Court Appointed Receiver and Asset Management Company, Nationwide

1. DISTRESSED PROPERTIES UNIT
WASHINGTON
MONTANA
NORTH
DAKOTA MINN
Court Appointed Receiver
OREGON
IDAHO
WYOMING
SOUTH
DAKOTA
NEBRASKA IOWA
Chapter 11/ Restructuring
NEVADA
UTAH COLORADO
Asset Management
ARIZONA
NEW
MEXICO
TEXAS LA
ALA GA Construction Management
Leasing/Marketing
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE
800-808-8559
www.dmfcourtreceiver.com
A Division of the Merrill Group of Companies
www.themerrillgroupco.com

2. DISTRESSED PROPERTIES UNIT
As one of the largest Federal and State Court Appointed Receivers for a combination of receivership
and asset and property management firms in the United States, we have been appointed to over
400 cases, representing over 73 lending institutions.
With over 19 years of courtroom experience, David M. Frank has implemented programs, services
and procedures to assist lenders in protecting the security of their loans, namely increasing market
value and generating higher revenue. Problem management issues, such as debt and creditor
workouts, are one of the proprietary tasks of the Distressed Properties Unit.
Since 1985, The Merrill Group of Companies, an affiliate of the receiver is a full service property
management company with 160 offices affiliated nationwide has specifically managed, industrial,
multi-family, hospitality, special purpose properties and millions of square feet of both retail and
office space.
The Companies Distressed Properties Unit consists of a Property Manager, Asset Manager, Assistant
Property Manager, Construction Manager, and Maintenance Director. With our combined Team,
we survey the property, perform interior and exterior inspections (determining the life, safety, and
health conditions), leasing and area demographics, and any issues regarding the property.
As a group, we develop a strategic plan for the operation of the property internally, and management
commences immediately based upon our action plan that includes tenant interviews and evaluations,
legal, vendors, insurance, accountings and proceed with acquiring the property’s books and
records. Our Asset Management Department prepares a budget, expense and cash flow reports,
and oversees the operation of the property.
Our on-line paperless document system includes 24-hour access to monthly financial reports,
leasing information, maintenance reports and is available 24 hours a day simply by going on line
through our web site secured data room.
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

3. DEPARTMENT OVERVIEW
Court Appointment
Develop
Plan with
Client Property
Asset Inspection and
Management Evaluation
Property
Tenant
Maintenance DISTRESSED PROPERTY Interviews and
Evaluation
Accounting Legal
and Department
Collections Resolve
Issues
Legal Department
◊ Prepares Motions for Receivership and Final Accounting and serves all parties with
the appropriate reports and pleadings.
◊ Takes possession of the asset and conducts audit pursuant to the order of the Court.
◊ Assists in debt work-outs and/or sells or manages assets in order to optimize proceeds.
Asset Management
◊ Develops a customized management plan specifically for the asset.
◊ Performs tenant interviews and evaluations.
◊ Maintains detailed records, including monthly income and expense reports and complete
receivables and payables tracking along with detailed check register information and
monthly bank account reconciliation.
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

4. DEPARTMENT OVERVIEW
Property Maintenance
◊ Performs repairs and regular maintenance services to protect the value of the property.
◊ Prepares a Field Inspection Report of the property condition and health & safety issues.
◊ Performs property inspections at regularly scheduled intervals to assure the continued
quality of the property, buildings and grounds.
Leasing
◊ Meets with prospective tenants to evaluate their space needs and designs a plan that
will assist tenants in making their decision.
◊ Prepares a full property report and traffic radius reports.
◊ Prepares all documentation for lease agreements and provides store-front signage
assistance and property management information.
Construction Management
◊ Detailed review of the property condition. Preparation of recommendations for any
deferred maintenance or other related physical issues.
◊ As required, confers with architect and/or civil engineer regarding any issues beyond
normal repair and maintenance.
◊ As reguired, prepares all documents, cost estimates, and time-lines necessary to effect
completion of the subject repairs, maintenance and/or construction.
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

