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HomeMy WebLinkAbout0930 , . ~ ; . • . Iiomes Corparation is gcanted; ~ 4. Ben Frnnklin Savings' Ore Tenus Motion to obtatn possession of the property that is the subject matteP of the foreelosure aet is gcanted; ~ 5. Ben Franklin Savings' Ore Tenus Moti n±o astabliah ewsir~g p edure w~t~~„'„~0 T„~?,~,~ ~ r ~s- `'t • ~ regard to the sale oY the next two hundred ~ G'.~6~lots in the Savanna Club is gcanfed on the following term~s: Messrs. $rskine, &.~eheit, Jr., and Tinkham shall execute and dellver to the requesting party a partial release oY their mortgage on the next two hundred twerity five . (225) ~.ots oE plat• tw+~ ' that are sold, provided that the surn of one tt?ousand five hundred ($1,500.00) dallars for each lot sold shall be deposited into en escrow aeeount to be titled Savenneh Glub Bscrow Aceount, and provided that Ben Franklin Saving3 also exeeutes a partial release of its mortgages on the lots that are sold. The escrow account shall be maintained at the Bank ~f Palm Beach anc3 the signatures of both George Ord and r Karen Kantner or ~ Court 'Order shall be r~equirec~ to withdrsw funds from this account. ( The money deposited into the aeeount shall be dlsbursed aecording to the priority of the ~ ~ parties' mortgages a~ to be determined by the Court. ~'Vaterwood Homes Corporation is ~ authorized to enter into contracts for the purchase and sate an8 to execute and deliver ~ deeds to the lot~ that are sold under this procedurs. 6. Zfie Receiver's Motion to Award fees is granted. '!'!~e fees shall be paid out of ! the funds obtained from the issuance of the Receiver's Certificate. Ben Franklin Savings claims the fees should be taxed as costs, but Messers. Tinkham, Bucheit, Jr., Erskine deny that the fees are appropriate items to t~x. The issue of whether these fees should be ta~ced as costs is deferred until further hearing. ~ ~ ~ - ~ DONE AND ORDERED this day of ~ , 1986. ~ _ ~ ~.~?.~C• F~.~.~.~ , . . CIRCUIT COt1RT JUDGE cc: Attorneys of Reeard . O~T 2 P3 :24 - tiLi.i) ' ~ . ~ ROGEfi i u; ' - . ~7 LUCI' " : t C:i;)~, ~ ; ! ~ ~OOK PAGE