USACM Liquidating Trust v. Placer County Land Speculators, LLC et al
Filing
724
ORDER Granting 711 MOTION (Verified) for Order Authorizing Receiver to Borrow Money and Issue Receiver Certificates filed by Elli M.A. Mills, MBA Signed by Judge Kent J. Dawson on 2/5/13. (Copies have been distributed pursuant to the NEF - EDS)
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Case 2:08-cv-01276-KJD-RJJ Document 721
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PAUL J. PASCUZZI, CA State Bar No. 148810
FELDERSTEIN FITZGERALD
WILLOUGHBY & PASCUZZI LLP
400 Capitol Mall, Suite 1750
Sacramento, CA 95814
Telephone: (916) 329-7400
Facsimile: (916) 329-7435
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Filed 02/05/13 Page 1 of 2
Attorneys for Elli M. A. Mills, J.D., MBA, Receiver
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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USACM LIQUIDATING TRUST,
Plaintiff,
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v.
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Civil Action No. 2:08-cv-01276-KJD-RJJ
PLACER COUNTY LAND
SPECULATORS, LLC, aka PLACER
COUNTY LAND INVESTORS, LLC; et
al,
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Date:
Time:
Judge:
January 30, 2013
9:00 a.m.
Hon. Kent J. Dawson
Defendants
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ORDER AUTHORIZING RECEIVER TO BORROW
MONEY AND ISSUE RECEIVER CERTIFICATES
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Upon consideration of the Motion of Receiver for Order Authorizing Receiver to Borrow
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Money and Issue Receiver Certificates [Docket No. 711], the Court having considered the motion
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and arguments, and good cause appearing,
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IT IS ORDERED that:
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1.
The motion is granted;
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2.
The Receiver is authorized to borrow up to $2,600,000 from the Homfeld Group,
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and issue one or more receiver certificates on the terms and conditions set forth in the motion;
3.
Any deed of trust granted to secure the proposed borrowing is senior in priority to
the FTB Tax Lien (as defined in the motion);
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The Receiver is authorized to submit an ex parte application, if needed, to approve
a form of order that is acceptable to the lender and the title company to ensure that the Receiver
-1-
ORDER AUTHORIZING
RECEIVER TO BORROW FUNDS
& ISSUE RECEIVER CERTIFICATES
Case 2:08-cv-01276-KJD-RJJ Document 721
Filed 02/05/13 Page 2 of 2
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can grant a first priority security interest in the property to secure the borrowing, provided that
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such application is served on any counsel appearing in this matter;
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5.
The Receiver is authorized to take all actions necessary to effectuate the borrowing
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and grant of a security interest in the Real Property that is the subject of this receivership,
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including executing any and all documents on behalf of the receivership estate; and
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6.
The Receiver is authorized to facilitate interested Owners to buy and sell their
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interests pursuant to paragraph 5 of the Order Appointing Receiver.
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2/5/13
Dated: __________________
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________________________________
United States District Judge
District of Nevada
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-2-
ORDER AUTHORIZING
RECEIVER TO BORROW FUNDS
& ISSUE RECEIVER CERTIFICATES
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