5. THE MERRILL GROUP OF COMPANIES / DMF COURT RECEIVER’S OFFICE
DEPARTMENTAL CHART
David M. Frank
CEO
ASSET PROPERTY BUILDING TAKE-OVER INVESTMENT BANKING RISK BUSINESS IT
ACCOUNTING BROKERAGE CONSTRUCTION LEGAL ADMINISTRATION
MANAGEMENT MANAGEMENT SERVICES STRIKE TEAM & ACQUISITIONS ANALYSIS DEVELOPMENT MANAGEMENT
Regional Director Property Manager Financial Services Regional Building Regional Risk Client Relations Corporate Planning Director of IT
Strike Team Leader CIO Administration Administration Administration
Director Services Mgr. Analysis Supervisor Manager Communications & Design
Asset Manager Property Manager Vendor Account Risk Field Construction Network Administrator
CFO 1 Utilities
CFO 2 Manager Anaylsis Supervisor Management
Property Manager Maintenance Take-Over Account Risk Field General Database
Asset Manager Senior Property Budgeting Reporting
Financial Reporting Supervisor Team 1 Analysis Supervisor Contracting
Accountant CAM Reconciliation
Lease Administration
Maintenance Take-Over Account Risk Field
Property Manager Analysis Imaging
Supervisor Team 2 Supervisor
Accounts Payable 1 Accounts Receivable 1
Take-Over
Field Supervisor
Field Supervisor Field Supervisor Team 2
Accounts Payable 2 Accounts Receivable 2
Field Supervisor
Field Supervisor Field Supervisor
Payroll
Field Supervisor
Collections

6. ASSET / BUSINESS MANAGEMENT
CORE SERVICES
◊ Receivership Services ◊ Chapter 11 Bankruptcy Trustee Services
◊ Real Estate Asset Management Services ◊ Real Estate Property Management Services
◊ Real Estate Facilities Management Services ◊ Construction Services
◊ Construction Management ◊ General Contracting
TRANSITION PLAN
Our team understands the unique challenges associated with the transition process and work with
the lender to minimize disruption to ongoing operations, reduce time and effort, maintain tenant
morale, produce effective results and allow for informed decisions through effective communication
and organization. Upon appointment we provide a 24-36 Hour Preliminary Report to the Client with
Property Inspection, Evaluation & Photos and continue with the transition listed below:
WITHIN 2 WEEKS WITHIN 30 DAYS ON-GOING
◊ Complete Takeover ◊ A Year end budget is ◊ Monthly and Quarterly
Report is provided to Client created and provided to Financials are provided
which includes abstracting Client with a cash needs
◊ Establish budget
lease analysis, building analysis, repairs, leasing,
procedures and policies
and property condition, and tenant retention issues
◊ Implementation of the
Inspections & Tenant ◊ Vendor Bidding
on-going Action Plan
information. and initial repairs and
maintenance have ◊ Rents & Profits
◊ Action Plan is completed
commenced
◊ Legal department
◊ Financial accounting
notifies all the vendors has been updated and
and property depository processed into our
banking institution computer system
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

7. ASSET / BUSINESS MANAGEMENT
For over 25 years in business and 18 years as a court appointed receiver, our client relationships
have been built on integrity, responsiveness, performance.
At all times, The Merrill Group of Companies seeks creative solutions that maximize and
protect the property value. The Companies Asset and Business Management delivers a
comprehensive range of services as set forth in more detail below.
◊ The Portfolio Manager and Field Supervisor will visit the property and handle tenant issues,
health and safety issues, maintenance and related subjects and prepare appropriate
solutions.
◊ 24-hour Emergency Service Line, which will allow tenants and others access to the
managers of your property even on holidays and weekends. Should any emergency occur,
we will notify you immediately.
◊ Monitoring of vendors and contractors, preparation of specifications for new contracts,
negotiation and/or renegotiations for new contracts, and performance evaluation of
existing contracts.
◊ Monthly financial statement: On a cash basis to include an executive summary of
operational activity and variances to the budget with a general ledger, balance sheet,
budget comparison report, summary income sheet, aged delinquency report, income
register, rent roll, check register and a bank reconciliation reports.
◊ Prepare tenant billings, collect rent and administer leases.
◊ A monthly narrative report summarizing the activities for the prior month.
◊ A remaining Year End Budget and the annual budget are prepared for the property.
◊ Preventative maintenance programs are established for the building’s mechanical
components. These programs are completed with vendors with inspections made by the
Company staff.
◊ Supervise the services of an on-site property manager (“Site Manager”). Tenant
Satisfaction Surveys are sent out periodically to measure the performance of the
management and maintenance personnel, as well as to assist with the future planning
process.
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

