HomeMy WebLinkAbout20041398.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES - NASH FINCH COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 12th day of May,2004,at which meeting there
were present the following members: Chair Robert D. Masden, and Commissioners M. J. Geile,
William H. Jerke, and Glenn Vaad, with Commissioner David E. Long being excused, and
WHEREAS,notice of such meeting and an opportunity to be present has been given to the
taxpayer and the Assessor of said County, and said Assessor, Stan Sessions, being represented
by Chris Woodruff, and taxpayer Nash Finch Company, being represented by Dan Garfield,
Attorney, and
WHEREAS, the Board of County Commissioners have carefully considered the attached
petition, and are fully advised in relation thereto.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Board concurs with the recommendation of the assessor and the petition
be and hereby is, denied, and an abatement or refund not be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$ 0.00 $ 0.00 2000
$ 0.00 $ 0.00 2001
•
•
2004-1398
AS0057
TAX ABATEMENT PETITION - NASH FINCH COMPANY
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of May, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
D/��ATTEST: g41444/1 c & (AYE)
Robert D. Masden, Chair
Clerk tothe Board
(NAY)
William H. J e, Pro-Tern
361 �'► i�c=i =s
u rk to the Board 79 Bc• , (AYE)
M. J. eile
AS TO FO .
EXCUSED
David . Long
unt A orney /ti " (AYE)
Gle n Vaad
Date of signature: - —/9 -19/
2004-1398
AS0057
PETITION FOR ABATEMENT OR REFUND OF TAXES
Please submit in duplicate copies and answer all questions. n
X1003 -3
County Name Weld Date Recei
Use Assessor' C sl ' at t L
DEC 3 1 2003
PETITIONER: Complete Section Ion this side only WELD COUNTY ASSESSOR
Section I:.---_ Greeley, Colorado
Date: 12 30 2003
Month Day Year
Petitioner's Name: Nash Finch Company
Petitioner's mailing address: 7600 France Avenue South
Edina MN 55435
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
P4906 Personal property at 1159 W. Main St. ,
Windsor, Colorado
Petitioner states that the taxes assessed against the above property for property tax year(s) 2000 , 2001
are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. •
(The petitioner's estimate of actual value must be included.) Attach additional sheets if necessary.
See attached.
Petitioner's estimate of actual value $29,949.70 ( 2000 )and $29,949.70 ( 2001 )
Value Year Value Year
Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value.
I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits
or statements, has been examined by me, and to the best of my knowledge, information and belief, is true, correct
and complete. A
Daytime Phone Number f 3031 223-1100
(petitioner's Signature
By_ )U4 \ c (9--- MICHAEL J. PANKOW Daytime Phone Number (303 ) 223-1100 •
Agent's Signature* •
*Letter of agency must be attached when petition is submitted.
Every petition for abatement or refund filed pursuant to section 39-10-114, C.R.S., shall be acted upon pursuant to
the provisions of this section by the board of county commissioners or the assessor, as appropriate,within six
months of the date of filing such petition. 39-1-113(1.7), C.R.S.
Section II: Assessor's Use Only
Tax Year 2000 Tax Year 2001
Assessed Value Tax Assessed Value Tax
Original 212,300 $21,098.38 190.970 $20.800 84
Corrected 212,100 $21 ,098 38 190.970 $20,R00_i24
Abate/Refund -0- -0- -0- -0-
2004-1398
(FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY)
•
RESOLUTION OF COUNTY COMMISSIONERS
Resolution No. ____________
CSection I: In accordance with 39-1-113(1.5), C.R.S., the commissioners of
the assessor to review petitions for abatement or refund and to settle by written mutual agreement any utychauth petition
for abatement or refund in an amount of one thousand dollars or less per tract, parcel, or lot of land oor per schedule
of personal property.
The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of:
' Tax Year Tax Year
Value Tax Value
• Original Tax
Corrected �_
Abate/Refund
PLEASE NOTE: THE TOTAL TAX AMOUNT DOES NOT INCLUDE ACCRUED INTEREST, PENALTIES,AND
FEES ASSOCIATED WITH LATE AND/OR DELINQUENT TAX PAYMENTS, IF APPLICABLE. PLEASE
CONTACT YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
If Section I is not complete and/or if petition is for more than $1,000, Section II must be completed. Submit an
original petition and a copy to the Division of Property Taxation.
Section II: Assessor's recommendation:
Approved or Approved in part$
No protest filed in or . (If a protest was filed, please attach a copy of NOD.)
Denied for the following reason(s):
'.ago i. cltdrd tog La LO, Oonnot (Malt .. 2OO1 also den ,ed ,
no moll hon ID prove. �l declay-a�ton i_s
/Jj�q�,,�/"ppp�//G' 1� 9 U l i'1 co rare cif.
sor's� C_ eputy,aesesS r'9 Signature �—v�—�' /
Section III: WHEREAS, The County Commissioners of County, State of Colorado, at a duly
and lawfully called regular meeting held on / / , at which meeting there were present the following
mo day yr
members:
with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of
said County and Assessor (being present/not present)and
Name
petitioner (being present/not present), and WHEREAS, The said
Name
County Commissioners have carefully considered the within petition, and are fully advised in relation thereto,
NOW BE IT RESOLVED,That the Board (agrees/does not agree)with the recommendation of the assessor
and the petition be (approved/denied)and an abatement/refund be (approved/denied)for property tax year(s)
and . The taxes to be abated/refunded for property tax year are $
which represents an assessed value of$ and the taxes to be abated/refunded for property tax
year are$ which represents an assessed value of$' '
Chairperson of the Board of County Commissioners'Signature
I, County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings of the Board of County Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at , this day of _
Time Date Month ` Year
County Clerk's or Deputy County Clerk's Signature
ACTION OF THE PROPERTY TAX ADMINISTRATOR
•
Denver, Colorado, ,
Month Day Year
The action of the Board of County Commissioners, relative to the within petition, is hereby
Approved; Approved in part$ ; Denied for the following reason(s):
Secretary's Signature Property Tax Administrator's Signature
GAUSR\...t BATErORMREV2
Brownstein I Hyatt I Farber
410 Seventeenth Street
Twenty-Second Floor
Denver,Colorado 80202-4437
bhf-lawcom
December 30, 2003
Michael J. Pankow
Attorney at Law
T 303.223.1106
F 303.223.0906
mpankow@bhf-law.com
VIA OVERNIGHT DELIVERY
Weld County Assessor's Office
1400 N. 17th Ave.
Greeley, CO 80631
RE: Tax Abatement Request of Nash Finch Company; Schedule 4906
To Whom It May Concern:
Enclosed please find a Petition for Abatement or Refund of Taxes for Nash Finch
Company for the above-referenced property schedule.
Sincerely,
711/(t99 egm1/4
Michael J. Pankow
Brownstein Hyatt & Farber, P.C.
Denver,Colorado T 303.223.1100 F 303.223.1111
Washington, D.C. T 202.296.7353 F 202.296.7009
Albuquerque, New Mexico T505.244.0770 F 505,244.9266
Aspen/Vail, Colorado T 970.945.5302 F 970.384.2360
RErownstein I Hyatt I Farber
CEIVED
410 Seventeenth Street
Twenty-Second Floor
JUN 0 4 2003 Denver,Colorado 802024437
bhf-law.corn
WELD COUNTY ASSESSOR
Greeley, Colorado
June 2, 2003
Michael J. Pankow
Attorney at Law
T 303.223.1106
F 303.223.0906
mpankow@bhf-law.com
VIA FACSIMILE 970-304-6433 AND FIRST-CLASS MAIL
Weld County Assessor
1400 N. 17th Ave.
Greeley, Colorado 80631
RE: Request for Abatement of Personal Property Taxes; Schedule No.
P0004906; Parcel No. 080720128006
To whom it may concern:
This firm represents Nash Finch Company, which is in receipt of an invoice
(enclosed with this letter)for personal property taxes that were once owed for tax
years 2000 and 2001 for personal property formerly owned by Steele's Market Inc.
("Steele's") at 1159 Main St., Windsor, Colorado (the "Windsor Store"). Steele's
filed for Chapter 11 bankruptcy on February 8, 2001, and the case was later
converted to a Chapter 7 liquidation.
Pursuant to an order of the Bankruptcy Court in the Steele's bankruptcy case dated
January 8, 2002 (enclosed herewith), Nash Finch contributed $368,536.59 to a Tax
Lien Fund. The purpose of the Tax Lien Fund was to convert tax liens, including
those that are the subject of the enclosed invoice, into cash in the Steele's
bankruptcy estate. The cash then is to be distributed by the trustee in that case in
accordance with federal bankruptcy law, which subordinates tax liens to certain
expenses in administration of the bankruptcy case itself but remains prior to general
unsecured claims. (Nash Finch does not control whether, when or in what amount
distributions from the Steele's bankruptcy estate will take place.)
The enclosed order also provides that the sale of the subject property will be free
and clear of all liens, including the tax liens in respect of the enclosed invoice. The
sale free and clear of liens, which is standard in bankruptcy sales, reflects the fact
that Nash Finch had to, in effect, pay off the tax lien already through the Tax Lien
Fund. Accordingly, we ask that the County recognize that Nash Finch (as opposed
to the Steele's bankruptcy estate) has no further obligation in respect of the invoiced
taxes.
Brownstein Hyatt& Farber, P.C.
Denver,Color ado 7303.223.1100 F 303.223.1111
Washington.D.C. 7202.296.7353 F 202.295.7009
Asp en/Vctii,Cr,e,radn T 970.945.5302 r 970.384.2360
Weld County Assessor
June 2, 2003
Page 2
Nash Finch also believes that the tax assessment is based upon an ascribed value
for the equipment which is far too high. The Order provides that Nash Finch is
deemed to be the taxpayer in any proceeding concerning such property, including
the Windsor Store personal property, and that Nash Finch reserved its rights to seek
reduction or elimination of any tax liability. See Order at¶ 6. Accordingly, Nash
Finch respectfully requests an abatement with respect to the 2000 and 2001
property taxes.
