1800 Forsyth BLVD Clayton, MO
NOTICE OF DISPOSITION OF COLLATERAL
(Pursuant to Section 400.9-613 of the Revised Statutes of Missouri)From: Robert R. Hermann, Jr., Trustee of the Robert R. Hermann, Sr.
Dynasty Trust dated December 16, 1996 ("Secured Party")
c/o Armstrong Teasdale, LLP
Attn. Wendi Alper-Pressman
7700 Forsyth Boulevard, Suite 1800
St. Louis, Missouri 63105
(314)342-8055
Name of Debtors: Jordan J. Breck, an individual, Jordan J. Breck and Emily Breck, Trustees of the Breck Revocable Trust U/A dated September 16, 2021 ("Debtors")
Reference is made to that certain Amended and Restated Membership Interest Pledge Agreement dated June 26, 2023 executed by Debtors and MRP Capital Group, LLC (collectively, the "Pledgors") in favor of the Secured Party (as the same may have been modified or amended from time to time, the "Security Agreement"). The Secured Party is the lawful holder of and beneficiary of the Security Agreement.
Secured Party will sell all or part of the following personal property collateral of the Pledgors (the "Property") to the highest qualified bidder in public pursuant to Article 9 of the Missouri Uniform Commercial Code (capitalized terms are defined by the Missouri Uniform Commercial Code):
100% of the membership interests in MRP Capital Group, LLC owned by the Breck Revocable Trust U/A dated September 16, 2021 (represented by Debtors to Secured Party to be 50% of the total interests in MRP Capital Group) and 100% of the membership interest held by MRP Capital Group, LLC in Midwest Retail Properties, LLC, together with all products and proceeds thereof.
Day and Date of Sale: Friday, April 26, 2024
Time of Sale: 11:00 a.m. St. Louis, Missouri time
Place of Sale: Armstrong Teasdale LLP
1800 Forsyth Boulevard, Suite 1800
Clayton, Missouri 63105
Contact Party Regarding the
Sale: Wendi Alper-Pressman, Esq.
(314)342-8055
Debtors are entitled to an accounting of the unpaid indebtedness secured by the Property that Secured Party intends to sell. Debtor may request an accounting by contacting Armstrong Teasdale LLP, Attn: Wendi Alper-Pressman, at 314-342-8055.
The terms of the sale are that the highest bidder for the Property. Excepting the Secured Party who may credit bid some or all of the indebtedness owed by Debtors, the highest bidder must deposit at least 10% of the winning bid with the party conducting the sale at the conclusion of the sale in the form of cash, cashier's check, or wire transfer payable to Armstrong Teasdale LLP. The balance of the bid price will be due in the form of cash, cashier's check, or wire transfer by 4:00 p.m. St. Louis, Missouri Time, on April 26, 2024, at the offices of Armstrong Teasdale LLP, 7700 Forsyth Boulevard, Suite 1800, Clayton, Missouri 63105. No Property or bill of sale will be delivered until all funds have cleared and are available for use. The successful bidder shall be solely responsible for the payment of applicable sales taxes, if any.
THERE SHALL BE NO WARRANTY RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CONVEYANCE BY SECURED PARTY SHALL BE MADE WITHOUT REPRESENTATION, COVENANT, OR WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) BY SECURED PARTY OR ANY PARTY CONDUCTING THE SALE. AS A MATERIAL PART OF THE CONSIDERATION FOR DELIVERY OF ANY BILL OF SALE, ANY PURCHASER OF THE PROPERTY SHALL AGREE TO ACCEPT THE PROPERTY ON AN "AS IS" AND "WHERE IS" BASIS WITHOUT RECOURSE OF ANY KIND, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. ANY PURCHASER SHALL ACKNOWLEDGE THAT SUCH PURCHASER IS A SOPHISTICATED PURCHASER AND IS FAMILIAR WITH THE PROPERTY AND THE SUITABILITY OF THE PROPERTY FOR SUCH PURCHASER'S INTENDED USE.
2603504 County Apr. 15, 2024