8. ASSET / BUSINESS MANAGEMENT
◊ The management staff monitors all tenant improvement work and works closely with tenant
improvement manager to maintain integrity with the tenant.
◊ Implementation of strong tenant relations programs and administration of all tenant leases,
coordinating closely with the leasing team, and establishes procedures for the prompt
receipt, recordation, investigation and handling of tenant complaints and requests.
◊ Hire, discharge and supervise all employees required for the on-site management,
operation, maintenance and repair of the Property.
◊ Maintain constant review of physical structure, provide recommendations and implement
programs to maintain the image of the property.
◊ Take all reasonable steps, including legal action to enforce all maintenance, service and
supply contracts, guarantees, warranties, bonds and other contractual undertakings, if any.
◊ Engage attorneys experienced in the field of landlord-tenant relations to prosecute defaults
under leases and other agreements relating to the occupancy of the Property.
◊ Emergency Response Planning (ERP)
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

9. ACCOUNTING SERVICES
COMMITMENT TO INVESTING
The Merrill Group of Companies’ seasoned and dedicated accounting staff are a key value added
contributor to a comprehensive management program. As such, the company invests in training of
our accounting team and is constantly in the workplace recruiting applicants with industry specific
accounting knowledge.
REAL-TIME ACCOUNTING SERVICES
The Merrill Group of Companies has the ability to provide full accounting services deliver customizable,
real-time reporting through web-enabled technology, allowing our managers and accountants to
work more efficiently.
SCOPE OF SERVICES
The basic scope of accounting services includes the following:
◊ Narrative Report
◊ Variance Report
◊ Check Register
◊ Tenants Cash Receipts Journal
◊ CAM Accounts Receivable Status
◊ Bank Statements & Reconciliation
Optional Reports available:
◊ Trial Balance
◊ Balance Sheet
◊ General Ledger
◊ Supporting Schedules
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

10. CLIENT LIST
American International Bank Essex Property Trust Midvale Capital Group
American Savings Bank Federal Deposit Insurance Corporation National Bank of Southern California
AMRESCO Financial, Inc. Federal National Mortgage Association Nevada State Bank
Bank of America Fidelity Federal Bank North County Bank
Bank of the West First Bank Northeast Savings Bank
Bankers Mutual First Federal Bank of California Northern Trust of California Bank
Bay View Federal Bank First Fidelity Thrift & Loan Association Ocwen Federal Bank
Beneficial California, Inc. First Los Angeles Bank Omni Bank
Berkadia Commercial Mortgage LLC First Nationwide Bank P F F Bank & Trust
Berkeley Federal Bank & Trust FSB First Regional Bank Pacific Crest Investment & Loan Bank
Brentwood Thrift & Loan First Union National Bank Pacific Thrift & Loan Co.
Bristol Group GE Capital Realty Group Pomona First Federal Savings
Business Bank of California General Bank Quaker City Federal Savings
C-III Asset Management, LLC Glendale Federal Bank Regency Savings Bank, FSB
California Center Bank GMAC Commercial Mortgage Corp. Resolution Trust Corporation
California Federal Bank Guardian Bank San Pedro Bank
California Thrift & Loan Hanover Financial Sanwa Bank of California
California United Bank Helios AMC, LLC Southern California Bank
Cathay Bank Household Commercial Financial Tokai Bank of California
Cenfed Bank Imperial Capital Bank Trust Bank F.S.B.
Centerline Imperial Commercial Services U. S. Bank
Citibank, N.A. Imperial Thrift and Loan United California Savings Bank
City National Bank Inland Empire National Bank United Pacific Bank
Citizens Business Bank ITT Federal Bank Wells Fargo Bank & Trust
Coast Federal Bank JE Robert Companies Western Bank
Continental Savings of America Key Bank National Association World Trade Bank
Equimax Mortgage & Loan Marathon National Bank
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

