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1 2 3 4 5 6 7 8 9', 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 DATE: APRIL 16, 2013 TI)>!E: 8:30 a.m. DEPT. 85 The Court having considered the Ex Parts Application of Receiver David D. Wald ( "Receiver ") for the issuance of an Order: 1. Authorizing the Receiver to borrow an additional $350,000 from secured lender Kurtin Properties, Inc. ( "Kurtin"), which will be added to the existing loan which is secured by the first deed of trust on the receivership real property, to pay the receivership costs of administration and to pay additional loan costs including funding an increased interest reserve for Kurtin's increased secured loan; 2. Authorizing the Receiver to enter into a contract to sell the receivership real property located at 201 East First American Way in Santa Ana, California (the "Property ") to Genesis Real Estate Group, Inc. ( "Genesis ") or its assignee for $14,800,000, with a $500,000 purchase deposit which is to be increased by $250,000 on waiver of contingencies, with a 30 day contingency period, with the sale subject to this Court's confirmation and approval with possible overbidding and subject to the assignment of the Property Development Agreement to Genesis by the city and its modification to remove the requirement that Ryan Ogulnick be involved in the development of the Property; 3. Authorizing the Receiver, if he believes it necessary to do so, to retain Townsend Public Affairs, Inc. ( "Townsend ") as a consultant to assist the Receiver in seeking the modification of the existing entitlements for the Property in connection with 1100063839 -1 2 BC 484 0311 75B -22 _._ 25 26 27 28 PASTERNAK PASTERNAK &PATTON DATE: APRIL 16, 2013 TI)>!E: 8:30 a.m. DEPT. 85 The Court having considered the Ex Parts Application of Receiver David D. Wald ( "Receiver ") for the issuance of an Order: 1. Authorizing the Receiver to borrow an additional $350,000 from secured lender Kurtin Properties, Inc. ( "Kurtin"), which will be added to the existing loan which is secured by the first deed of trust on the receivership real property, to pay the receivership costs of administration and to pay additional loan costs including funding an increased interest reserve for Kurtin's increased secured loan; 2. Authorizing the Receiver to enter into a contract to sell the receivership real property located at 201 East First American Way in Santa Ana, California (the "Property ") to Genesis Real Estate Group, Inc. ( "Genesis ") or its assignee for $14,800,000, with a $500,000 purchase deposit which is to be increased by $250,000 on waiver of contingencies, with a 30 day contingency period, with the sale subject to this Court's confirmation and approval with possible overbidding and subject to the assignment of the Property Development Agreement to Genesis by the city and its modification to remove the requirement that Ryan Ogulnick be involved in the development of the Property; 3. Authorizing the Receiver, if he believes it necessary to do so, to retain Townsend Public Affairs, Inc. ( "Townsend ") as a consultant to assist the Receiver in seeking the modification of the existing entitlements for the Property in connection with 1100063839 -1 2 BC 484 0311 75B -22 _._