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v <br /> deposits,room deposits,reimbursement rights,bank deposits, security deposits, and all other <br /> forms of accounts, accounts receivable,payment rights, cash, and cash equivalents; further to <br /> this,upon request of the Receiver,the Defendants are ordered to direct any person or entity liable <br /> for any payments that are part of the OSM Collateral to be paid to the OSM Parties to direct said <br /> payment to the Receiver.Upon receipt of a copy of this Order, any and all third parties whom are <br /> obligated to pay the Defendants any amounts that are part of the OSM Collateral are hereby <br /> directed to make such payment directly the Receiver.Notwithstanding the foregoing, should any <br /> third party be obligated to make payments to the Defendants,those payments shall be deemed to <br /> have been made payable to Receiver and shall be immediately turned over to the Receiver's <br /> custody and control by any person or party receiving the same on behalf of Receiver. For <br /> purposes of making up the res of this Estate, "OSM Collateral" shall exclude any pension,profit <br /> sharing, 401(k),retirement,health insurance, dental insurance, flexible spending account, or <br /> other employee benefit plan; <br /> (d) that the Receiver shall take any and all actions the Receiver deems reasonable and <br /> appropriate to prevent waste to and to preserve, secure, operate,manage,maintain and safeguard <br /> the OSM Collateral and all other forms of property to which the Receiver is entitled to take <br /> possession and control under the Court's order and that the Sheriff's assistance to enforce the <br /> terms of this Order in the form of peace-keeping duties is authorized by the Court; <br /> (e) that the Receiver shall notify all tenants, occupants, and purchasers of the <br /> Property, or any portion thereof, immediately upon such appointment,whereupon, all tenants <br /> should be instructed to make all rental payments to the Receiver, and all purchasers of the <br /> Property or any portion thereof shall be instructed to make all payments to the Receiver; <br /> (f) that the OSM Parties,together with their respective managers,members, <br /> directors, and officers, and all persons acting under the direction of any of them shall deliver <br /> possession of the OSM Collateral to the Receiver,without any right of offset or recoupment, and <br /> including all keys,books,records, equipment, leases,rosters of tenants,rent rolls, computer <br /> equipment,reservation systems and information,documents and papers constituting a part of the <br /> OSM Collateral(without the necessity of a confidentiality agreement between the parties and at <br /> no cost to the Receiver or the Lender Parties),together with all cash forming a part of the OSM <br /> Collateral,then or thereafter in the possession of each of the Defendants, all sums relating to the <br /> use,possession or improvement of all or any part of the OSM Collateral, and any accountings of <br /> any of the foregoing, any and all accounts receivable and accounts payable reports any and all <br /> documents pertaining to any ongoing litigation, any and all documents pertinent to any licenses <br /> maintained in connection with the OSM Collateral, and all communications and correspondence <br /> pertinent thereto, any and all documents pertinent to any agreements entered into in connection <br /> with the OSM Collateral, and all communications and correspondence pertinent thereto, any and <br /> all contracts in effect with respect to any of the OSM Collateral, and all communications and <br /> correspondence pertinent thereto, any and all contracts,bids or other materials relating to any <br /> contractor work at the Property, any and all payroll records, employee files, applications and <br /> other materials relevant to those persons employed by or at the Property; and such other records <br /> pertaining to the management of the OSM Collateral. To the extent that such books and records <br /> contain confidential personal information of third parties,the Receiver shall forthwith return <br /> 6 <br /> USA.605462236.2/ZP9 <br />