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2024-08-13 Interim Order - Cert of CounselIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11 Case No. 24-11647 MFW (Jointly Administered) In re: SilverRock Development LLC, et al., Debtors) CERTIFICATION OF COUNSEL REGARDING INTERIM ORDER (I) AUTHORIZING THE MAINTENANCE OF BANK ACCOUNTS AND CONTINUED USE OF EXISTING BUSINESS FORMS AND CHECKS, (II) GRANTING LIMITED RELIEF FROM THE REQUIREMENTS OF BANKRUPTCY CODE SECTION 345(B)t AND aIm GRANTING RELATED RELIEF The undersigned counsel to Debtors in the above captioned chapter 11 case hereby certifies as follows: 1. On August 12, 2024, Debtors filed the Motion of the Debtors for Entry of Interim and Final Orders (I) Authorizing the Maintenance of Bank Accounts and Continued Use of Existing Business Forms and Checks, (II) Granting Limited Relief from the Requirements of Bankruptcy Code Section 345(b), and (III) Granting Related Relief (the "Motion") [D.I. 8] (the "Motion).2 The Motion included a proposed order approving the Motion on an interim basis (the "Proposed Interim Order"). Following consultation with the United States Trustee, the Debtors made certain revisions to the Proposed Interim Order. 2. A copy of the Proposed Interim Order incorporating revisions set forth above is attached hereto as Exhibit A and, for the convenience of the Court and other interested parties, a blackline comparing the revised Proposed Order against the version filed with the Motion is The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996), SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC (4493), SilverRock Luxury Residences, LLC (6598) and SilverRock Phase I, LLC (2247). The location of the Debtors' principal place of business and the Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101. 2 Capitalized terms used herein, but not otherwise defined, have the meanings given them in the Motion. attached hereto as Exhibit B. To the extent the Court has any questions or concerns, Debtor requests in the alternative that counsel be afforded an opportunity to address those questions and concerns at the hearing currently scheduled for September 11, 2024, at 2:00 p.m. (ET) (the "Hearing"). WHEREFORE, Debtor respectfully requests that the Court enter the revised Proposed Interim Order at its earliest convenience or, alternatively consider the Motion and the additional relief requested at the Hearing. Dated: August 13, 2024 Respectfully submitted, Wilmington, Delaware ARMSTRONG TEASDALE, LLP /s/Jonathan M. Stemerman Jonathan M. Stemerman (No. 4510) Eric M. Sutty (No. 4007) Denisse Guevara (No. 7206) 1007 North Market Street, Third Floor Wilmington, Delaware 19801 Telephone: (302) 416-9670 jstemerman@atllp.com esutty@atllp.com dguevara@atllp.com Proposed Counsel to the Debtors 2 EXHIBIT A IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re SilverRock Development Company., et al.1 Debtors. Chapter 11 Case No. 24-11647 MFW (Jointly Administered) RE: Docket No. 8 INTERIM ORDER (I) AUTHORIZING THE MAINTENANCE OF BANK ACCOUNTS AND CONTINUED USE OF EXISTING BUSINESS FORMS AND CHECKS, (H) GRANTING LIMITED RELIEF FROM THE REQUIREMENTS OF BANKRUPTCY CODE SECTION 345(B), AND (IIII) GRANTING RELATED RELIEF Upon the Motion of the Debtors for Entry of Interim and Final Orders (I) Authorizing the Maintenance of Bank Accounts and Continued Use of Existing Business Forms and Checks, (II) Granting Limited Relief from the Requirements of Bankruptcy Code Section 345(b), and (III) Granting Related Relief (the "Motion");2 and upon the Declaration of Robert S. Green Jr. Pursuant to 28 U.S.C. § 1746 in Support of the Debtors' Chapter 11 Petitions and First Day Pleadings (the "First Day Declaration"); and the Court finding that: (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated February 29, 2012; (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (c) the Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and (d) the Court may enter a final order consistent with Article III of the United States Constitution; The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996), SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC (4493), SilverRock Luxury Residences, LLC (6598) and SilverRock Phase I, LLC (2247). The location of the Debtors' principal place of business and the Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101. 2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Motion. 