The effect of this abatement, if granted, would not be a refund from the County to
Nash Finch (unless and until the County actually receives funds from the Steele's
bankruptcy estate, at least). Instead, the effect would be to reduce the County's tax
claim in the Steele's bankruptcy case and would in turn give Nash Finch a potential
right to a refund of a portion of the Tax Lien Fund.
Nash Finch believes that the personal property taxes assessed against the personal
property at the Windsor Store are too high as the market value of such property was
significantly lower than the value assessed by the Weld County Assessor. In
particular, some of the personal property was sold at auction at prices that were
much lower than that assessed by Weld County. Some items could not be sold at
all and should be assessed a nominal value at most. A copy of the auctioneer's
sale report is enclosed. Nash Finch is currently attempting to obtain additional
information and will provide any that it receives. The fact that Nash Finch acquired
the equipment, as shown in the enclosed Order, for effectively nothing more than
payment of the taxes owed is further strong evidence that the value of the
euquipment is substantially overstated. The bankruptcy trustee had the power and
duty to sell the equipment on the highest and best terms, and the sale price does
not approach the value assessed.
Nash Finch therefore requests that Weld County reassess the value of the Windsor
Store personal property and provide an abatement of those taxes.
Please contact me if you have any questions or require additional information. We
also recognize that this letter contains statements about the law which you should
confirm with your county attorney; we included them to explain the context of our
request. We would be happy to speak with the County Attorney or anyone else
appropriate.
We appreciate your attention to this matter.
Weld County Assessor
June 2, 2003
Page 3
Since ly,
Michael J. Pankow
Enclosures
Nash Finch Company seeks the abatement of personal property taxes that were once
owed for tax years 2000 and 2001 for personal property formerly owned by ' eel e's Market Inc.
("Steele's") at 101 W. Main St., Windsor, Colorado (the"Windsor Stare"). peel e's filet for
Chapter 11 bankruptcy in the United Stares Bankruptcy Court for the Di t-rirf of Colorado (the
"Bankruptcy Court"), Case No. 01-11323 SBB, on February 8, 2001, and the rase was later
converted to a Chapter 7 liquidation.
n dation.
Pursuant to an order of de Bankruptcy Court in the Steele's bankruptcy rase dated
January 8, 2002 (the"Order,"a copy of which is enclosed herewith), Nash Finch oantdbtted
$368,536.59 to a Tax Lien Fund. The purpose of the Tax Lien Fund was to convert tax liens,
including the lien related to taxes owed on the Windsor Store, into cash in the Steele's
bankruptcy e rate The cash then is to be distributed by the trustee in that case in aarordance
with federal bankruptcy law, which subordinates tax liens to certain expenses in adminithetion
of the bankruptcy case itself ht remains prior to( neral unsecured rlal ms. (Nash Finch does
not oci ulrul whether, when or in what amount di d-r h ti errs Lrum the Steele's bankruptcy estate
will take place.)
N ash Finch believes that the tax assessment is based upon an ascribed value for the
equipment which is far too high. The Order provides that Nash Finch is teemed to be the
taxpayer in any proceeding concerning such property, including the Windsor Store personal
property, and that Nash Finch reserved its riots to seek reduction or elimination of any tax
liability. See Order at 916. Accordingly, Nash Finch respectfully requests anabatement with
re pec_i.to the 2000 and 2001 property taxes.
N ash Finch believes that the personal property taxes assessed againt.the personal
property at the Windsor Store are too high as the market value of such property was sicyiifi u tly
lower than the value ad:mood by the Weld County Assessor. The equipment was so]d at an open
auction, with mid re to coeditors, and was approved by the Bankruptcy Court, for much less than
its assessed value. Nash Finch is crmently attempting to obtain additional information and will
provide any that it receives. The fact that. Nash Finch acquired the equipment, as shown in the
enclosed Order, for effectively nothing more than payment of the taxes owed is further strong
evidence that the value of the equipment is substantially al l y over. The bankruptcy trustee had
the power and duty to sellthe equipment on the highest and text terms, and the sale price does
not approach the value asss a-1 Nash Finch therefore requests that. Weld County reassess the
value of the Windsor Store personal property and provide an abatement of those taxes based on
the value of tax lien on the personal property—$29,949.70, which represents,in eLft ,the prim
that Nash Finch poi d for the personal property at the Windsor Store. That price is the best
valuation available of such equipment.
The effect of this abatement, if granted, would not be a refund from the County to Nash
Finch (unless and until County actually receives funds from the Cteele'sbankruptcy eta-e, at
least). Instead, the effect would be to reduce the County's tax claim in the Steele's bankruptcy
cam and would in turn give Nash Finch a pctential right to a refund of a portion of the Tax Lien
Fund.
8185\1\828078.1
•
16. Except as provided in this Order,all entities holding Liens including, without
.limitation,vendors,suppliers,employees,taxing authorities,and landlords be, and they hereby
are, barred from asserting such Liens against the purchaser or the Encumbered Property,and all
entities holding Liens of'any kind and nature are ordered to release the Encumbered Property to
the purchasers and to assert their liens against the proceeds received from the sale.
17, The Order is and shall be effective as a determination that:(a)upon closing,all
Liens existing as to the Encumbered Property have been and hereby are adjudged and declared to
be unconditionally released;(h)the conveyances described herein have been made free and clear
of all such Liens;and (c)the purchasers shall take the Encumbered Property free and clear of any
successor liability.
18. If any person or entity that has filed financing statements or other documents or
agreements evidencing Liens on or interests in the Encumbered Property shall not have delivered
to the Trustee prior to the Closing,in proper form for filing and executed by the appropriate
parties,termination statements,instruments of satisfaction,releases of all Liens or other interests
which the person or entity has with respect to the Encumbered Property,the Trustee is hereby
authorized to execute and file such statements,instruments,releases and other documents on
behalf of the person or entity with respect to the Encumbered Property.
•
19. This Cow t retains jurisdiction to: (a)enforce and implement the terms and
provisions of the Stipulated Motion,all amendments thereto,any waivers end consents
thereunder,and of each of the agreements,documents and instruments executed in connection
therewith; (b)compel delivery of the Encumbered Property to the purchasers;(c)compel
delivery of the purchase price amounts to the Trustee;(d)compel delivery of the proceeds for the
Tax Lien Fund;(e)resolve any disputes,controversies or claims arising out of or relating to this
Order or the Stipulated Motion;and(t)interpret,implement and enforce the provisions of this
Order. •
20. In the absence of a stay pending appeal,if the purchasers elect or are required to
consummate the transactions at any time after entry of this Order,then with respect to such
transaction,the purchasers shall be entitled to the protections of section 363(m)of the
Bankruptcy Code if this Order or any authorization contained herein is reversed or modified on
appeal
21. The terms and provisions of the Stipulated Motion,together with the terms and
provisions of this Order,shall be binding in all respects upon the Parties,their respective
affiliates,successors and assigns,and any affected third parties,and persons asserting a claim
against or interest in the Debtors estate or any of the Encumbered Property to be sold to the
purchasers pursuant to the Stipulated Motion and this Order.
22. The Stipulated Motion and any related agreements,documents or other
instruments may be modified, amended or supplemented by the Parties in accordance with the
terms thereof without further order of the Court,provided that any such modification,
amendment or supplement has no material adverse effect on the Debtor's estate or its creditors.
7
R1tsuair9s!tt •
23. Immediately upon the entry of this Order,this Order will constitute a final and
appealable order within the meaning of 28 U.S.C. § 158(a). This Order shall be effective
immediately upon entry, and the automatic stay provisions pursuant to Bankruptcy Rule 6004(g)
applies are hereby waived. The Court expressly finds that there is no just reason for delay in the
implementation of this Order and the closing of the sale may occur as soon as all the conditions
precedent to such'closing have been satisfied or waived.
24. All transfers in connection with the sale of the Encumbered Property shall be
exempt from any and all stamp,value-added,transfer,recording,and other similar taxes(other
than income taxes)and any transfer or recording fees or other similar costs incurred or assessed
by any federal,state, local,or foreign taxing authority(including interest and penalties,if any).
Dated: January;002
UNITED STATE B NKRUP'fC]'JUDGE
8
S185%1%79852.1
1. The Stipulated Motion is granted in its entirety.
2. All objections,if any,to the Stipulated Motion or the relief requested therein or
the sale of the Encumbered Property to the purchasers that have not been withdrawn,waived,or
settled,and all reservations of rights included therein,are overruled on the merits.
3. The terms and conditions of the transactions contemplated by the Stipulated
Motion are hereby authorized and approved in all respects,pursuant to §§ 105(a)and 363(b)of
the Code.
4. A Tax Lien Fund, as defined in the Stipulated Motion, shall be created in the
aggregate amount of the tax liens described in paragraph 10 of the Court's Findings of Fact
without a determination as to the validity or amounts of such liens. The Tax Lien Fund shall
total$458,786.59.to which Nash Finch shall contribute$368,536.59; SuperValu shall contribute
$72,750;and Harmony Market shall contribute $17,.500.
5. The other Parties to the Stipulated Motion need not make a contribution to the
Tax Lien Fund for the taxes attributable to personal property located at the Debtor's former store
on Mountain Avenue, Fort Collins,or certain bakery equipment located in Fort Collins,
Colorado. GE Capital,Nash Finch, SuperValu and Harmony Market,upon making their
respective contributions to the Tax Lien Fund,shall be treated as having satisfied any and all tax •
obligations that might have existed as against the collateral to be transferred by virtue of the
Stipulated Motion and as to inventory previously liquidated or given away.
