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2022-08-09_GENERAL DOCUMENTS - M2012032
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2022-08-09_GENERAL DOCUMENTS - M2012032
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Last modified
8/11/2022 8:36:08 PM
Creation date
8/11/2022 7:50:24 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2012032
IBM Index Class Name
General Documents
Doc Date
8/9/2022
Doc Name
Appointment of a Receiver
From
Alliance Management
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
LJW
THM
GRM
CMM
Media Type
D
Archive
No
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books and records with respect to the operation of the OSM Collateral, including any and all <br /> information related to: 1) amounts paid by obligors of Defendants; 2) liens, encumbrances and <br /> other interests against or affecting the OSM Collateral and/or other property; 3)property taxes <br /> owed by each of the Defendants in connection with the OSM Collateral;4)all types of insurance <br /> affecting the OSM Collateral and/or other property; 5)plans, specifications, surveys and <br /> drawings of the OSM Collateral; 6) access codes to the Property and any building or space <br /> therein; 7) all computers, computer systems, software necessary to review,understand,print and <br /> deal with computerized records, and all access codes/passwords associated therewith; 8) all <br /> operating statements of Defendants; 9) all maintenance manuals for any equipment located at the <br /> Property; 10)all repair and maintenance records for the OSM Collateral; and 11) all other <br /> aspects of the OSM Collateral and other property and the operation and management thereof; <br /> (mm) that the Receiver is authorized to receive and collect any and all sums due and <br /> owing to Defendants,whether the same are now due or hereafter become due and owing, and to <br /> deposit such sums into an account in its own name (which sums shall not be commingled with <br /> any other funds) established and maintained by the Receiver; <br /> (nn) that the Receiver is authorized to participate as the owner of the OSM Collateral <br /> in any owner's associations or other legal entities having control of any part of the OSM <br /> Collateral; and <br /> (oo) That the Receiver shall have any and all rights, if any,that Defendants may have <br /> to appoint representatives to, or board members of, any association, special district, or other <br /> similar entity that affects the OSM Collateral. <br /> (pp) If the Receiver determines there is a reasonable likelihood that funds will be <br /> available for distribution to creditors,the Receiver shall file and serve a proposed claims process <br /> to all persons on the master mailing list. If there is no objection within 21 days after the notice, <br /> the Court may enter an order authorizing claims process set forth by the Receiver. <br /> (qq) Before any interim or final distribution to creditors and/or equity holders is made, <br /> the Receiver shall file a distribution schedule listing the proposed distributions. The distribution <br /> schedule may be filed at any time during the case or may be included in the final report. <br /> (rr) The Receiver shall give notice of the filing of the distribution schedule to all <br /> persons on the master mailing list or that have filed proofs of claim. If there is no objection <br /> within 21 days after the notice,the Court may enter an order authorizing the Receiver to make <br /> the distributions described in the distribution schedule without the necessity of a hearing. <br /> (ss) Subject to and consistent with the Receivers powers set forth above,the Receiver <br /> shall distribute any proceeds from the operation of the OSM Collateral, as follows: <br /> a. To payment of Receiver's fees and expenses as described above; <br /> b. To payment of expenses incurred in connection with the operation of the OSM's <br /> business or the sale of the OSM's assets in the ordinary course after the <br /> Receiver's appointment; <br /> 13 <br /> USA.605462236.2/ZP9 <br />
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