1 and upon the record herein; and after due deliberation thereon; and it appearing that sufficient notice of the Motion has been given and that no other further notice is necessary, except as set forth in the Motion with respect to entry of this Interim Order and notice of the Final Hearing (as defined below); and good cause appearing therefor; it is hereby A. ORDERED THAT: 1. The Motion is GRANTED on an interim basis, as set forth herein. 2. The Debtors are authorized, but not directed, to maintain and use the Bank Accounts in the name and with the account numbers existing immediately prior to the Petition Date and shall not be required to establish a specific new bank account for tax payments. 3. The Debtors shall retain authority to close or otherwise modify certain of their accounts and open new debtor in possession accounts, they deem necessary to facilitate the Chapter 11 Cases and their operations. The Debtors are authorized to open any new bank accounts or close any existing bank accounts as they may deem necessary and appropriate in their sole discretion; provided, however, that the Debtors shall give notice within fifteen (15) days of opening or closing any bank account to the Office of the United States Trustee for the District of Delaware (the "U.S. Trustee") and any statutory committees appointed in the Chapter 11 Cases; provided, further, however, that the Debtors shall open any such new bank account at banks that have executed a Uniform Depository Agreement with the U.S. Trustee, or at such banks that are willing to immediately execute such an agreement. 4. The Debtors are authorized to deposit funds in and withdraw funds from the Bank Accounts by all usual means, subject to the same access rights and limitations existing prior to the Petition Date, including, but not limited to, checks, wire transfers, automated clearinghouse transfers, electronic funds transfers, and other debts and to treat the Bank Accounts for all purposes 2 as debtor in possession accounts. 5. The Debtors are authorized, but not directed, to continue to use their pre-printed checks, correspondence, and business forms and checks, including, but not limited to, purchase orders, letterhead, envelopes, promotional materials, and other business forms, substantially in the forms existing immediately prior to the Petition Date, without reference to the Debtors' debtor in possession status, provided that once the Debtors' existing checks have been used, the Debtors shall, when reordering checks, require the designation "Debtor In Possession" and the corresponding bankruptcy case number on all checks; provided, further, that, with respect to checks which the Debtors or their agents print themselves, the Debtors or their agents shall begin printing the "Debtor In Possession" legend on such items within ten (10) days of the date of entry of this Interim Order. 6. The banks listed on Exhibit C to the Motion are hereby authorized and directed to continue to service and administer the Bank Accounts of the Debtors as debtors in possession without interruption and in the usual and ordinary course of business, and to receive, process, honor and pay any and all checks, drafts, wires or ACH transfers drawn on the Bank Accounts by the holders or makers thereof, provided that nothing contained herein shall authorize any such bank to honor any check issued or dated prior to the Petition Date, except as otherwise provided by further order of the Court. In no event shall any of the banks be required to honor overdrafts or to pay any check, wire or other debit against any of the Bank Accounts that is drawn against uncollected funds. 7. The Debtors are authorized, but not directed, to pay, and the banks may continue to charge and collect, all customary and usual prepetition and postpetition fees arising from or related to the Bank Accounts. 8. Subject to section 553 of the Bankruptcy Code, all banks that maintain the Bank 3 Accounts are prohibited from offsetting, affecting, freezing, or otherwise impeding the Debtors' use of any funds in the Bank Accounts on account of, or by reason of, any claim (as defined in section 101(5) of the Bankruptcy Code) of any such bank against the Debtors that arose before the Petition Date, absent further order of the Court. 9. The Debtors shall continue to maintain detailed records in the ordinary course of business with respect to all transfers so that all transactions (including any intercompany transactions) may be readily ascertained, traced, recorded properly, and distinguished between prepetition and postpetition transactions. 