6. GE Capital and Nash Finch.SuperValu and Harmony Market reserve their rights
to seek reduction or elimination of any kind in the tax liabilities described in paragraph 6 of the
Court's Findings of Fact. For such purposes,GE Capital and Nash Finch shall be deemed to be
the taxpayer in any proceedings with the particular taxing authority with respect to the taxes
described in subparagraphs a, b,c;e,f, and gin paragraph 6 of the Court's Findings of Fact;
SuperValu shall be deemed to be the taxpayer in any proceedings with the particular taxing
authority with respect to taxes described in subparagraph d in paragraph 6 of the Court's
Findings of'Fact;and GE Capital,Nash Finch,and SuperValu, shall be deemed to be the
taxpayer in any proceeding with the particular taxing authority with respect to taxes described in
subparagraph g in paragraph 6 of the Court's Findings of Fact. '1'o the extent necessary,the
Trustee and/or the Debtor are authorized and directed to execute any powers of attorney properly
requested by GE Capital,Nash Finch, SuperValu or Harmony Markets consistent with this
Order •
• 7. Pursuant to § 363(b)of the Bankruptcy Code,the Trustee is authorized,directed
and empowered to implement the transactions contemplated in the Stipulated Motion that may be
reasonably necessary or desirable to implement the sale of the Encumbered Property,and to take
all further actions as may reasonably be requested by the purchasers for the purpose of assigning,
transferring, granting,conveying and conferring to the purchasers any or all of the Encumbered
Property,or as may be necessary or appropriate to the performance of the purchasers'
obligations.
5
118R.11.679852.1
•
•
•
8. In exchange for Nash Finch's contributions to the Tax Lien Fund and the credit
hid with respect to the Drake Real Estate,the Trustee shall sell,and GE Capital(or its designee,
which may include Nash Finch Company)shall purchase,free and clear of all liens,claims and
encumbrances,including,without limitations,senior liens,the Drake Real Estate,the Drake
Equipment,the Fon Morgan Equipment,the Windsor Equipment,and the Harmony Equipment.
In addition,the purchase price for the Drake Real Estate shall be the outstanding balance due to
GE Capital by the Debtor on the related promissory note, which GE Capital asserts has an
outstanding balance of approximately$6.8 million, inclusive of interest,fees and charges.
. 9. In exchange for SuperValu's contributions to the Tax Lien Fund,the trustee shall
sell,and S uperValu shall purchase the Niwot Equipment,free and clear of all liens,claims and
encumbrances. SuperValu shall be entitled to make its contribution to the Tax Lien Fund from
fund in the Segregated Account. Upon entry of this Order, SuperValu shall be permitted to apply
remaining funds in the Segregated Account,as created pursuant to this Court's November 12,
2001,Order,to the indebtedness. First State Bank is authorized to release funds in the
Segregated Account to SuperValu or otherwise transfer such funds as directed by SuperValu
without further consent of the Trustee or Order of this Court.
10. The Trustee may use up to$250,000 from the Tax Lien Fund without the consent
of any of the Parties or Court order specifically authorizing use of the funds,without prejudice to
any further requests.
11. The closing for the sale of the property shall occur on or before December 20,
2001,or any other date to which the Parties mutually agree.
12: All of the Parties' rights are reserved with respect to any claims against the estate.
13. This transaction is in the best interests of the Debtor's estate and of the creditors
as the sale will resolve significant outstanding issues with respect to the liquidation, will provide
significant sums to the estate and will provide a mechanism for the Trustee and the creditors to
determine the priority and amounts of the claims asserted by the various taxing authorities. This
transaction provides the estate the maximum cash that could be reasonably expected under the
circumstances.
14. The sale of the Debtor's assets as described in this Stipulated Motion out of the
ordinary course of business is permitted under§ 363(b)(1), Sale free and clear of liens is
authorized pursuant to Bankruptcy Code section 363(f) as the liens or purported liens on such
property have been fully convened to cash.
15. Upon the closing,the Encumbered Property owned by the estate shall be
transferred to the purchasers free and clear of all debts arising in any way in connection with any
• acts of the Debtors,claims(as defined in Section 101(5)of the Banlauptcy Code),obligations,
demands,liens,encumbrances, guaranties, options,rights,contractual commitments,restrictions,
interests and matters of any kind and nature(the"i.iens")arising prior to the closing date of the
transaction(the "Closing Date")or relating to acts occurring prior to the Closing Date,and
whether imposed by agreement understanding,law,equity or otherwise.
6
1155th619852.1
•
•
9. SuperYalu holds a first perfected security interest in the collateral described in
paragraph 8, subject only to the actual and potential prior security interest of Harmony Market
with respect to inventory at the Debtor's former location on Harmony Road,in Fort Collins,
Colorado,and to actual and potential senior liens of taxing authorities which have priority over
9uperV'alu pursuant to Colorado law.
10. The following liens and their approximate amounts constitute the only liens which
have or may have priority over the interests of SuperV alts and GE Capital with respect to their
respective collateral:
a. The Larimer County Treasurer has asserted a priority lien against the
Drake Real Estate due to the Debtor's alleged failure 10 pay real property taxes on such
property,for years 2000 and 2001,in the total amount of $175.799.38.
b. The Larimer County Treasurer has asserted a priority lien against personal
property in that county,in the amounts of$106,945.40 attributable to the Drake
Equipment and other personal property at that location(for years 2000 and 2001).
c. The Larimer County Treasurer has asserted a priority lien against personal
property in that county,in the amount of$22.481.48, attributable to personal property at
the Debtor's former location on Harmony Road in Fort Collins for tax year 2001.
d. The Boulder County Treasurer has asserted a priority lien in the Niwot
Equipment and other personal property at the Debtor's former location in Niwot,
Colorado, for tax years 1999, 2000,and 2001,in the aggregate amount of$4,816.0Q.
e The Weld County Treasurer has asserted a priority lien against personal
property of the Debtor in that county,attributable to the Windsor Equipment and other
personal property at that location;in the amount of$29.949.70,for tax years 2000 and
2001.
f. The Morgan County Treasurer has asserted a priority lien against personal
property of the Debtor in that county,attributable to the Fort Morgan Equipment and
other personal property at that location,in the amount of$9.503.56. for tax years 2000
• and 2001.
g. The Department of Revenue has also asserted a priority lien against all
personal property of the Debtor for unpaid sales taxes. After deduction for penalties,the
Department of Revenue's claim equals $109291.07. The Department of Revenue's
claim includes 514,284.89 of sales tax owing to the Town of Windsor,Colorado.
10. The taxes described in paragraph 11 are subject to 11 U.S.C. §724(b).
11. The parties seek authorization to undertake the following actions: (a) sale to GE
Capital free and clear of all liens all of the Debtor's assets in which GE Capital has a security
3
rlrr,1c679&52.r
interest;(b)sale to SuperValu free and clear of all liens alt of the Debtor's assets in which
SuperValu has an asset;(c)establishment of a tax lien fund(the "it Lien Fund")for the
purpose of converting to cash actual and potential senior tax liens against the transferred
property,with such cash to be contributed by Nash Finch, SuperValu, and Harmony Market,
subject to reservation of rights as to actual tax claims;and(cl)release of cash in the Segregated
Account established pursuant to prior Court Order to SuperValtL
12. Approval of the transactions described in the Stipulated Motion is in the best
interest of the estate and its creditors and all parties in interest. The proposed transactions arc
necessary to maximize the value of the estate in light of the substantial liens upon the property
described in the Stipulated Motion.
13. The terms and conditions of the proposed transactions are fair and reasonable,and
the purchase prices represent the highest and best offer for the assets and are fair and reasonable.
14. The proposed transactions were negotiated without collusion,in good faith,and
from arm's-length bargaining positions. The purchasers of the assets are buyers in good faith
and,as such,are entitled to the protections afforded by § 363(m) of the Bankruptcy Code. None
of the Parties has engaged in any conduct that would cause or permit the transactions
contemplated by the Stipulated Motion to be avoided under§ 363(n)of the Code.
15. The transfer of the assets described below are or will be legal,valid,and effective
transfers of property or rights of or to the assets and will vest the purchasers.
16. The transfers of the Encumbered Property are or will be legal,valid and effective
transfers of property or rights and vest or will vest each purchaser with good title to its portion of
the Encumbered Properly free and clear of all liens,claims,interests,and encumbrances under
section 363(1)of the Bankruptcy Code.
17_ The sale of the Encumbered Property does not and will not subject the purchasers
to any debts,liabilities,obligations,commitments,responsibilities or claims of any kind or
nature whatsoever,whether known or unknown,contingent or otherwise,existing as of the date
hereof or hereafter in arising,of or against the Debtors,any affiliate of the Debtors; or any other
person by reason of such transfers and assignments under the laws of the United States,any state,
territory or possession applicable to such transactions.
18. The relief requested in the Stipulated Motion is in the best interests of the
Debtor's estate and parties in interest.
NOW THEREFORE,IT IS HEREBY ORDERED,ADJUDGED,AND DECREED
THAT:
4
8135:'4791152.1
c
•
UNITED STATES BANKRUPTCY COURT
DISTRICT OF COLORADO AD OD pN
•
In ro JAN -8 .
STEELE'S MARKET, INC., Case No.01-11323 SB: L.s:g r�72
AN-z.. : YCp{raT
Chapter? U..; .���-„��<i_ �•
E.I.N.No. 84-0646892, DISTRICT or CCLnttf,p,, .
Debtor.
ORDER GRANTING STIPULATED MOTION TO SELL ASSETS FREE AND CLEAR
OF ALL LIENS PURSUANT TO BANKRUPTCY CODE SECTION 363(f)AND FOR
RELATED RELIEF
Upon the Stipulated Motion to Sell Assets Free and Clear of All Liens Pursuant to
Bankruptcy Code Section 363(f)and for Related Relief(the"Stipulated Motion")filed jointly on
December_,2001,by Jeffrey Weinman,interim Chapter 7 Trustee for Debtor Steele's
Market,Inc.(the"Trustee"), General Electric Capital Business Asset Funding Corporation("GE
Capital"),Nash Finch Company("Nash Finch"), SuperValu Holdings,Inc. ("SuperValu").
