Real Estate Acquisition and Development
Mark assisted a real estate developer in acquiring an old resort property on a northern Wisconsin lake in order to build a condominium development. The acquisition involved the negotiation of a real estate purchase agreement, and review of title, survey and zoning issues. Mark also prepared the documents necessary to organize the condominium, including the Declaration of Condominium and Owner’s Association Articles of Incorporation, Bylaws, and Rules and Regulations.
Mark negotiated commercial lease for a real estate development client leasing a newly constructed building in a multi-tenant shopping center to one of the largest beauty retailers in the United States. The tenant operates 384 stores in 39 states and specifically locates in high-traffic, off-mall locations. The transaction included extensive negotiations with the tenant’s special leasing counsel.
Mark represented the shareholders of a family-owned business in the sale of all of the stock of multiple corporations to a Fortune 1000 company and global leader in the industry. Mark’s representation included the negotiation and drafting of the transaction documents, including the Stock Purchase Agreement, Non-competition Agreement, and Leases for multiple locations. The transaction involved over $20 million in total consideration.
Mark acted as the principal outside legal advisor to a closely-held business selling cellular phones and service from the opening of its first store in Appleton, through the opening of 40 locations in 5 states, and the eventual sale of the business to a national company. Mark advised the company on a full range of legal and business issues, including drafting and negotiating complex business agreements.
Commercial Loan Documentation
Mark represented a local bank in structuring and documenting an asset-based credit facility for a large food manufacturer. The engagement involved the preparation and negotiation of an extensive credit agreement and security documents. It also required the review of title issues for the manufacturing facility, as well as organization and authority documents. Once documented, this facility requires amendment and negotiations relating to the fast-changing food market.
Mark has assisted multiple commercial real estate owners in obtaining securitized non-recourse loans, including the review and negotiation of promissory notes, mortgages, assignment of rents and security agreements, exceptions to non-recourse guaranties, replacement reserve agreements, completion repair agreements, and subordination, non-disturbance and attornment agreements. These transactions often required the organization of single-purpose entities or other changes to the clients’ organizational structure to meet stringent lender requirements.
Trusts and Estates, Wills, Powers of Attorney, Etc.
Mark completed an estate plan for a couple who owns a small business and has three children and did not have an estate plan commensurate with the size of the estate accumulated over the years. He also assisted them in the preparation of a Revocable Trust to accommodate the flow of funds to and for the benefit of the surviving spouse and ultimately for the children. In addition to the preparation of the Revocable Trust, he prepared Last Wills and Testaments, Declaration of Trust, Marital Property Agreement, Durable Powers of Attorney, Durable Powers of Attorney for Health Care, Declarations to Physicians, and all transfer documents necessary to properly fund the Revocable Trust.
Mark assisted adult children and the designated Personal Representative in administering their father’s estate, including collecting the assets of the estate, paying the father’s debts and taxes, and distributing the remaining assets to the beneficiaries in accordance with the father’s wishes as expressed in his Last Will and Testament. The representation included preparation of all probate documents and tax returns.
Mark was appointed as guardian ad litem to represent the unknown heirs of a wealthy professor who died without a will and without any known family. Mark conducted an extensive investigation into the decedent’s past and discovered possible half-siblings located in another part of the country, but there were no records that could confirm the blood relationships. Mark then had the professor’s body exhumed for recovery of DNA samples which confirmed that the professor and the possible half-siblings had the same mother. The professor’s assets were then distributed to his newly-discovered family.
Residential Real Estate Transactions
Mark recently assisted the owner of a home in a northern Oconto County community in a for-sale-by-owner (FSBO) residential real estate transaction so she could realize her dream of becoming a “snowbird” and spending the winter months in a warmer climate.