Order | Filed: July 15, 2026
| Entered: July 15, 2026
Fifth Third Bank, National Association v. Laurel Grocery Company, LLC et al
Real Property: Foreclosure | Kentucky Eastern
Order
ORDER (A) CONFIRMING THE SALE OF WAREHOUSE PROPERTY FREE AND CLEAR OF ALL LIENS, CLAIMS, AND ENCUMBRANCES AND INTERESTS AND (B) GRANTING RELATED RELIEF: 1. The relief requested in the Motion, [R. 87 ], is APPROVED pursuant to 28 U.S.C.§§ 2001 and 2004 and the Order Appointing Receiver, [R. 41 ] (the "Receivership Order"). 2. All objections to the entry of the Sale Transaction, the Successful Bid, the Successful Bidder, and this Sale Order or to the relief provided herein that have not been withdrawn with prejudice, waived, resolved, or settled are hereby overruled on the merits with prejudice. 3. The Receiver is authorized to take any and all actions necessary or appropriate to (i) consummate the Sale Transaction in accordance with the Motion, the Successful Bid, and this Sale Order, and (ii) perform, consummate, implement and close fully the Sale Transaction,together with all additional instruments and documents that may be reasonably necessary or desirable to implement the Successful Bid. Upon Closing, this Sale Order shall be construed as, and shall constitute for any and all purposes, a full and complete general assignment, conveyance, and transfer of the Warehouse Property pursuant to the terms of the Successful Bid. Sale and Transfer of the Warehouse Property 4. The Successful Bid, related transaction documents, all transactions contemplated thereby, and all of the terms and conditions thereof are hereby APPROVED. 5. Upon closing of the Sale with the Successful Bidder or its designee (the "Closing"), the Warehouse Property transferred, sold, and delivered to the Successful Bidder pursuant to the Successful Bid shall be free and clear of all liens, claims, encumbrances and interests of any kind or nature including, but not limited to, any lien (statutory or otherwise), hypothecation, encumbrance, liability, security interest, contract rights, interest, mortgage, security agreement, and tax. Any and all existing liens shall attach to the net cash proceeds of the Sale Transaction with the same extent, validity and priority as exists at the time of the Closing. 6. Upon Closing, this Sale Order shall be construed as, and shall constitute for any and all purposes, a full and complete general assignment, conveyance, and transfer of the Warehouse Property pursuant to the terms of the Successful Bid. 7. This Sale Order (i) is and shall be effective as a determination that, upon Closing, all claims and encumbrances existing as to the Warehouse Property conveyed to the Successful Bidder have been and hereby are adjudged to be unconditionally released, discharged, and terminated, and (ii) shall be binding upon and govern the acts of all entities, including all filing agents, filing officers, title agents, title companies, recorders of mortgages, recorders of deeds, registrars of deeds, administrative agencies or units, governmental departments or units, secretaries of state, federal, state and local officials, and all other persons and entities who may be required by operation of law, the duties of their office, or contract, to accept, file, register, or otherwise record or release any documents or instruments, or who may be required to report or insure any title or state of title in the Warehouse Property conveyed to the Successful Bidder. All claims and encumbrances of record as of the date of this Sale Order shall be removed and stricken as against the Warehouse Property in accordance with the foregoing. All entities are authorized and specifically directed to strike all such recorded claims and encumbrances against the Warehouse Property from their records, official or otherwise. Sale Proceeds 8. In accordance with the terms of the Bidding Procedures Order, the Receiver is authorized and directed, at or promptly following the closing of the Sale, to withhold from the net proceeds of the Sale and deposit into a segregated, interest-bearing escrow account the amount of $260,873.21 (the "Escrowed Funds"), representing the amount of the alleged lien claims, as of the date of the Auction, of Lactalis Heritage Dairy, Inc., Gilster-Mary Lee Corporation, and Uncle Rays, LLC, (collectively, the "Objecting Lien Claimants") pending further order of this Court in accordance with the terms of Bidding Procedures Order. 9. The Sale Transaction may close, and the Warehouse Property may be transferred to the Successful Bidder, free and clear of the liens, claims, encumbrances, and interests asserted by the Objecting Lien Claimants, with any such liens, claims, encumbrances, and interests, if valid and enforceable, at... (truncated)