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Seaview: FourLeaf’s adequate-protection memorandum, ECF 18-20

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12 8737319.1 highest and best offer received for the Property after the default by a prior prospective purchaser. The specific terms of LBD Holdings LLC’s offer are provided in the Sale Agreement which is attached as Exhibit 1 to the Sale Motion.” (Emphasis added); (c) at paragraph 8, “The terms of the Sale Agreement were negotiated at arm’s length. The sale of the Property as contemplated by the Sale Agreement is proposed in good faith, the purchase price is fair and reasonable, and the price was reached after an exhaustive marketing process. On these bases, the Purchase is a bona fide purchaser for value.” (Emphasis added); (d) at paragraph 9, “The sale of the Property as contemplated by the Sale Agreement, is in the best interest of Seaview, the Lender, and the Property.” (Emphasis added); (e) at paragraph 10, “All requirements for notice to creditors or claimants have been satisfied under Va Code §§ 8.01-595 and -596.”; and (f) at paragraph 12, “Due and sufficient notice of the hearing on the Motions was provided, as outlined at the hearing on these Motions.” See the Order Approving Sale attached to the Foushee Declaration at Exhibit “L.” The Debtor’s bankruptcy petition was filed in bad faith and for the improper purpose of circumventing or voiding the duly entered Order Approving Sale. In support of Debtor’s bankruptcy petition, on December 18, 2025, Debtor filed the Declaration Of David Goldwasser In Support Of The Debtor’s Chapter 11 Petition, Doc 10 (“Goldwasser Declaration”). The Goldwasser Declaration lacks candor to the Court because it ignores the Order Approving Sale. Incredibly, the Goldwasser Declaration fails to even reference, let alone address, the Order Approving Sale, wherein the Court expressly found, among other things, that Case 25-23251-MEH Doc 18-20 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc Memorandum of Law Page 12 of 20 ANN public copy | complete ECF 18-20 | combined source PDF 467/478
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