10. To the extent applicable, the Debtors' time to comply with section 345(b) of the Bankruptcy Code is hereby extended for a period of thirty (30) days from the date of this Order (the "Extension Period"), provided, however, that such extension is without prejudice to the Debtors' right to request a further extension ofthe Extension Period ofthe waiver of the requirements of section 345(b) in these Chapter 11 Cases. 11. With respect to banks at which the Debtors hold the Bank Accounts that are party to a Uniform Depository Agreement with the U.S. Trustee, the Debtors shall immediately (a) contact each bank, (b) provide the bank with each of the Debtors' employer identification numbers, and (c) identify each of the Bank Accounts held at such banks as being held by a debtor in possession in a bankruptcy case. 12. To the extent applicable, for Banks at which the Debtors hold Bank Accounts that are not party to a Uniform Depository Agreement with the U.S. Trustee, the Debtors shall use their good -faith effort to cause such Banks to execute a Uniform Depository Agreement in a form prescribed by the U.S. Trustee within thirty days of the date of this Interim Order. The U.S. Trustee's rights to seek further relief from this Court on notice in the event that the aforementioned banks are unwilling to execute a Uniform Depository Agreement in a form prescribed by the U.S. 4 Trustee are fully reserved. 13. Nothing herein further authorizes the Debtors to make transfers or loans to non - debtor affiliates absent further order of the Court. 14. The requirements set forth in rule 6004(a) of the Bankruptcy Rules are hereby waived. 15. The requirements set forth in rule 6003(b) of the Bankruptcy Rules are satisfied because the relief set forth in this Interim Order is necessary to avoid immediate and irreparable harm. 16. The Debtors are authorized to take all actions necessary to effectuate the relief granted pursuant to this Interim Order in accordance with the Motion. 17. This Interim Order is effective immediately upon its entry. 18. The hearing to consider entry of an order granting the relief requested in the Motion on a final basis (the "Final Hearing") shall be held on September 11, 2024 at 2:00 p.m. (ET). (prevailing Eastern Time). Any objection to the entry of a final order granting the relief requested in the Motion shall be filed with the Court and served on the following parties no later than 4:00 p.m. Prevailing Eastern Time on September 4, 2024, (a) the Debtors, c/o SilverRock Development Company, LLC 343 Fourth Avenue, San Diego, CA 92101; (b) proposed counsel to the Debtors, Armstrong Teasdale LLP, 1007 North Market Street, Third Floor Wilmington, Delaware 19801, Attn: Jonathan M. Stemerman (jstemennan@a atllp.com) and P.O. Box 9038, La Jolla CA, 92037, Attn: Victor A. Vilaplana (vavilaplana(�gmail.com), and 5965 Village Way, STE E105, La Jolla, CA 92037 Attn: Benjammin M. Carson (ben(a�benjamincarsonlaw.com); and (f) the Office of the United States Trustee, 844 King Street, Suite 2207, Lockbox 35, Wilmington, Delaware 19801, Attn: Malcolm M. Bates (Malcolm.m.batesusdoi.gov). In the event no objections to entry of the Final Order on the Motion are timely received, this Court may enter such Final Order without need for the Final Hearing. 5 19. The Court shall retain jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Interim Order. 6 EXHIBIT B IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re SilverRock Development Company., et al.1 Debtors. Chapter 11 Case No. 24-11647 MFW (Joint Administration Requested) RE: Docket No. —8 INTERIM ORDER (I) AUTHORIZING THE MAINTENANCE OF BANK ACCOUNTS AND CONTINUED USE OF EXISTING BUSINESS FORMS AND CHECKS, (II) GRANTING LIMITED RELIEF FROM THE REQUIREMENTS OF BANKRUPTCY CODE SECTION 345(B), AND (IIII) GRANTING RELATED RELIEF Upon the Motion of the Debtors for Entry of Interim and Final Orders (I) Authorizing the Maintenance of Bank Accounts and Continued Use of Existing Business Forms and Checks, (II) Granting Limited Relief from the Requirements of Bankruptcy Code Section 345(b), and (III) Granting Related Relief (the "Motion");2 and upon the Declaration of Robert S. Green Jr. Pursuant to 28 U.S.C. 5C 1746 in Support of the Debtors' Chapter 11 Petitions and First Day Pleadings (the "First Day Declaration"); and the Court finding that: (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated February 29, 2012; (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (c) the Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and (d) the Court may enter a final order consistent with Article III of the United States Constitution; ' The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996), SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC (4493), SilverRock Luxury Residences, LLC (6598) and SilverRock Phase I, LLC (2247). The location of the Debtors' principal place of business and the Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101. 