Harmony Market,LLC (")-larrnony Market"),and the Colorado Department of Revenue
("Department of Revenue"),(collectively known as the"Parties");and
Due notice of the Stipulated Motion has been given to all parties entitled thereto in
accordance with the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rule 202;
THE COURT HEREBY FINDS THAT:I
1. Steele's Market,Inc., (the"Debtor")filed its petition commencing this case under
Chapter 11 of the Bankruptcy Code on February 8,2001 (the"Petition Date"). The case has
been converted to Chapter 7, and Jeffrey Weinman has been appointed the interim Chapter 7
Trustee pursuant to 11 U.S.C. §701.
2, This Court has jurisdiction to hear and determine the Stipulated Motion pursuant
to 28 U.S.C. §§ 157 and 1334.
•
3. Determination of the Stipulated Motion is a core proceeding under 28 U.S.C. §§
157(b)(2)(A)and(N). The predicates for the relief requested in the Stipulated Motion are §§
105(a)and 363(1) of the Bankruptcy Code and F.RB.P.2002 and 6004.
4. Proper,timely,adequate,and sufficient notice of the Stipulated Motion has been
provided in accordance with§ 102(1)of the Bankruptcy Code,F.R.B.P. 2002 and 6004,the
'Findiaes of fact shall be construed as conclusions of law and conclusions of law shall be construed a findings of
fact when appropriate. See F.R.B.P.7052.
8[sr.r1619852.1 •
\
•
Court's order establishing an Objection Deadline of December 17,2001,and Local Bankruptcy
Rule 202. No further notice of the Stipulated Motion is required.
5. A reasonable opportunity to object or be heard regarding the relief requested in
the Stipulated Motion has been afforded to all interested persons and entities,including(a)all
parties who claim interest in or assert liens upon any of the assets at issue in the Stipulated
Motion;(b)the Office of the United State Trustee;(c)all appropriate federal,state,and local
taxing authorities;(d)all parties having filed a notice of appearance in this Chapter 7 case
pursuant to F.R.B.P.2002;(e)all other known creditors.
6. The assets of the Debtor's estate consist of, among other things,the following
property subject to the security interest or Deed of Trust of GE Capital,securing indebtedness of
approximately$9.1 million as of the petition date:
a The real property and improvements to such property at the Debtor's store on
Drake Road,in Fort Collins Colorado(subject to a Deed of Trust in favor of GE
Capital)(the `Drake Real Estate"). A legal description of the Drake Real Estate
is attached hereto as Exhibit A;
b. Equipment and fixtures at the Debtor's store in Drake, Colorado, (the"Drake
Equipment");
u. Equipment and fixtures at the Debtor's store in Fort Morgan,Colorado("Fort
Morgan Equinment");
d. Equipment and fixtures at the Debtor's store in Windsor,Colorado subject to a
security interest in favor of GE Capital(the"Windsor Equipment");and
e. Equipment and fixtures at the Debtor's store on Harmony Road,in Fort Collins,
Colorado subject to a security interest in favor of GE Capital (the"Harmony
Equipment").
7. With the possible exception of the Windsor Equipment, GE Capital holds a first
• priority perfected security interest or Deed of Trust,as the case may be,in the collateral
described above,subject only to the actual and potential senior liens of taxing authorities that
have priority over GE Capital pursuant to Colorado law.
8. The assets of the Debtor's estate also consist of,among other things,property
subject to the security interest of SuperValu,securing indebtedness of approximately 8540,000
as of the Petition Date(subsequently reduced by a Court-approved adequate protection payment
of$40,000):
•
a. Inventory at all of the Debtor's locations;
b. Equipment and fixtures at the Debtor's store in Niwot,Colorado(the
"Niwot Equipment")(the property described in paragraphs 6 and 8 are collectively
referred to as the"Encumbered Property").
2
UM:1679852.1
PUBLIC SERVICE COMPANY OF COLORADO •
P.O.BOX 840
ti XcelEnergysM 8001 ,C0
• 1800)481-4700
Pep 1 oil
`'Customer Name :.Service Address • Due Dale Account No. ' Amogiit.Due
DICKENSHEET&'ASSOCIATES 309W MOUNTAIN AVE Feb 25,2002 8701229158 $7UA1
FT C0LLINS,CO 80521.2701
AccountActiviry Previous Balance •Y 50.00
Date o Bill Feb 12,2002 ` Total Amount of Payments..., £.0.00
Number ofo(Payments Received 0
Number of Days in Billing Period 5 Balance Forward '10.00
+Current Bill ;70,81
• Current Balance. • . . . 570.81
Gas service - Account Summary .
Meter No. 482828 Commercial .
Rate - CG-T Commercial Distribution System ..09769 •
Current Reading 52849 01/28/2002 Natural Gas :27010
Previous Reading 52748 01/23/2002 Interstate Pipline ,0713Q
Measured Usage 101 Subtotal 98 x 44809 ' $43.92
' Therm Multiplier 0.9707
ThermsUsed 98 • :-
Metering&Billing• $2.93
Franchise Fee . . $0.77
Sallie Tax $3.19
Subtotal 550.81
Miscellaneous Charges - Account Summary 520.00
' TURN ON SERVICE
Comparison Information
P Billing Period - •Therru,Usage Avg:De i
Gas 65U.81 per month $10.18 per day Ibis Year 93 ., tE 4 .31' Tr
Lest Year . U. ., . :•.ail': 2Be. E
CustomerNiessages t . .
THIS CLOSING STATEMENT IS BASED ON AN ACTUAL METER READING TAKEN AFTER YOUR DATE:REQUESTED FINAL SERVICE YOURBIL4. c
HOWEVER,HAS BEEN ADJUSTED TO REFLECT YOUR USE ONLY THROUGH THE DATE YOU REQUESTED._ i
THIS CUSTOMER HAS MAINTAINED AN EXCELLENT PAYMENT HISTORY WITH OUR COMPANY THISMAYBEUSEOASACREDITREFERENCE. e
THIS STATEMENT REFLECTS A FINAL BILL ON YOUR ACCOUNT. Il . '
e
g
Plan.Cunl U Nu Wm'b Del,mm.,am u.Ma'mown with Yom YOYmunl.Mal Your Oink Mall n XCEL ENERGY
000000070818701229156011
limliiinuillnillitinilsollmll lYliLonidlltill Account Number 8701229156XCEL ENERGY Pn BOX 91002 Feb-
25,70D2
AMARILLO TX 79120-6002 Payment Due by
Amount Enclosed S
AV 01 003807 827488774 A"5n2T Amount Due $70.11
llullll,1,ill.IullllIlllrltlluIllliIlirirdlll tIiiri1 Iill
DICKENSHEET 8 ASSOCIATES
1601 W WESLEY AVE
DENVER,CO 00223-4238
It I
T„ ti � ' S"ti j ._..7Nl Y14 CER:E9 --.. 21'' ,;�'�"'ADVUTISEA fIiENI MAMf
8 z o Y , .._...
1, < ' 4T,e.R,N,M,•�A 01/01/02 TO 01/31/022 DICKENSHEET & ASSOCIATES _
rn - --NA M# -.--.._ X 1 LANDM„f ouc ( •0 PPI LED AuaiNr 9� VRM OP 'Midriff
i. '"•'�I�IIYIk • ��9097,20 0.00 DUE 02/15/02
&WS PAPER AGENCY „N „r AMDU„, DUE ,,, iu OPs___,___ GO OSY5 0 LtQ c�I .
0.00 0.00
.n nn,TR nm.>u nxar`uoL.4l.�..w. 9097.20 0.00
LBILLING D<R J BATED ACCOUNT NAME AND AOPMeS$ tI_— REMITTANCE ADDRESS �
02/01/02
LIED ACCT R
FLIED DICKENSHEET & ASSOCIATES DENVER NEWSPAPER AGENCY
084420000 1501 W WESLEY AVE DEPARTMENT 485
DENVER CO 80223 . DENVER. CO 80281-0485
•
Ill AEWERTISENCLIENT NUMBE0.
, 084420000 __...-
•
0844200006 0000000000 0000000000 14800201312 000090972056
•
. • w .