11. RECEIVER / TRUSTEE / PROVISIONAL DIRECTOR
David M. Frank
David M. Frank is Chief Executive Officer of The Merrill Group of Companies, LLC a real estate
development and property management company founded in 1985. Mr. Frank’s career began in the
legal field in 1984 after earning a Juris Doctorate in Law at Pepperdine University Law School and
a Bachelor’s degree from University of California, Los Angeles in 1982. Mr. Frank has become one
of the nation’s foremost experts in receiverships. He is currently acting on behalf of the Division of
Resolution and Receiverships of the Federal Deposit Insurance Corporation and has had over 74
public or institutional clients.
As the principal as well as the founder of the Company, Mr. Frank has a 25 year history of working
in business, forensic accounting, and commercial real estate. Beginning in 1992 began to handle
bankruptcy matters, foreclosures, court appointed receiverships and appointments for Resolution
Trust Corporation (RTC) nationwide for over 400 cases. As a provisional director Mr. Frank was
involved in business partnership disputes.
Mr. Frank is a well-seasoned professional having acted as an expert witness, complex business
litigation matters, including fraud issues, tracing of funds, financial data reconstruction, and
valuations. Mr. Frank has spoken on receiverships, business restructuring. As a receiver, Mr. Frank
has operated hotels, business, real estate, and factories involving hundreds of millions of dollars of
properties and assets.
EDUCATION
UCLA Graduate 1982
Pepperdine School of Law Graduate 1984
California Broker’s License 1982
Nevada Broker’s License 2003
California General Contractor’s License 1992
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

12. FEE SCHEDULE
RECEIVERSHIP
Upon confirmation as a Court Appointed Receiver:
$250.00 per hour for State Court Receiver
$100.00 per hour for Receiver Staff Services
Minimum Monthly Fee: $1,250.00
Plus Management Fees based on the Gross Receivables collected
MANAGEMENT SERVICES:
Size of Asset Percentage of OR Monthly One Time
Gross Income Minimum Initial Set-up Report
Abstraction Fee
Retail: 0 to 40,000 sq. ft. 6.0% $1,750.00 $3,000.00
40,000 to 100,000 sq. ft. 5.0% $5,000.00 $3,500.00
100,000 to 200,000 sq. ft. 4.5% $8,000.00 $4,000.00
200,000 sq. ft. and over 3.5% $10,000.00 $6,000.00
Multi-Family: 1 to 15 Units 6.0% $850.00 $2,500.00
16 to 30 Units 6.0% $1,500.00 $3,000.00
31 to 60 Units 6.0% $2,500.00 $3,500.00
61 to 100 Units 5.0% $3,500.00 $5,000.00
101 to 150 Units 4.5% $5,000.00 $6,000.00
151 Units and up 4.0% $6,000.00 $7,000.00
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

13. FEE SCHEDULE
Office: 0 to 40,000 sq. ft. 6.0% $1,750.00 $3,000.00
40,000 to 100,000 sq. ft. 5.0% $5,000.00 $3,500.00
100,000 to 200,000 sq. ft. 4.5% $8,000.00 $4,000.00
200,000 sq. ft. and over 3.5% $10,000.00 $6,000.00
Industrial: 0 to 40,000 sq. ft. 5.0% $1,750.00 $3,000.00
40,000 to 100,000 sq. ft. 4.0% $5,000.00 $3,500.00
100,000 and over 3.5% $8,000.00 $4,000.00
Single-Family Residential: Any Size, for first month $550.00 per Unit
Any size, for subsequent months $375.00 per Unit
Special Unique Assets: Subject to negotiation
All properties are subject to a termination fee of $2,500 to close out the books and cover costs of
delivering the property documents to the receiving party
OTHER SERVICES OFFERED:
Asset Management Services: Subject to negotiation
Commercial Leasing: 6% of the gross scheduled rental income for the first 5 years of the
primary term, and 3% of the gross scheduled rental income for the
second 5 years of the primary term
Construction Management: 20% of the aggregate amount of the contract price of the work
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