2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Motion. 1 and upon the record herein; and after due deliberation thereon; and it appearing that sufficient notice of the Motion has been given and that no other further notice is necessary, except as set forth in the Motion with respect to entry of this Interim Order and notice of the Final Hearing (as defined below); and good cause appearing therefor; it is hereby A. ORDERED THAT: 1. The Motion is GRANTED on an interim basis, as set forth herein. 2. The Debtors are authorized, but not directed, to maintain and use the Bank Accounts in the name and with the account numbers existing immediately prior to the Petition Date and shall not be required to establish a specific new bank account for tax payments. 3. The Debtors shall retain authority to close or otherwise modify certain of their accounts and open new debtor in possession accounts, they deem necessary to facilitate the Chapter 11 Cases and their operations. The Debtors are authorized to open any new bank accounts or close any existing bank accounts as they may deem necessary and appropriate in their sole discretion; provided, however, that the Debtors shall give notice within fifteen (15) days of opening or closing any bank account to the Office of the United States Trustee for the District of Delaware (the "U.S. Trustee") and any statutory committees appointed in the Chapter 11 Cases; provided, further, however, that the Debtors shall open any such new bank account at banks that have executed a Uniform Depository Agreement with the U.S. Trustee, or at such banks that are willing to immediately execute such an agreement. 4. The Debtors are authorized to deposit funds in and withdraw funds from the Bank Accounts by all usual means, subject to the same access rights and limitations existing prior to the Petition Date, including, but not limited to, checks, wire transfers, automated clearinghouse transfers, electronic funds transfers, and other debts and to treat the Bank Accounts for all purposes 2 as debtor in possession accounts. 5. The Debtors are authorized, but not directed, to continue to use their pre-printed checks, correspondence, and business forms and checks, including, but not limited to, purchase orders, letterhead, envelopes, promotional materials, and other business forms, substantially in the forms existing immediately prior to the Petition Date, without reference to the Debtors' debtor in possession status, provided that once the Debtors' existing checks have been used, the Debtors shall, when reordering checks, require the designation "Debtor In Possession" and the corresponding bankruptcy case number on all checks; provided, further, that, with respect to checks which the Debtors or their agents print themselves, the Debtors or their agents shall begin printing the "Debtor In Possession" legend on such items within ten (10) days of the date of entry of this Interim Order. 6. The banks listed on Exhibit C to the Motion are hereby authorized and directed to continue to service and administer the Bank Accounts of the Debtors as debtors in possession without interruption and in the usual and ordinary course of business, and to receive, process, honor and pay any and all checks, drafts, wires or ACH transfers drawn on the Bank Accounts by the holders or makers thereof, provided that nothing contained herein shall authorize any such bank to honor any check issued or dated prior to the Petition Date, except as otherwise provided by further order of the Court. In no event shall any of the banks be required to honor overdrafts or to pay any check, wire or other debit against any of the Bank Accounts that is drawn against uncollected funds. 7. The Debtors are authorized, but not directed, to pay, and the banks may continue to charge and collect, all customary and usual prepetition and postpetition fees arising from or related to the Bank Accounts. 