ADVERTISING INVOICE AND STATEMENT
PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE
-REMITTANCE
1 ^.- _ _ --ry .-__. ITIM 5L1 I� TYNIQfUN lB GRUES RI.QUNT'll�„Er AMOUN
ICI OAT( ICI .vEwSGAi2R RCifR='.:f_ 4 1 I. OE.CNlf 1'4N-CO-MMfnI.•.'CnAP.4E3 ___L
01/16 5999 HOOKS 2 X 56 2
01/20 DICKENSHE CUSS 003824585A al' 1
042648001 01/16-01/16 CACA / 1 1 112 4.30 481.60
2X INSERTION DISCI 48.16- 433.44
042648002 01/20-01/20 CACA 1 1 112 5.20, 582.40 •
2X INSERTION DISC 58.24- 524.16
_ -
01/20 5450-STEELES ---`----Tr 70 2 •
-_
01/23 DICKENSHE• . CLSS 048822001 01/20-01/2095 A`5 1
CACA I1 1 140 5.20 728.00
2X INSERTION DISC 5` 72.80- 655.20
048822002 01/23-01/23 CACA 1 1 140 4.30 602.00
02.00- 541.80
• 2X INSERTION DISC 1- -..-•01/23---..------------___----5g8 STEELES `S .----------- 2 X 98 2
01/27 DICKENSHE CLSS 003843958A ;4' 1
061045001 01/23-01/23 CACA 5 1 1 196 4.30 842.80- 758.52
2X INSERTION DISC
061045002 01/27-01/27 CACA 1 I 196 5.20 10019.200_ 917.28
2X. INSERTION DISC 1
01/27 5455LFEB2--
�• _ -
-- _`%I --'2 X 56 "'�'2
01/30 DICI •2 u- 03862026A * 1
066364001 -01/27-01/27 CACA ,;, F1 1 112 5.20 582.40
2X INSERTION DISC IIEN:• 58.24- 524.16
•
066364002 01/30-01/30 CACA ` 1 1 112 • 4.30 481.60
2X INSERTION DISC 48.16- 433.44
NAAA IA.AA CLSS SUBTOTAL 9097.20
JANUARY BILLING PERIOD GROSS LINES 2128
TOTAL ADVERTISING
9097.20
•
AGING OF PAST DUE AMOUNTS
_ • -
EI CURRENT NEi uIOUNT PIE 12! 30 DAYS CO DAYS ,,,_,__„ ,HYEB.PA.OAYE • UNAPPLIED AMOUNT• 23 TOTAL AMOUNT DUE
9097.20 0.00 0.00 __ 0.00 0.00 • "- • 9097.20
DENVER NEWSPAPER AGENCY 400WNEtCBNNN Anemic.Denver GO 80204
• TEL I3O01Ba2.5008 FAX:(30 2)882.20e3 FED.ID a4.1531011
_UNAPPLIE0 AIv1Q•I)NT$ARE INCL UDED N TOTAL AMOUNTJJUE
241 251 ADYERliSEA in!SRMATION
I I BitIM PENIOD 6I GILLED ACCOUNT nuMBER .47 AOVERIISCR/CLIENT „UMBER J ADVERTISER/CLIENT NAME _
568 P2 01/01/02 TO 01/31/02 084420000 _ 084420000 DICKENSHEET & ASSOCIATES
•
.•ALL BILUMO OISCREPANCIES MUST BE.BR000HT TO THE ATTENTION OF THE ADVERTISINO DEPARTMENT WITHIN 60 DAYS:,
OF mg BILLING DATE, REQUESTS FOR ADJUSTMENTS RECEIVED AFTER 60 DAYS WILL NOT BE ACCEPTED
i_ T I ` yYy PLEASE 60NTAOT:YOUR ADVERT IMO REPRESENTATIVE ORTHE OUSTOI.iER SERVICE DEPARTMENT AT.iO2 .8G2'+30a r7 ;0r';-.:;.
c - '--' _ _____________'____---_________—__>
DICKENSHEET & ASSOCIATES, INC.
1501 W WESLEY AVENUE
DENVER, COLORADO 80223
LIST OF REGISTERED BUYERS FOR STEELE'S MARKET SURPLUS
01/24/02 Page 1
BUYf# NAME ADDRESS CITY ST ZIP PHONE
1 THE RIGHT MOVE 2649 E MULBERRY FT COLLINS CO 80524 970-221-3377
2 WOODYS CONTINENTAL 2226 N WAHSATCH CO SPRINGS CO 80907 719-632-0550
3 DAVID W COOK 1832 E 17 ST GREELEY CO 80631 970-356-2564
4 HUMBERTO CRUZ 1737 EFFINGHAM FT COLLINS CO 80526 970-218-2924
5 BARB HARNER 3019 MILNER CT FT COLLINS CO 80525 970-662-0026
6 ALBERT PIT BARBECU 603 GILGALAD WY FT COLLINS CO 80526 970-480-1843
7 KRAFTS BOX 392 WINDSOR CO 80550 970-674-1414
8 SHARYL JORDANGER 2901 BLUEGRASS FT COLLINS CO 80524 970-993-6741
9 ALIDAS FRUITS 3402 C1/2 RD PALISADE CO 81526 970-434-8769
10 COLORADO STATE UNI 1005 W LAUREL FT COLLINS CO 80523 970-491-4712
11 GRIZZLY CREEK SOUR 1115 S GARFIELD LOVELAND CO 80537 970-667-6960
12 TODDYS 2400 16 ST GREELEY CO 80634 970-356-2468
13 CLAUDIA SCHIMERT DENVER CO 80217 303-691-0278
14 WILMA STARK 3943 WCR 7 ERIE CO 80516 303-828-4097
15 HAWA SALES & SERVI 3990 FOX ST DENVER CO 80216 303-455-5243
16 KATHY MILLER 307 BOWLINE CT FT COLLINS CO 80525 970-223-1442
17 ANDERS FARM 251 DONNA ST FT LUPTON CO 80621 303-857-6321
18 MIKE & LISA CULEY 3334 SILVER OAK FT COLLINS CO 80526 970-204-1051
19 CANTINA LIQUORS PO BOX 629 WELLINGTON CO 80549 970-568-9596
20 JERRYS MARKET 513 14 AVE GREELEY CO 80631 970-352-1058
21 JOHNSTAY KERNEN 14 CHESTNUT ST WINDSOR CO 80550 970-686-9384
22 BEAVERS MARKET 1100 W MOUNTAIN FT COLLINS CO 80521 970-484-2243
23 JOANNE PERNA 37369 LEE LAKE WINDSOR CO 80550 970-686-5447
24 ST JOSEPHS SCHOOL 127 HOWES ST FT COLLINS CO 80521 970-482-4148
25 GEORGE TRYON 37006 ST HWY 25 WINDSOR CO 80550 970-686-7672
26 HUBERTO WEBER 2415 E 88 AVE THORNTON CO 80229 303-853-9590
27 PAT MCNANEY DOMINI 225 SEQUERIA CR WINDSOR CO 80550 970-674-5006
28 BUCKHORN CAMP 2120 COUNTY RD BELLVUE CO 80512 970-484-2508
29 B&K ENTERPRISES 133 COLUMBINE FT COLLINS CO 80525 970-689-4503
30 FRONT RANGE EQUIPM 9040 N COUNTY R FT COLLINS CO 80524 970-
31 NATURAL BRIDGE 502 S COLLEGE A FT COLLINS CO 81524 970-416-0644
32 J SALES 1014 S JASON ST DENVER CO 80223 303-880-9086
33 BILL DELLENBACH 1404 43 AVE GREELEY CO 80634 970-226-3100
34 FT MORGAN COUNTRY 823 WALNUT ST FT MORGAN CO 80701 970-869-5638
35 IMU TEK 3541 E VINE DR FT COLLINS CO 80525 970-493-7033
36 RHYTHMS MUSIC HODS 334 MOUNTAIN AV FT COLLINS CO 80524 970-980-7765
37 SILVER GRILL CAFE 218 WALNUT ST FT COLLINS CO 80524 970-484-4656
38 DAYLIGHT DONUTS 1720 W MULBERRY FT COLLINSH CO 80526 970-493-9655
39 LA LUZ MEX GRILL 2008 WALNUT ST FT COLLINS CO 80524 970-493-1129
40 OLD HEIDELBERG PA 1109 S TEJON CO SPRINGS CO 80903 719-536-0979
41 MARK MANGES 2006 RIDGEWOOD FT COLLINS CO 80526 970-484-5635
DICKENSHEET & ASSOCIATES, INC.