14. CORPORATE CONTACTS
David M. Frank Jonathan Klempa
22817 Ventura Blvd., Suite 310 22817 Ventura Blvd., Suite 310
Woodland Hills, CA 91364 Woodland Hills, CA 91364
818-888-9476 Office 818-888-9476 Office
818-887-6666 Fax 818-887-6666 Fax
dfrank@dmfcourtreceiver.com jklempa@dmfcourtreceiver.com
Susan Punos Danielle Watson
3855 South Jones Blvd., Suite 102 3855 South Jones Blvd., Suite 102
Las Vegas, NV 89103 Las Vegas, NV 89103
702-851-0588 Office 702-851-0588 Office
702-889-0008 Fax 702-889-0008 Fax
spunos@dmfcourtreceiver.com dwatson@dmfcourtreceiver.com
Audrey Kanthack Katie Kleber
3855 South Jones Blvd., Suite 102 3855 South Jones Blvd., Suite 102
Las Vegas, NV 89103 Las Vegas, NV 89103
702-851-0588 Office 702-851-0588 Office
702-889-0008 Fax 702-889-0008 Fax
akanthack@dmfcourtreceiver.com kkleber@dmfcourtreceiver.com
Lisa Murray - Consultant Harry Ramnath
22817 Ventura Blvd., Suite 310 3855 South Jones Blvd., Suite 102
Woodland Hills, CA 91364 Las Vegas, NV 89103
818-888-9476 Office 702-851-0588 Office
818-887-6666 Fax 702-889-0008 Fax
lmurray@dmfcourtreceiver.com hramnath@dmfcourtreceiver.com
Marty Bolkin Carol Dvorak
22817 Ventura Blvd., Suite 310 3855 South Jones Blvd., Suite 102
Woodland Hills, CA 91364 Las Vegas, NV 89103
818-888-9476 Office 702-851-0588 Office
818-887-6666 Fax 702-889-0008 Fax
mbolkin@dmfcourtreceiver.com cdvorak@dmfcourtreceiver.com
Joe Sulima Craig Katchen
3855 South Jones Blvd., Suite 102 3855 South Jones Blvd., Suite 102
Las Vegas, NV 89103 Las Vegas, NV 89103
702-851-0588 Office 702-851-0588 Office
702-889-0008 Fax 702-889-0008 Fax
jsulima@dmfcourtreceiver.com ckatchen@dmfcourtreceiver.com
Larry Luck Janet Bryant
3855 South Jones Blvd., Suite 102 3855 South Jones Blvd., Suite 102
Las Vegas, NV 89103 Las Vegas, NV 89103
702-851-0588 Office 702-851-0588 Office
702-889-0008 Fax 702-889-0008 Fax
lluck@dmfcourtreceiver.com jbryant@dmfcourtreceiver.com
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

15. REFERENCES
H. Stewart Carrico II Adelaide Maudsley
Senior Vice President Chapman and Cutler LLP
C-III Asset Management LLC One Utah Center
5221 N. O’Connor Blvd., Suite 600 201 South Main Street, Suite 2000
Irving, TX 75039 Salt Lake City, Utah 84111
Phone: 972-868-5380 Main: 801-533-0066
Fax: 972-868-5495 Direct: 801-320-6731
Fax: 801-533-9595
Curt Spaugh Stephen Santacroce
Senior Vice President Senior Asset Manager
Helios AMC, LLC GE Capital
2 Embarcadero Center, Suite 1360 Commercial Finance Real Estate
San Francisco, CA 94111 1901 Main St., 7th Floor
Phone: 415-374-2834 Irvine, CA 92614
Main: 415-374-2820 Phone: 949-477-1544
Fax: 415-374-2704 Main: 714-319-0660
Fax: 949-477-0903
Richard Ormond Gabriel Liao
Shareholder Perkins Coie LLP
BuchalterNemer, A Professional Corporation Attorney at Law
1000 Wilshire Boulevard, Suite 1500 1888 Century Park East, Suite 1700
Los Angeles, California 90017-2457 Los Angeles, California 90067-1721
Phone: 213-891-5217 Phone: 310-788-3208
Fax: 213-630-5748 Fax: 310-843-1256
DAVID M. FRANK
NATIONWIDE COURT APPOINTED RECEIVER/TRUSTEE

16. AFFILIATED WITH OVER 160 OFFICES
NATIONWIDE
WASHINGTON
NORTH
MONTANA MINN
DAKOTA
OREGON
IDAHO SOUTH
DAKOTA
WYOMING
NEBRASKA IOWA
NEVADA
UTAH COLORADO
ARIZONA
NEW
ALA GA
MEXICO
TEXAS LA