all liena and claima of homeatead exemption at
private sale.
2. That this Court approve the sale provided the amount
bid for saicl property be not leas than 10096 of ita appraised
valuo and tha~ any and all liens upon aaid real estate determineci
by this Court to be valid liens and any homestead exe~?ption
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