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Case 25-23251-MEH Doc18-10 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc
3.
Exhibit | Page 3 of 12
Receiver is authorized, in the exercise of its discretion, and subject to control of
this Court and the laws regarding receivership, to do any and all acts necessary for the proper and
lawful conduct of the receivership. Specifically, it is ORDERED as follows:
a.
Appointment of Receiver. Receiver is appointed to act and serve as receiver with
respect to the Property, with respect to income (of any kind) therefrom, whether
now existing or hereafter collected, and with respect to any and all other property
and property interests pledged or assigned to Lender under the Loan Documents on
or in which Lender holds a lien or security interest under the Loan Documents or
in which Lender otherwise has an interest under the Loan Documents;
Receiver’s Exclusive and Complete Control over the Property. Receiver be
allowed to take and have complete and exclusive control and possession of the
Property, together with any and all of Borrower’s bank accounts, credit card
receipts, demand deposits, reimbursement rights, bank deposits, security deposits
and all other forms of accounts, accounts receivable, payment rights, cash and cash
equivalents, along with any and all information necessary to operate the Property,
including but not limited to all security codes, combinations, passwords and other
access codes and all other collateral securing the indebtedness owed to Lender;
Items to be Delivered to Receiver by Borrower. Borrower and all persons acting
under its direction be ordered to deliver possession to Receiver, without any right
of offset or recoupment, of all assets and records of the Property and all other
collateral securing the indebtedness owed to Lender, including but not limited to
(to the extent in the possession or control of the Borrower or the Borrower’s agents
and can be located with reasonable effort): (1) cash collateral (whether consisting
of cash on hand, cash in any and all bank accounts or other accounts, all rights to
security deposits, including, but not limited to, amounts that Borrower may have
deposited with utility companies, all rights to unearned insurance premiums or
claim proceeds, or pre-payments of any kind, and all other cash and cash
equivalents); (2) all keys; (3) all loans and communications and correspondence
files relating thereto; (4) security deposits, rent, prepaid rent, other sums relating to
the use, enjoyment, possession, improvement or occupancy of all or any part of the
Property and any accounts of any of the foregoing — less and except any security
deposits of those persons involved in the case pending in Newport News Circuit
Court at CL2202900M-00 the (“Multi-claimant Case”); (5) any outstanding unpaid
insurance claims; (6) any and all accounts receivable and accounts payable reports
~ less and except those tenant accounts stated as counterclaims in the Multi-
claimant Case in which, if any funds are received by Borrower same shall be
transferred to Receiver; (7) any and all contracts in effect with respect to the
Property and all communications and correspondence pertinent thereto, including,
but not limited to, all service contracts and warranty information and contracts with
vendors who provide or have provided services at the Property; (8) any and all files
relating to contracts, bids or other materials relating to any contractor work at the
Property; (9) any and all payroll records, employee files, applications and other
ORDER APPOINTING RECEIVER - PAGE 2Jump to an indexed page (12 of 12)