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HomeMy WebLinkAbout2798 Fi i • confirmation of the Deb.tors' Plan of Arrangement, of funds re- quired by the Bankruptcy Act to cover the Referee's salary and expense fund, priority tax claims, and unpaid obligations in- curred by.the Chapter XI Receivers after the filing of the Chapter XI Petition herein. ~ ~ 3. As ~n additional security for the payment of the Bergen Bank of Conunerce's lien on the Condemnation Award, the Bergen Bnnk of Commerce is hereby granted a participating interes in th~~~ur~hase ~on~y mortgages held by Lehman $ tVasserman, a Professional Corporation, dated November 5, 1980, and recorded under C1eTk's File Nos. 506477 and 506478, Public Records of St. Lucie County, Florida, respecting the real property referred to therein and also nore generally referred to and described in Article II, paragraph l, of the ~ebtors' Plan of Arrangement filed tirith the Court on November 2, 1980. 4. The Bergen Bank of Com~erce's interest in the ~ mortgages described in paragragh 3 hereof shall be deemed a deferred~ad~inistration expense of the Debtors' Chapter XI estate, h•hich administration expenses have, in accordance with Article II, paragraph 1(g) of the~Debtors' Amehded Plan of Arrangement, a first claim to all monies received by Lehman $ Wassernan under the aformentioned mortgages; provided, howe~~er, that any payment of counsel fees to the attorneys for the Debtors shall be subordinate to the payr.tents to which the Bergen Bank of Commerce shall be entitled out of the proceeds of said mortgages. S. As further security for the payment of the Bergen ~ - ~'d ... ._.J. _. . . . . . . Bank of Corumerce's lien on the Conder~nation A~~•ard, the Debtors shall, within 12 days of the date hereof, deliver to the attorneys for the Bergen Bank of Commerce a duly executed second mortgagc in a form sufficient for recording, on premises located in St. Luice County, Florida, at 2J08 North AIA, Fort B(~t~~JJU Pa6E~~ - - - . . ,-, ~= . - . J _~i.s~y ~y~~•-/-fi _.*-• ' '.ro'.