8. Subject to section 553 of the Bankruptcy Code, all banks that maintain the Bank 3 Accounts are prohibited from offsetting, affecting, freezing, or otherwise impemd-ing-imj2eding_the Debtors' use of any funds in the Bank Accounts on account of, or by reason of, any claim (as defined in section 101(5) of the Bankruptcy Code) of any such bank against the Debtors that arose before the Petition Date, absent further order of the Court. 9. The Debtors shall continue to maintain detailed records in the ordinary course of business with respect to all transfers so that all transactions (including any intercompany transactions) may be readily ascertained, traced, recorded properly, and distinguished between prepetition and postpetition transactions. 10. To the extent applicable, the Debtors' time to comply with section 345(b) of the Bankruptcy Code is hereby extended for a period of thirty (30) days from the date of this Order (the "Extension Period"), provided, however, that such extension is without prejudice to the Debtors' right to request a further extension of the Extension Period of the waiver of the requirements of section 345(b) in these Chapter 11 Cases. 11. With respect to banks at which the Debtors hold the Bank Accounts that are party to a Uniform Depository Agreement with the U.S. Trustee, within -fifteen 0-5) days-e€ date ef ems of this Interim Order the Debtors shall_ immediately (a) contact each bank, (b) provide the bank with each of the Debtors' employer identification numbers, and (c) identify each of the Bank Accounts held at such banks as being held by a debtor in possession in a bankruptcy case. 12. To the extent applicable, for Banks at which the Debtors hold Bank Accounts that are not party to a Uniform Depository Agreement with the U.S. Trustee, the Debtors shall use their good -faith effort to cause such Banks to execute a Uniform Depository Agreement in a form prescribed by the U.S. Trustee within thirty days of the date of this Interim Order. The U.S. Trustee's rights to seek further relief from this Court on notice in the event that the aforementioned banks are unwilling to execute a Uniform Depository Agreement in a fonn prescribed by the U.S. 4 Trustee are fully reserved. 13. Nothing herein further authorizes the Debtors to make transfers or loans to non - debtor affiliates absent further order of the Court. 14. The requirements set forth in rule 6004(a) of the Bankruptcy Rules are hereby waived. 15. The requirements set forth in rule 6003(b) of the Bankruptcy Rules are satisfied because the relief set forth in this Interim Order is necessary to avoid immediate and irreparable harm. 16. The Debtors are authorized to take all actions necessary to effectuate the relief granted pursuant to this Interim Order in accordance with the Motion. 17. This Interim Order is effective immediately upon its entry. 18. The hearing to consider entry of an order granting the relief requested in the Motion on a final basis (the "Final Hearing") shall be held on , 2024 at (prevailing Eastern Time). Any objection to the entry of a final order granting the relief requested in the Motion shall be filed with the Court and served on the following parties no later than 4:00 p.m. Prevailing Eastern Time on , 2024, (a) the Debtors, c/o SilverRock Development Company, LLC 343 Fourth Avenue, San Diego, CA 92101; (b) proposed counsel to the Debtors, Armstrong Teasdale LLP, 1007 North Market Street, Third Floor Wilmington, Delaware 19801, Attn: Jonathan M. Stemerman (jstemerman@atllp.com) and P.O. Box 9038, La Jolla CA, 92037, Attn: Victor A. Vilaplana (vavilaplana@gmail.com), and 5965 Village Way, STE E105, La Jolla, CA 92037 Attn: Benjammin M. Carson (ben a@benjamincarsonlaw.com)1 and (f) the Office of the United States Trustee, 844 King Street, Suite 2207, Lockbox 35, Wilmington, Delaware 19801, Attn: Malcolm M. Bates (Malcolm.m.bates a?usdoi.gov). In the event no objections to entry of the Final Order on the Motion are timely received, this Court may enter such Final Order without need for the Final Hearing. 19. The Court shall retain jurisdiction with respect to all matters arising from or related 5 to the implementation, interpretation, and enforcement of this Interim Order. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SilverRock Development LLC, et al., Debtors.1 Chapter 11 Case No. 24-11647 MFW (Jointly Administered) CERTIFICATE OF SERVICE I hereby certify that on this 13th day of August, 2024, I filed with the Court and served by U.S. Mail a copy of the Certification of Counsel to all creditors listed on the attached Exhibit A. Dated: August 13, 2024 Wilmington, Delaware ARMSTRONG TEASDALE, LLP /s/Jonathan M. Stemerman Jonathan M. Stemerman (No. 4510) Eric M. Sutty (No. 4007) Denisse Guevara (No. 7206) 1007 North Market Street, Third Floor Wilmington, Delaware 19801 Telephone: (302) 416-9670 jstemerman@atllp.com esutty@atllp.com dguevara@afilp.com Proposed Counsel to the Debtors 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996), SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC (4493), SilverRock Luxury Residences, LLC (6598) and SilverRock Phase I, LLC (2247). The location of the Debtors' principal place of business and the Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101. EXHIBIT A Poppy Bank 438 First Street Santa Rosa, CA 95401 George J. Heuser Revocable Trust 1419 Dolphin Terrace Corona Del Mar, CA 92625 Cypress Point Holdings, LLC 12707 High Bluff Dr., Suite 340 San Diego, CA 92130 RD Olson Construction, Inc. 400 Spectrum Center Drive, Suite 1200 Irvine, CA 92618 Eric Leitstein 2505 Rosemary Court Encinitas, CA 92024 Granite Construction Company c/o Finch Thornton 38000 Monroe Street Indio, CA 92203 Axia Talus, LLC 4421 Thanksgiving Way Lehi, UT 84043 Richard & Lehn Goetz 11420 Brooks Road Windsor, CA 95492 SVR Capital Trust 5809 Seashore Drive Newport Beach, CA 92663 Kenneth and Theresa Green Family Trust 12627 Oakbrook Court Poway, CA 92064 Young Holdings — David Solomon YH-MCSV Fund I, LLC 15 Enterprise Suite 100 Aliso Viejo, CA 92656 Duclos Family Revocable Trust 14854 Chesfield Court San Diego, CA 92127 Young Holdings 15 Enterprise, Ste 100 Aliso Viejo, CA 92656 Larry Welk 5133 Harding Pike, B-10 Box 301 Nashville, TN 37205 Bar Architects 77 Geary Street, Suite 200 San Francisco, CA 94108 Kurtin Family Trust 8091 Run of the Knolls San Diego, CA 92127 SilverRock Resort Investment M LLC 311 E. Chicago Street, Suite 510 Milwaukee, WI 53202 IRAR Trust FBO Bryan D Holker 2019 Coast Blvd Del Mar, CA 92014 Diane Cimarusti 2019 Coast Blvd. Del Mar, CA 92014 CMG Capital 3160 Crow Canyon Road Suite 400 San Ramon, CA 94583 Claire Fruhwirth Trust P.O. Box 121 Solana Beach, CA 92075 Jason Parr 10980 Pine Nut Drive Truckee, CA 96161 Magnus Blue LLP 12526 High Bluff Drive, Suite 360 San Diego, CA 92130 Jonathan P. Fredricks P.O. Box 701 Rancho Santa De, CA 92067 Mack Revocable Trust 63 Gammons Road Waban, MA 02468 Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 Kevin and Lindy Welk 5133 Harding Pike, B-10 Box 301 Nashville, TN 37205 Bill and Susan Hoehn Family Trust P.O. Box 1606 Rancho Santa Fe, CA 92067 Mobile Modular P.O. Box 45043 San Francisco, CA 94145 Parekh Family Trust 335 15th Street San Diego, CA 92101 McCoy Revocable Trust No. 92 10022 Rellswood Dr., Belvidere, IL 61008 Lieff Real Estate Energy Partners 5 Union Square West #1265 New York, NY 10003 Eric and Hector Beranek 1310 Ocean Drive Manhattan Beach, CA 90266 Robert S. Green, Jr. 1440 Akita Lane Encinitas, CA 92024 NV5, Inc. P.O. Box 74008680 Chicago, IL 60674-8680 Kloiber Real Estate Holdings, LLC 501 W Broadway, Suite 800 San Diego CA 92101 Traub Family Revocable Trust 1425 La Perla Avenue Long Beach, CA 90815 DLA Piper LLP 555 Mission Street, Suite 2400 San Francisco, CA 94105 Bank of America Corporate Center 100 North Tryon Street Charlotte, NC 28255 Attn: Legal Department Intemal Revenue Service Centralized Insolvency Operation P. O. Box 7346 Philadelphia, PA 19101- 7346 SMDM, LLC 81740 MacBeth Street La Quinta, CA 92253 Imperial Irrigation District 81600 Avenue 58 La Quinta, CA 92253 City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Sunrise Golf Construction P.O. Box 499 Nuevo, CA 92567 Manatt, Phelps & Phillips 2049 Century Park East, Ste 1700 Los Angeles, CA 90067-3101 First Insurance Funding P.O. Box 7000 Carol Stream, IL 60197-7000 BMP Contractors Inc 12150 Theodore Street Moreno Valley, CA 92555 Southern California Gas Company P.O. Box 2007 Monterey Park, CA 91754-0957 IOA Insurance Services 1855 West State Rd 434 Longwood, FL 92750 Caldarelli Hejmanowski3398 Carmel Mountain Rd Ste 250 San Diego, CA 92121 Montage International 3 Ada Parkway Suite 100 Irvine, CA 92618" Crosbie Gliner Schiffman 12750 High Bluff Drive Suite 250 San Diego, CA 92130 Williams Scotsman P.O. Box 91975 Chicago, IL 60699-1975 Jacobsson Engineering Construction Inc. P.O. Box 14430 Palm Desert, CA 92255 Project Dynamics, Inc. P.O. Box 14430 Palm Desert, CA 92255 5 Mitchell B. Greenberg, Esquire Abbey, Weitzenberg, Warren & Emery 100 Stony Point Road, Suite 200 Santa Rosa, CA 95401 Kevin S. Mann, Esquire Cross & Simon, LLC U.S. Trustee Office of the United States Trustee J. Caleb Boggs Federal Building 844 King Street, Suite 2207 Lockbox 35 Wilmington, DE 19801