Toulouse tribunal de grande instance, order procedures, 24 October 2003, n ° 99/00138

N° : 99/00138

SAISI: AB,and C D

[…]

the October 24, 2003

We, L M, Judge of the Toulouse Tribunal de Grande Instance, specially in charge of order procedures, assisted by J K, Clerk,

Seen :

* the requisition for opening an order filed on July 30, 1999 by SCP BOUCHE, lawyer of SA SOCIETE BORDELAISE DE CREDIT INDUSTRIEL ET COMMERCIAL

* the statement of mortgage registrations issued by the Registrar of mortgage Toulouse 2e bureau, mentioning the following mortgages:

* conventional mortgage of May 2, 1977, volume 519 n ° 67 renewed on July 31, 1985, volume 870 n ° 127 to the benefit of the COMPAGNIE FRANCAISE D’EPARGNE ET DE CREDIT and some ITS CREDIT UNION FOR THE BUILDING

* conventional mortgage of July 3, 1980, volume 665 n ° 63 renewed on July 31, 1985, volume 870 n ° 133 to the benefit of the SA UNION DE CREDIT POUR LE BATIMENT and COMPAGNIE FRANCAISE D’EPARGNE ET DE CREDIT

* conventional mortgage of March 19, 1987, volume 927 n ° 63 to the benefit of the REGIONAL FUND OF CREDIT AGRICOLE MUTUEL DE TOULOUSE AND MIDI TOULOUSAIN

* provisional judicial mortgage of April 10, 1992, volume 92 V n ° 1613 replaced by the definitive mortgage of February 24, 1993, volume 93 V n ° 796 corrected on April 16, 1193, volume 93 VN ° 1401 to the benefit of the ITS SOCIETE BORDELAISE DE CREDIT INDUSTRIEL ET COMMERCIAL

* provisional judicial mortgage of March 15, 1993, volume 93 V n ° 1031

replaced by the definitive mortgage of July 6, 1994, volume 94 V n ° 2904 to the benefit of the HIS MARSEILLAISE CREDIT COMPANY

* provisional judicial mortgage of May 6, 1993, volume 93 V n ° 1633 replaced by the definitive mortgages of May 31, 1994, volume 94 V n ° 2313 and of June 2, 1994, volume 94 V n ° 2350 from ITS SOCIETE BORDELAISE DE CREDIT INDUSTRIEL ET COMMERCIAL

* judicial mortgage of 1is juin 1995, volume 95 V n° 2464 to the benefit of the REGIONAL FUND OF CREDIT AGRICOLE MUTUEL DE TOULOUSE AND MIDI TOULOUSAIN

* legal mortgage of December 28, 1995, volume 95 V n ° 5479 to the benefit of the TREASURY by VILLEMUR S / TARN

* the SUM TO DISTRIBUTE from 123.087,63 euros breaking down as follows:

principal: 104,884.92 euros

interest: 18,202.71 euros

which sum was deposited at the Caisse des Dépôts et Consignations de Toulouse by Mr.e GH BOUCHE, lawyer in Toulouse, funds of SARL SUD OUEST IMMO Moreover 81 chemin de Fenouillet -[…], successful bidder following judgment of the auction hearing of the Tribunal de Grande Instance of Toulouse on 23 Avril 1998, published in the Mortgage Conservation Toulouse 2e bureau, the September 18, 1998, volume 98 P, n° 9591,

of a real estate complex located in the town of VILLEMUR SUR TARN (31), a place called Pechnauquié Nord, cadastral under section AZ n ° 12., having belonged to A B, C D

* the convening of the parties,

After appearance of:

SCP BOUCHE, lawyer requesting the opening of an order for the ITS SOCIETE BORDELAISE DE CREDIT INDUSTRIEL ET COMMERCIAL SARL SUD OUEST IMMO

the SCP NOP, lawyer for the successful tenderer, SARL SUD OUEST IMMO

the SCP MERCIE -EF ESPENAN lawyer of the COMPAGNIE FRANCAISE D’EPARGNE ET DE CREDIT and some ITS CREDIT UNION FOR THE BUILDING as well as TREASURY by VILLEMUR S / TARN

