Emma Hartford operates a beauty salon in the basement of her home. Her home is located in an R-1 acre in Kenmore, NY. R-1 areas do not permit the operation of a business in homes. Emma:
A)Is guilty of a felony.
B)Needs to obtain a variance.
C)Meets the requirements for a non-conforming use.
D)Can challenge the constitutionality of the restriction.
Question 2
Miriam Jensen purchased a fixer-upper home for 189,000 on January 4, 2015. The mortgage from Fifth Third Bank was recorded that same day in the amount of 175,000. On January 7, 2015, Miriam hired a contractor to install a new roof on her home. Miriam agreed to pay the contractor over time. The contractor filed a lien on her home on January 10, 2015, after the roof was installed. On January 23, 2015, Miriam purchased all new kitchen appliances including a built-in microwave, a built-in double oven, a countertop porcelain stove, and a refrigerator with panels that match the new cabinets her contractor was installing in the kitchen. Miriam purchased all of the appliances from Spencer TV and Appliance. The appliances were installed on January 30, 2015. Spencer's took a security agreement on January 23, 2015 and filed a financing statement on January 31, 2015. On February 1, 2015, Miriam bought a new bathtub for her bathroom that was installed by her contractor on February 5, 2015. Miriam had purchased the bathtub from Golden Baths and signed a security agreement on February 1, 2015. Golden Baths filed a financing statement on February 6, 2015. Miriam lost her job on July 23, 2015 and had to cease paying her mortgage. Fifth Third Bank foreclosed on the home on August 15, 2015. Miriam owed 174,000 at the time of foreclosure. She owes the following amounts to various creditors: Spencer's 17,000.00 Golden Bath 2,200.00 Roofing contractor 4,500.00 The property sold for 170,000 at the foreclosure sale. All improvements that Miriam made were included in the sale of the house. Who has first priority on the proceeds?
A) The roof contractor
B) Spencer's
C) Golden Bath
D) Fifth Third Bank
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