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IN RE: CONSUMERS IGA THRIFTWAY, INC., an Arkansas corporation, MARVIN'S BFL OF TULSA, INC., an Oklahoma corporation, MARVIN'S IGA, INC., an Oklahoma corporation, MARVIN'S, INC., an Arkansas corporation, MARVIN'S, INC., a Kansas corporation, JAMES L. MARVIN, JR., REVOCABLE TRUST AND PAMELA S. MARVIN REVOCABLE TRUST, a partnership, JAMES L. MARVIN, JR., REVOCABLE TRUST, a sole proprietorship, and JAMES L. MARVIN, JR., REVOCABLE TRUST AND JAMES L. MARVIN III, a partnership, Chapter 11, Debtors.

ORDER APPROVING DEBTOR'S MOTION TO SELL PROPERTY OF THE ESTATE FREE AND CLEAR OF LIENS AND OTHER ENCUMBRANCES (2,596 square feet of real property located in Washington County, Arkansas)

TOM CORNISH, Bankruptcy Judge

THIS MATTER comes before the Court pursuant to Debtor's Motion to Sell Property of the Estate Free and Clear of Liens and Other Encumbrances (2,596 square feet of real property located in Washington County, Arkansas) (the "Motion") and the Notice of Motion, Notice of Deadline to File Objection to Motion and Notice of Hearing if Objection is Filed (the "Notice"), both of which were filed on October 26, 2004, by the Debtor herein. The Court, having reviewed the relevant pleadings and being familiar with the matters contained therein, finds that both the Motion and Notice were mailed to all parties-in-interest on October 27, 2004, and that the last day to file an objection or response to the Motion was November 13, 2004. There being no timely objections or responses, the Court, pursuant to applicable rules, may grant the relief requested in the Motion.

IT IS HEREBY ORDERED that Debtor's Motion to Sell Property of the Estate Free and Clear of Liens and Other Encumbrances (2,596 square feet of real property located in Washington County, Arkansas) filed on October 26, 2004, by the Debtor herein be, and the same hereby is, granted.

IT IS FURTHER ORDERED that the Debtor is authorized to sell the real property described in exhibit "A" of this Order to the Arkansas State Highway and Transportation Department for the sum of $14,150 and that the sale shall be, and is, authorized to be free and clear of any and all liens, claims, encumbrances, and interests, with any liens, claims, encumbrances, and interests to attach to the proceeds with the same validity, priority, and extent as they attached to the real property prior to the sale.

IT IS FURTHER ORDERED that the proceeds of the sale shall be held by the Debtor's bankruptcy estate pending further order of this Court.

IT IS FURTHER ORDERED that the Debtor is authorized to take all actions necessary and appropriate to consummate the sale of the real property described in Exhibit "A" of this Order, including the signing and delivery of all required documents and instruments.

The Movant Shall Notify All Interested Parties of This Order

EXHIBIT "A"

Part of Lot 3, Farmington Commercial Center Phase II to the City of Farmington, Arkansas, also being part of the Northeast Quarter of the Northeast Quarter of Section 27, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows:

Starting at a 1½ inch square metal in concrete being used as the Center North 1/16 corner of Section 27; thence South 87°48'56" East along the South line of the North Half of the Northeast Quarter of Section 27 a distance of 1,472.14 feet to a point on the Southerly right of way line of U.S. Highway 62 as established by AHTD Job 4705-2; thence North 58°27'52" East along said right of way line a distance of 137.48 feet for the point of beginning; thence continue North 58°27'52" East along said right of way line a distance of 166.64 feet to a point on the Westerly right of way line of Saratoga Street as established by the plat of Farmington Commercial Center Phase II date filed March 12, 1998; thence in a Southeasterly direction along said right of way line on a curve to the right having a radius of 25.00 feet a distance of 39.50 feet having a chord bearing of South 76°21'37" East a distance of 35.52 feet to a point on the Southerly right of way line of U.S. Highway 62 as established by AHTD Job R40082; thence North 86°13'07" West along said right of way line a distance of 21.63 feet to a point; thence South 57°59'38" West along said right of way line a distance of 183.17 feet to a point; thence North 01°14'45" East a distance of 16.88 feet to the point of beginning and containing 0.06 acres or 2,596 square feet more or less as shown on plans prepared by the AHTD referenced as Job R40082.

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IN RE CONSUMERS IGA THRIFTWAY, INC. (Bankr.E.D.Okla. 2004)
(Dec 1, 2004)