1501 W WESLEY AVENUE
DENVER, COLORADO 80223
LIST OF REGISTERED BUYERS FOR STEELE'S MARKET SURPLUS
01/24/02 Page 2
_>
BUY# NAME ADDRESS CITY ST ZIP PHONE
42 LUTHER MOCK 158 118 AVE CT GREELEY CO 80634 970-356-4944
43 DOUBLE J SIGNATURE 13784 HWY 14 AULT CO 80610 970-834-9725
44 TRIVET KNOWLEDGE 3608 ADENA CT LOVELAND CO 80538 970-593-1507
45 AYN NESBITT PO BOX 9925 DENVER CO 80209 303-937-1804
46 PEDERSON BROS CONS 3739 N CTY RD 1 FT COLLINS CO 80524 970-484-1629
47 FOOD BANK FOR LARI PO BOX 2221 FT COLLINS CO 80522 970-493-4477
48 MANUEL LANDA 140 S DEPEW ST LAKEWOOD CO 80226 303-201-5816
49 OUTFITTERS 2198 S PLATTE R DENVER CO 80223 303-698-1967
50 ROCKY MOUNTAIN EQU 1125 W CUSTER P DENVER CO 80223 303-
51 MICHELLE CHOCOLATI 122 N TEJON ST CO SPRINGS CO 80903 719-633-5089
52 JEFF PALAMBO 14900 WCR 21 PLATTEVILLE CO 80651 303-785-2372
53 DANIEL ROBINSON 110 N LOOMIS AV FT COLLINS CO 80521 970-484-9076
54 BBQ INC 151 S COLLEGE A FT COLLINS CO 80524 970-484-7427
55 TJ ENGINEERING 937 SHIRE CT FT COLLINS CO 80526 970-490-1958
56 RIVERSON WALDORF S 4536 EAGLE LITE FT COLLINS CO 80524 970-495-0858
57 BINGHAM HILL CHEES 1716 HEATH PKWY FT COLLINS CO 80524 970-472-0702
58 BRONZ TANZ 1115 W PROSPECT FT COLLINS CO 80526 970-407-8269
59 PLATTE RESTAURANT 300 W 53 PL A DENVER CO 80216 303-299-9131
60 CONEY ISLAND EXPRE 908 FOOTHILLS C WINDSOR CO 80550 970-686-2389
61 WOLF CONSTRUCTION PO BOX 1242 LAPORTE CO 80535 970-567-1895
62 HUGO CABALLERO 626 S COLLEGE A FT COLLINS CO 80524 970-416-0265
63 REV ENTERPRISES 255 E MONROE FT COLLINS CO 80521 970-229-9900
64 ODELL SUPERES WRAY CO 303-644-3444
65 SADDLE POCKET 19255 WCR 88 PIERCE CO 80650 970-834-1534
66 ROGER MORGAN 1615 COUNTRY CL FT COLLINS CO 80524 970-493-2121
67 GALLEGOS SANITATIO 1104 W VINE FT COLLINS CO 80521 970-218-2987
68 LASALLE CLASSIC LI 536 N 2 ST LASALLE CO 80645 970-284-5767
69 KASEL MECHANICAL PO BOX 177 DENVER CO 80216 303-
70 GREG ROGERS 2707 WORTHINGTO FT COLLINS CO 80526 970-
71 CATERING FOR ALL 0 1024 E 16TH LOVELAND CO 80538 970-667-4699
72 DONALD WROBLEWSKI 19457 WCR 9 HUDSON CO 80642 303-
73 DOODLE BUGS 119 W BEAVER FT MORGAN CO 80701 970-867-2800
74 ANTHONY GORKOWSKI 301 PARK PL LOVELAND CO 80525 970-
75 PASQUINIS 1710 S BROADWAY DENVER CO 80203 303-698-9393
76 JAX INC 1200 N COLLEGE FT COLLINS CO 80524 970-
77 DOOLEY EQUIPMENT 5745 MONACO PKW COMMERCE CITY CO 80022 303-321-4422
78 DEANN PUJOL 2643 BLACKSTONE FT COLLINS CO 80525 970-223-7380
79 VFW 1781 603 LESSET FT COLLINS CO 80525 970-493-9909
80 DAVE BARRIO 1809 CANNES CT FT COLLINS CO 80524 970-214-3509
81 MACRO INC 2519 S SHIELDS FT COLLINS CO 80526 970-204-1004
82 R SCOTT MILAN 209 N LINK LN FT COLLINS CO 80524 970-498-0662
•
G -- - ..... sass -- -- >
DICKENSHEET & ASSOCIATES, INC. •
1501 W WESLEY AVENUE
DENVER, COLORADO 80223
LIST OF REGISTERED BUYERS FOR STEELE'S MARKET SURPLUS
01/24/02 Page 3
________'________... .---------- ---- --- _>
BUY# NAME ADDRESS CITY ST ZIP PHONE
83 TASTEBUDS 1624 LEMAY 4 FT COLLINS CO 80525 970-494-4501
84 KEN DURAND 211 E SIMPSON LAFAYETTE CO 80026 303-665-0360
85 KWIK KONNEN 112 DAWSON LONGMONT CO 80501 303-581-8150
86 R KISER 7681 CANTERY BU BOULDER CO 80301 303-
87 SCOTT MILLER 25290 WCR 74 EATON CO 80615 970-454-3014
88 TOM ANDERSON 123 N COLLEGE A FT COLLINS CO 80524 970-484-6600
89 AF RACE INC DENVER CO 80217 303-
90 COLORADO ENGINEERI 54043 CO RD 37 NUNN CO 80648 970-897-2711
91 SAWA MEAT & SAUSAG 3206 WADSWORTH WHEATRIDGE CO 80030 303-462-0412
92 LINDA ARNETT 634 MATHEWS A4 FT COLLINS CO 80524 970-498-7071
93 TERRY CORMAN 3525 E CO RD 30 FT COLLINS CO 80528 970-
94 BAKERS CHOICE 208 CLAYTON ST BRUSH CO 80723 970-842-2225
95 LZD' S 6885 W CHATFIEL LITTLETON CO 80125 303-683-6897
96 CHERYL MUGET 2642 BROOKWOOD FT COLLINS CO 80525 970-223-1533
97 DAVID BLESSING DENVEF CO 80211 303-
98 JOHN STEVENS 837 FOXTAIL ST FT COLLINS CO 80524 970-
99 GIBBS BAGELS 3722 WINDHAM ST FT COLLINS CO 80526 970-
100 FOWLER RESTAURANT 1125 W PLATTE R DENVER CO 80223 303-
101 GLENN GIBSON 2900 VIRGINIA D LOVELAND CO 80538 970-498-7003
102 BERNARD POST 4301 LANCE DR LAPORTE CO 80535 970-
103 JTA INC 2040 AIRWAY AVE FT COLLINS CO 80524 970-221-4230
485 SCHMIDTS BAKERY 806 14 ST SW LOVELAND CO 80537 970-667-9811
985 COOKIES BY DESIGN 220B MAIN ST WINDSOR CO 80550 970-674-1721
DICKENSHEET AND ASSOCIATES, INC.
1501 W WESLEY AVENUE
DENVER, COLORADO 80223
(303) 934-8322
are«*****e***
CONSIGNOR SETTLEMENT SHEET
DATE: 01/24/02
SALE: STEELE' S MARKET, MOUNTAIN PROPERTY
CONSIGNOR: JEFF WEINMAN, TRUSTEE
UNITED STATES BANKRUPTCY COURT
STEELE'S MARKET
1
GROSS AMOUNT SOLD AT AUCTION $ 38, 814.00
REGULAR COMMISSION $ 3, 881.40
NO SALE COMMISSION 0 .00
ADVERTISING AND PROMOTION:
FORT COLLINS COLORADOAN 518 .96
ROCKY MOUNTAIN NEWS, POST 1, 197 .00
ADDITIONAL EXPENSES :
XCEL ENERGY 70 .81
LITTLE JOHNNIES, TOILETS 170 .00
AUCTION SET UP 480.00
PURCHASES DEDUCTED (inc. tax) 0 . 00
PAYMENTS RECEIVED 0 . 00
TOTAL DEDUCTIONS AND EXPENSES $ 6, 318 . 17
NET AMOUNT TO SELLER $ 32,495.83
THANK-YOU FOR SELECTING
DICKENSHEET AND ASSOCIATES, INC.
I
•
c,
ITEMS SOLD BY CONSIGNOR NO.
***********
DATE : 01/24/02
CONSIGNOR k 1 : STEELE' S MARKET ESTATE
JEFF WEINMAN, TRUSTEE
LOT NO. ITEM BUYER NO. QUAN ® TOTAL
1 . 0 COMPUTER WORKTABLE 73 1 .00 32 .50 32.50
1 . 2 LOCKERS 97 1.00 10.00 10. 00
2 . 0 TRASH BIN 64 1. 00 25 .00 25.00
3 . 0 NARROW FILES 46 1. 00 115 .00 115.00
3 . 0 HEAT LAMP 16 1 .00 5 .00 5.00
4. 0 DESK 44 1.00 5. 00 5.00
5. 0 DISPLAY UNIT 76 1.00 130 . 00 130 .00
10.0 FILE 64 1.00 5.00 5.00
11.0 CABINET 14 1.00 2 .50 2 .50
12 . 0 SCANNERS SCALE 64 1 .00 300.00 300.00
14 . 0 PRINTER MONITOR 46 1. 00 2 . 50 2 .50
16.0 TRASH REC 46 1 .00 12.50 12 .50
18.0 PLASTICS 2 1.00 27.50 27.50
21. 0 DISP PLASTIC 2 1 .00 27. 50 27.50
22. 0 RACK 64 1.00 135.00 135.00
24. 0 WHITE RACK 73 1.00 2 . 50 2 .50
25.0 BLACK PLASTIC 64 1.00 40.00 40. 00
27.0 PANS 97 1.00 50 .00 50 .00
28.0 SEC MIRRORS 100 1.00 5 .00 5.00
31. 0 RACKS 62 1. 00 10 .00 10.00
33. 0 STAR TWO BURNER STAND 4 1. 00 140.00 140.00
35. 0 AMANA RRANGE 62 1. 00 95. 00 95.00
36.0 WARMER POT 89 1. 00 10 .00 10.00
37.0 HOBART SLICER 43 1.00 900. 00 900.00
38.0 HOBART 1712 64 1.00 800 .00 800. 00
39.0 SLICER 1712 64 1.00 500.00 500.00
40.0 HOBART SLICER 100 1.00 475. 00 475.00
41.0 HOBART 3100 64 1.00 1000.00 1000.00
42 .0 MAX PACKNER 91 1 .00 45.00 45.00
43.0 HC MACHINE 64 1 .00 15.00 15.00
44 .0 DUAL COFFEE 100 1 .00 25.00 25.00
45.0 HEATER 62 1 . 00 7.50 7.50
46.0 BUNN MAKER 86 1 .00 90.00 90.00
58.0 CASE 100 1 .00 • 25.00 25.00
59.0 BAKE PANS 69 1 .00 5.00 5.00
61.0 CARD RACK 46 1 .00 25.00 25.00
62.0 DESK 46 1 .00 2 .00 2 .00
64,0 SAFE 102 1 .00 32 .50 32.50
66.0 PALLETS 64 4 . 00 150.00 600.00
66. 1 PALLET 97 4 .00 150.00 600.00
66.2 PALLETS 64 1 . 00 25.00 25.00
..
ITEMS SOLD BY CONSIGNOR NO.