Me Z AND ASSOCIATES, lawyer of the REGIONAL FUND OF CREDIT AGRICOLE MUTUEL DE TOULOUSE AND MIDI TOULOUSAIN

Me G H I lawyer HIS MARSEILLAISE CREDIT COMPANY

Me Michel DUBLANCHE, lawyer of A B

Me Nathalie PHILIPPE-TREMOLET, lawyer of C D

June 20, 2003

Producing creditors, after examining the mortgage situation of A B Moreover […], […], and C D Moreover […], with regard to the registration of forgery incidentally filed on October 4, 2001 before the Judge against the deed of loan established on February 19, 1987 in the office of Maître X, notary in Villemur sur Tarn, under the terms of which a loan in the amount of 39,636.74 euros (2,600,000 F) was granted to AB by the CAISSE REGIONALE DE CREDIT AGRICOLE MUTUEL DE TOULOUSE ET DU MIDI TOULOUSAIN, CD being mentioned as a surety, have given their agreement to the amicable settlement of this order, in accordance with to the deed of sharing of September 5, 2003 drawn up by Maître Y in agreement with the BD spouses and the bases set out below:

We, the Judge responsible for settling order procedures,

Considering the deposited productions,

Let us collect the claims in the following order and for the following amounts, up to the amounts to be distributed, namely:

[…]

Under article 759 of the Old Civil Code, SCP BOUCHE, lawyer continuing the order for the sum of 600.92 euros including VAT 94.10 euros, amount of order prosecution costs payable on the TOULOUSE DEPOSIT AND CONSIGNMENT BOARD

SECOND COLLOCATION

Under article 2104 of the Civil Code, the SCP NOP, attorney for the successful tenderer for the sum of 600.39 euros including VAT 52.35 euros, amount of the deposit and cancellation fees for mortgage registrations payable on the TOULOUSE DEPOSIT AND CONSIGNMENT BOARD  ;

[…]

Master Y, notary, […], […], for the costs of the deed of sharing, 1.850,00 euros payable on the TOULOUSE DEPOSIT AND CONSIGNMENT BOARD  ;

[…]

Under the registration ofconventional mortgage of March 19, 1987, volume 927 n ° 63, the CAISSE REGIONALE DE CREDIT AGRICOLE MUTUEL DE TOULOUSE ET DU MIDI TOULOUSAIN whose head office is located […] , for an amount of 82.208,47 euros closed on August 5, 2003 as defined in the sharing agreement:

Total 82,208.47 སྒྱ

production costs due to Me Z AND ASSOCIATES 222,54 སྒྱ

dont TVA 36,47 སྒྱ

TOTAL 82,431.01 སྒྱ

Let’s say it will be issued to the REGIONAL CREDIT AGRICOLE MUTUAL OF TOULOUSE AND MIDI TOULOUSAIN, a collocation slip for the sum of 82.431,01 euros payable on the TOULOUSE DEPOSIT AND CONSIGNMENT BOARD ;

In view of the previous collocations, the sum of 37,605.31 euros remains to be distributed.,

Whereas it has been assigned to C D the sum of 13,536.52 euros and A B that of 23,776.73 euros for a total of 37.313,25 euros ;

That the difference, between the sum allocated in accordance with the deed of partition (37,313.25 སྒྱ) and the balance to be distributed (37,605.31 སྒྱ), be 292,06 euros, will be divided in two and will be added to the sums allocated to C D and A B ;

That the part of A B therefore amounts to: 23,776.73 སྒྱ + 146.03 སྒྱ i.e. 23.922,76 euros ;

And the one at C D to: 13.536.52 སྒྱ + 146.03 སྒྱ or 13.682,55 euros ;

ON LA PART D’A B

[…]

Under the registration ofprovisional judicial mortgage of April 10, 1992, volume 92 V n ° 1613 replaced by the definitive mortgage of February 24, 1993, volume 93 V n ° 796, SA SOCIETE BORDELAISE DE CREDIT INDUSTRIEL ET COMMERCIAL whose head office is […] – […], for an amount of 23.922,76 euros remaining to be distributed that it will charge against the amount of its receivable (78,334.84 སྒྱ) and from which it is necessary to deduct that of 116.18 euros including VAT 19.04 euros representing the production costs due to SCP BOUCHE ;

Let’s say it will be issued to the SA SOCIETE BORDELAISE DE CREDIT INDUSTRIEL ET COMMERCIAL, a collocation slip for the sum of 23.922,76 euros payable on the TOULOUSE DEPOSIT AND CONSIGNMENT BOARD ;

Whereas it is necessary to return to C D, the sum of 13.682,55 euros ;

Let’s say it will be issued to C D, a collocation slip for the sum of 13.682,55 euros payable on the TOULOUSE DEPOSIT AND CONSIGNMENT BOARD ;

And since there are no more funds to distribute, We have closed these minutes,

Done in Toulouse, the day, month and year above.

The Registrar The Judge of Orders

J K L M