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Acquisition / 1031 Exchange
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Seller, the original developer of this property built and leased to Sam's Club (Wal-Mart) in 2000, offered the property for sale for $23,500,000. The property is a 131,000 square foot free-standing building located in Timonium, Maryland, 20 miles north of Baltimore. The building co-anchor’s a retail power center along with a Lowe’s Home Improvement Center. The investment was encumbered by long-term debt of approximately $16,000,000. Per terms of the existing loan in place, pre-payment was not allowed until 2010 and an onerous pre-payment penalty would apply. In December of 2005, S.A.R. negotiated favorable contract terms in which Seller agreed that Buyer would purchase the property for $22,000,000 and receive a credit at closing equal to the cost associated to defeasement of the loan.
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This is a complex process which entails a 3rd party independent acquisition of the loan itself and release of the property that is encumbered as security for loan performance. The cost to defease this specific loan was $2,500,000 and paid by the S.A.R. group at purchase, with offset credit received by the Seller against the base purchase price of the property. A tax loss associated to this expense (approximately $1,600,000) was booked in the year of acquisition and is carried forward against passive income realized annually by the ownership LLC members.
At the time of acquisition, a minority partner desired to complete a 1031 tax deferred exchange for their portion of the investment. S.A.R. handled all aspects of setting up a TIC ownership structure (Tenancy In Common) and assisted the investor to complete a fully qualified exchange transaction. A new 10 year permanent loan, in the amount of $16,000,000 with favorable terms of 5.68% fixed rate of interest, was placed. The transaction closed escrow in March of 2006.
In March of 2008 an offer was accepted to sell the property for $23,200,000, with Buyer assuming the existing loan in the amount of $16,130,000. The sale of the property closed in December 2008 and the subsequent capital was placed via tax deferred 1031 Exchange into the the Jensen Beach Kohl's property. |