DATE : 01/24/02
CONSIGNOR # 1 : STEELE'S MARKET ESTATE
JEFF WEINMAN, TRUSTEE
LOT NO. ITEM BUYER NO. QUAN ® TOTAL
70 .0 FILTER PUMP 14 1 .00 25 .00 25.00
71 . 0 CHESTER FRYER 46 1.00 10 .00 10.00
73 . 0 DIP STATION 64 1 .00 40. 00 40.00
75 .0 PORT RACK 100 1 . 00 5. 00 5 .00
76 . 0 STACK OVEN 100 1 . 00 325 .00 325.00
77 . 1 PALLET ITEMS 64 1 . 00 75.00 75.00
78. 1 DISPLAY GREEN 44 1 . 00 5 .00 5.00
78 .2 PALLET 64 4 . 00 130 .00 520.00
78.3 PALLETS 97 1 . 00 130 .00 130.00
78 .4 PALLET 46 1. 00 100 . 00 100.00
80.0 PALLET SHELF 46 1. 00 5 . 00 5.00
84 . 0 HOBART 5 1 .00 5 .00 5. 00
84 .1 HOBART TENDERIZER 64 1.00 170 . 00 170. 00
84 .2 SHELVES 97 1.00 320 . 00 320.00
84 .3 RACKS 64 2 .00 260.00 520.00
86 .1 RACKS 64 1.00 200.00 200.00
89. 0 HUSSMANN FREEZER 4 1.00 210.00 210 . 00
100.0 TWO RACKS 46 1.00 5.00 5.00
103 .0 METAL RACK 2 1.00 12 .50 12 .50
104 .0 JACK 35 1.00 10.00 10.00
104 . 0 SHELVING 46 1 . 00 2 . 50 2 .50
105 .0 PALLET 73 1.00 5.00 5.00
106.0 DISPENSER 99 1.00 140 .00 140.00
107 .0 DISP UNIT 59 1.00 300.00 300.00
108.0 BAKERY CASE 5 1.00 450 .00 450.00
109. 0 PALLET 69 1.00 2 .50 2 .50
110.0 WOOD RACK 100 1 .00 27.50 27 .50
111.0 LEGS 73 1 .00 5.00 5.00
112 .0 PUMP 46 1.00 5.00 5.00
114 .0 TUB RACK 37 1 .00 27.50 27.50
115.0 TUB RACKS 20 1 .00 7.50 7.50
118 .0 BB TAP.1:E 37 1.00 190 .00 190.00
119.0 SINGLE RACK UNIT 4 1 .00 35.00 35.00
120. 0 RACK 2 SECT 22 1 .00 10.00 10.00
122 .0 SINGLE RACK 31 1 .00 5.00 5.00
122 .1 RACK 3 SECTIONS 62 1 .00 120 .00 120.00
125 .0 MAG RACK 97 1 . 00 2 .50 2.50
126 . 0 3 DR WHITE HUSSMANN 5 1 .00 200.00 200 .00
128 . 0 RACKS 16 2.00 25 .00 50.00
130.0 M RACK 4 1 .00 25 .00 25.00
131.0 MEAT RACKS 46 2. 00 15 .00 30.00
ITEMS SOLD BY CONSIGNOR NO.
DATE : 01/24/02
CONSIGNOR # 1 : STEELE'S MARKET ESTATE
JEFF WEINMAN, TRUSTEE
LOT NO. ITEM BUYER NO. QUAN ® TOTAL
132 . 0 RACK 31 1.00 25 . 00 25.00
133 . 0 RACK 39 1.00 25 . 00 25.00
134 .0 BLACK RACK 9 1.00 2 . 50 2 .50
135.0 VACUFRESH 91 1.00 350. 00 350.00
137 .0 DOUGLAS WASHER 40 1 .00 2200.00 2200.00
138 . 0 BB TABLE 86 1 .00 80.00 80.00
140 . 0 TUB RACKS 64 3 . 00 27.50 82 .50
143 . 0 GONDOLA SHELVES 97 1 .00 10.00 10.00
144 . 0 BAKERY ORGANIZER 2 1 . 00 47.50 47.50
147 .0 FILE 43 1 .00 2 .50 2.50
148 . 1 CART 16 2 .00 25.00 50.00
148.2 CART 97 2 .00 25.00 50.00
148.2 CART 43 2 .00 25 .00 50.00
150 .0 MENU CHALKBOARD 45 1. 00 37 .50 37.50
150 .0 VEG DISP STAND 97 6 . 00 40.00 240.00
152 . 0 RAETONE 3 DR 35 1.00 500 .00 500 .00
153 . 0 DISPLAY UNITS 99 2 . 00 50. 00 100 .00
154 . 0 CART 97 1 .00 10 . 00 10 .00
155 . 0 HUSSMANN DISP CABINETS 5 2 . 00 300. 00 600 .00
157 . 0 LOCKERS 5 4 . 00 35 .00 140.00
161 . 0 GLASS CASE 5 1 . 00 25 . 00 25 . 00
162 .0 ALTO SHAAM 77 1 . 00 1200 .00 1200 .00
163 .0 WARMER BOX 100 1. 00 30.00 30.00
164 . 0 DELPIELD PREP UNIT 27 1 . 00 375 . 00 375 .00
165. 0 BROILER 30 1 .00 100 . 00 100.00
166. 0 REF GRILL STAND 100 1 .00 175. 00 175.00
166 . 0 RACK PANS 98 1.00 30 . 00 30.00
167. 0 SHOP CARTS 69 1. 00 600 . 00 600 .00
169. 0 HOBART GRINDER 64 1 . 00 625 .00 625.00
170 . 0 ISLE SIGN 44 1. 00 2 .50 2 .50
171 . 0 HOBART GRINDER 12 1. 00 750 . 00 750.00
172 . 0 BTRO GRINDER 61 1.00 275. 00 275.00
173 . 0 HOBART ?KG MACHINE 5 1. 00 50 . 00 50.00
174 . 0 BERKEL B BOY MIXER 15 1 .00 450. 00 450.00
175.0 FORTUNA DIVIDER 77 1.00 100.00 100.00
177.0 ER AUTOMAT 10 1.00 550 .00 550.00
177. 0 EXT LIGHTS 65 1.00 12.50 12 .50
178.0 ICE CREAM DIP UNIT 76 1.00 130.00 130.00
179. 0 SCOTSMAN ICE MACHINE 5 1.00 425.00 425.00
180. 0 ROSS TEMP ICE 34 1.00 25.00 25.00
181. 0 CRYSTAL TIPS ICE 69 1.00 50.00 50.00
ITEMS SOLD BY CONSIGNOR NO.
xxxxxxxxx+x
DATE : 01/24/02
CONSIGNOR # 1 : STEELE'S MARKET ESTATE
JEFF WEINMAN, TRUSTEE
LOT NO. ITEM BUYER NO. WAN ® TOTAL
182 .0 MANITOWOC 400 ICE UNIT 68 1.00 290 . 00 290. 00
183 .0 MANITOWOC ICE UNIT 69 1.00 225 . 00 225. 00
185.0 ELECTRIC JACK 35 1.00 500 .00 500.00
186 . 0 P JACKET 69 1 . 00 10 . 00 10. 00
187 .0 12 ' LADDER 33 1 . 00 180 . 00 180.00
188. 0 ORANGE JACK NEED REPAIR 43 1 .00 85 .00 85.00
189.0 SMALL SERVE UNIT 58 1 .00 5 .00 5.00
190 . 0 TABLE NO SHELF 43 1. 00 170 . 00 170.00
191 . 0 APW TOASTER 73 1 . 00 35 . 00 35.00
192 . 0 HATCO TOASTER 64 1 . 00 130 .00 130.00
193 .0 PAPER CUTTER 8 1.00 20 .00 20 .00
194 .0 S/$ TABLE NO SHELF 64 1 . 00 160 .00 160.00
195 .0 WARM UNIT 100 1 .00 40 . 00 40.00
196 .0 Ss TOP TABLE 64 1 . 00 60 . 00 60.00
197. 0 WARMER WELL 100 1. 00 30 . 00 30.00
199. 0 GAL TABLE 64 1 . 00 110 . 00 110.00
200 . 0 WARMER DRAWER 100 1 . 00 25 . 00 25.00
201. 0 FATIGUE MATS 14 1 . 00 22 . 50 22.50
203 .0 MITA DC4585 62 1.00 30 . 00 30.00
204 .0 BAGEL DISPENSER 77 1 .00 65 .00 65 , 00
205. 0 BAKERY CASE 59 1 . 00 25 .00 25.00
206 .0 HUSSMANN ICE COOLER 64 1 . 00 250 .00 250.00
207 .0 HUSSMANN COOLER 64 1 . 00 150 .00 150 .00
208 .0 JUSSMANN ICE COOLER 58 1 .00 225 . 00 225.00
210 .0 S/S TABLE NO SHELF 43 1 .00 250 . 00 250 .00
212 .0 OPEN SMALL FREEZE CASE 5 1 . 00 22 . 50 22 .50
213 . 0 TABLE CHAIRS 59 1 .00 5 .00 5 .00
215 .0 BAKERS AID PROOF BOX 5 1. 00 300 .00 300 .00
216 .0 TOP TABLE NO SHELF 4 1 .00 220.00 220 .00
217 .0 S/S TOP TABLE 38 1 .00 240 .00 240 .00
218 .0 S/S TOP TABLE 37 1 .00 240.00 240 .00
219.0 DRAIN TABLE 9 1 . 00 80 .00 80 . 00
220 .0 GENERATOR 77 1 .00 850 . 00 850 .00
221. 0 OVEN 5 1 . 00 5 .00 5 .00
222 .0 SCALE 5 1. 00 10 .00 10 .00
223 .0 CYLINDER 15 1 . 00 15. 00 15.00
224 .0 HUSSMANN DISPLAY 5 1. 00 10 .00 10 .00
225.0 LOW RIDER SET S/S 44 1 . 00 2 . 50 2 .50
226. 0 PALLET SHELF 48 1 . 00 90 .00 90.00
227 .0 HD PALLET RACK UPRIGHTS 7 1. 00 350 .00 350.00
228 . 0 PALLET JACK 5 1 .00 225 .00 225.00
ITEMS SOLD BY CONSIGNOR NO.
***********
DATE : 01/24/02
CONSIGNOR # 1 : STEELE'S MARKET ESTATE
JEFF WEINMAN, TRUSTEE
LOT NO. ITEM BUYER NO. QUAN U TOTAL
229.0 PALLET JACK 35 1 .00 300 .00 300.00
230 .0 HUSSMANN C/OUT COUNTER 77 1 .00 10.00 10.00
232 .0 YELLOW LOCKERS 4 1 . 00 20 .00 20. 00
233.0 SOUND SYSTEM 31 1 .00 210.00 210.00
234.0 DRYER 58 1 .00 50 .00 50. 00
235.0 ADVANCE FLOOR 33 1 .00 250.00 250.00
236 . 0 MAGIC CHEF REF FREEZER 38 1 .00 7.50 7.50
237.0 GE REF FREEZER 69 1 .00 7.50 7,50
238 .0 VACUUMS 42 1.00 10.00 10. 00
239. 0 RACKING 58 1 .00 5 .00 5.00
241.0 RACK 62 1 .00 5. 00 5 . 00
242.0 TRASH CANS 4 1.00 18.00 18. 00
243.0 POWER VAC 40 1 .00 70 .00 70.00
244 .0 RACK 46 1 .00 15.00 15.00
246 .0 RONDO SEEWER 10 1.00 30 .00 30.00
247.0 OLIVER SLICER 10 1.00 475 .00 475.00
247. 1 OLIVER SLICER 5 1 . 00 200.00 200 .00
248. 0 WOLF GRIDDLE STAND 100 1 . 00 100.00 100 .00
249. 0 3 COMPT SINK 64 1 . 00 575. 00 575 .00
250. 0 JAN CART 64 1 . 00 55.00 55.00
261 . 0 SCALES 33 2 . 00 25 .00 50 .00
263 . 0 SCALE 33 1 . 00 30 .00 30 .00
264 . 0 DELFIELD PREP UNIT 38 1. 00 1400 .00 1400 .00
265.0 HOBART FILMMIZER 5 1. 00 300 .00 300 .00
266. 0 SHRINK WRAPPER 5 1 .00 20 . 00 20 .00
267. 0 S/S TABLE CPS 64 1.00 370 .00 370 .00
267.1 FUNNEL 91 1.00 5. 00 5.00
268.0 HOBART 50 1.00 800.00 800. 00
269.0 SCALE 31 1.00 35.00 35. 00
270. 0 TOM TAMA CDB 38 1. 00 60. 00 60. 00
271 . 0 CONTENTS MISC CLOTH 38 1.00 50. 00 50.00
272.0 S/S TABLE NO SHELF 64 1.00 150 .00 150.00
273 .0 SS TOP TABLE 97 1.00 140 . 00 140.00
274 .0 DISPENSER 2 1.00 5 .00 5. 00
275. 0 S/S TOP SMALL TABLE 64 1.00 110.00 110 .00
278.0 CART 2 2.00 10.00 20.00
280.0 1/2 RACK 100 1 .00 15.00 15.00
281.0 RACKS 64 1 .00 250.00 250.00
283 .0 RACK 31 1 .00 195. 00 195.00
286 .0 FRIGIDAIRE COOLER 58 1 .00 95.00 95. 00
286 .1 STEAM TABLE 100 1 .00 275. 00 275. 00
ITEMS SOLD BY CONSIGNOR NO.
xxxxxxxxxwx
DATE : 01/24/02
CONSIGNOR # 1 : STEELE'S MARKET ESTATE
JEFF WEINMAN, TRUSTEE
LOT NO. ITEM BUYER NO. QUAN @ TOTAL
287.0 WORKTABLE 2 1 . 00 340.00 340.00
288.0 FIRE EXTINGUISHERS 5 1 . 00 80.00 80.00
289.0 LOAF SHEETS 5 1. 00 5. 00 5.00
290.0 MOTOROLA BALLEST 5 1 . 00 30.00 30.00
290.1 CRATE HOSE 9 1 . 00 2 . 50 2.50
291 .0 PRODUCE SCALES 100 5 .00 55.00 275.00
292 .0 BIRO MEAT SAW • 15 1 .00 550.00 550.00
294 .0 BIRO 33 SAW 61 1 .00 400.00 400.00
295 .0 S/S TABLE 38 1 . 00 170.00 170 .00
296 .0 ROTISSERIE 5 1 .00 50. 00 50.00
297 .0 OLIVER CUTTER 5 1 . 00 30.00 30.00
298.0 US RANGE OVEN STAND 985 1 . 00 50. 00 50.00
299.0 TRAULSEN 2 DR S/S 56 1. 00 1325.00 1325 .00
300.0 FREEZER RACKS 37 4 . 00 50.00 200.00
302.0 FLATTOP 98 1 . 00 10.00 10.00
307.0 RACK 73 1.00 5.00 5.00
329.0 CABINET 28 2. 00 1.00 2.00
329.1 SAW 72 1.00 7.00 7.00
330.0 TWO WOOD DISPLAYS 17 1.00 5.00 5.00
331 .0 WORKSTATIONS 40 1 . 00 410.00 410.00
332.0 FANS 73 1 .00 15.00 15 .00
333 .0 WOK 98 1.00 75 .00 75.00
334 .0 TWO WOKS 60 1 .00 30.00 30.00
335.0 TABLE 98 1 .00 40.00 40 .00
336.0 TABLE 100 1 .00 40 .00 40.00
337.0 TABLE 4 1 .00 5.00 5.00
339 .0 DESK 25 1 . 00 2 .50 2.50
340 .0 SHEET PANS 98 1 .00 30.00 30 .00
341 ,0 PANS 16 1 .00 10 .00 10 .00
342 .0 SINK 64 1 .00 140 .00 140 .00
343 .0 METRO RACK 97 1 .00 20.00 20 .00
344 .0 DOG FOOD RACK 46 1 . 00 42 .50 42 .50
345.0 SNACK SEATING 46 1 .00 25 .00 25.00
346.0 DISPLAY UNIT 73 1 .00 17 .50 17.50
346.0 WOOD RACK 73 1 .00 5.00 5.00
500 .0 FORKLIFT 90 1 .00 550.00 550.00
TOTAL NUMBER OF ITEMS : 241 TOTAL SALES FOR THIS CONSIGNOR : 38814.00
� . .
-a
UNITED STATES BANKRUPTCY COURT .EV.EN'
FOR THE DISTRICT OP COLORADO
IN RE: ) "'i0t 09
STEELE'S MARKET )
:._,;ttl
Case No. t rillAU URAU0
Chapter yda
Debtor )
REPORT OF SALE
COMES NOW Dickensheet & Associates, Inc. , Auctioneer, in the
above captioned proceeding and states as follows:
1 . In January, 2002, the Trustee in the above-captioned case
obtained an order from the Court for the sale of assets at public
auction, and for the employment and compensation of the
undersigned auctioneer.
2 . The property consigned by the Trustee was sold at public
auction on January 24, 2002 at 11:00 am, by Dickensheet &
Associates, Inc. on site in Fort Collins, Colorado. A list of
each item sold, along with the price and the buyer, is attached.
A list of registered buyers is also attached.
3 . The total proceeds of $ 38, 814 .00 received for the
property consigned by the Trustee were mailed or delivered to the
Trustee on February 14, 2002 .
4 . The undersigned was paid a commission 10%, or $ 3, 881.40
and expenses totalling $ 2,436 .77 were incurred regarding this
estate .
S . If any items consigned by the Trustee were not sold
because no bids were received, the items have been returned to
the Trustee or sold at a later auction date.
6 . The undersigned hereby certified that neither he nor any
of his employees acquired any interest, either direct or
indirect , in any of the property sold.
DATED : February 14 , 2002 Respectfully submitted,
cCek;..r_DicY .a.s-
istine Dickensheet
Dickensheet & Associates, Inc.
1501 W Wesley Avenue
Denver, Colorado 80223
•
CERTIFICATE OF MAILING
I hereby certify that a copy of the foregoing REPORT OF SALE
was delivered or mailed, postage prepaid, to the following:
Jeff Weinman
Chapter 7 Trustee
600 Seventeenth Street
Suite 200
Denver, Colorado 80202
Bonnie Shuster
United States Trustee
District of Colorado
721 19 Street, 4th Floor
Denver, Colorado 80202
United States Bankruptcy Court
721 19 Street
Denver, Colorado 80202
DATED: February 14, 2002
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
r•
Lot 5, PLAT OF CE FOR ADVANCED TECHNOLOGY P.U.D.,NINETEENTH
FILING,City of Fort Coffins, County of Larimer, State of Colorado.
seDALI747Jsa I24J6.006a6 25
‘1"frii
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT.4225
FAX: (970)352-0242
I P.O. BOX 758
GREELEY, COLORADO 80632
COLORADO
March 31, 2OO4 �°
NASH FINCH COMPANY ^, \7
7600 FRANCE AVENUE SOUTH .\,\1
EDINA, MN 55435
RE: SCHEDULE NUMBER P4906 7`
Dear Property Owner:
This is to advise you that the Weld County Board of Commissioners will hear yo petition for
abatement or refund of taxes on the property described as: PERSONAL PROP T T-4-159
WEST MAIN STREET,WINDSOR, COLORADO. The meeting is scheduled for 26, at
9:00 a.m., in the First Floor Meeting Room, Weld County Centennial Cente , 2th Street,
Greeley, Colorado.
The Assessor is recommending that the Board deny your petition. You are not required to be
present at this hearing, however, this is your opportunity to have your position heard, especially if
your position is opposed to the Assessor's recommendation. If you intend to submit any
documentation in support of your position for this hearing, all such documentation must be
submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least
seven calendar days prior to the meeting date in order for it to be considered at the scheduled
hearing.
If you have any questions concerning this matter, please do not hesitate to contact Carol Harding
at (97O) 336-7215, extension 4217.
Sincerely,
MialAL
Donald D. Warden
Clerk to the Board By:_ 1Z4ittdio�
Deputy Clerk ,�
he Board
cc: Assessor
ei
(ita
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
WIlD
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
May 21, 2004
Nash Finch Company
7600 France Avenue South
Edina, MN 55435
RE: SCHEDULE NUMBER P4906
Dear Property Owner:
On May 12th, 2004, the Board of Weld County Commissioners considered your petition for
abatement or refund of taxes and denied same.
Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State
Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and
instructions from the Board of Assessment Appeals, Department of Local Affairs, 1313
Sherman Street, Room 420, Denver, Colorado 80203.
Ve trulyyou/�';
eta
Donald D. Warden,
Clerk to the Board
Vyj
Deputy Clerk to the Board
cc: Assessor
Michael Pankow
Hello