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Case:12-24882-ABC Doc#:447 Filed:09/14/12

Entered:09/14/12 10:15:30 Page1 of 2

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: CORDILLERA GOLF CLUB dba The Club at Cordillera Debtor. ) ) ) ) ) )

Case No. 12-24882 ABC Chapter 11

MOVANTS CERTIFICATE OF NON-CONTESTED MATTER AND REQUEST FOR ENTRY OF ORDER ___________________________________________________________________________ On August 30, 2012, Cordillera Golf Club dba The Club at Cordillera, the debtor and debtor-in-possession in the above captioned case (the Movant), filed a motion pursuant to L.B.R. 9013-1 entitled Motion to: (1) Approve Insurance Premium Financing Pursuant to 11 U.S.C. 364 (c) and (d); and (2) Cancel Prior Insurance Coverage Effective as of August 26, 2012 (the Motion) and a notice pursuant to L.B.R. 9013-1.1 of the Motion (the Notice). Movant hereby certifies that the following is true and correct: 1. Service of the Motion, Notice and proposed order was timely made on all parties against whom relief is sought and those otherwise entitled to service pursuant to the FED. R. BANKR. P. and the L.B.R. as is shown on the Certificate of Service filed on August 30, 2012. 2. Mailing of the Notice was timely made on all other creditors and parties in interest required to be served pursuant to L.B.R. 9013-1 and 2002-1, as is shown on the Certificate of Service filed on August 30, 2012. 3. The docket numbers for each of the following relevant documents are: a. b. c. and d. the proposed order, (Docket No. 400). the Motion and all documents attached thereto and served therewith, (Docket No. 400); the Notice, (Docket No. 401); the Certificate of Service of the Motion and the Notice, (Docket No. 405);

4. No objections to or requests for hearing on the Motion were received by the undersigned, or filed with the Court and docketed in the case file by the date designated in the Notice (September 13, 2012). 5. Subsequent to the filing of the Motion, the Official Committee of Unsecured Creditors (the Committee) requested that it receive notice if the Debtor defaults on its payment obligations. The Debtor and the finance company, AON Premium Finance, LLC, have agreed to

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Case:12-24882-ABC Doc#:447 Filed:09/14/12

Entered:09/14/12 10:15:30 Page2 of 2

provide such notice to the Committee. A revised proposed order reflecting that the Committee will receive notice if the Debtor defaults on its payments is attached hereto. WHEREFORE, Movant prays that the Court forthwith enter an order, a form of which is submitted herewith, granting the requested relief. DATED this 14th day of September, 2012. Respectfully submitted, SENDER & WASSERMAN, P.C. /s/ David V. Wadsworth David V. Wadsworth, #32066 1660 Lincoln Street, Suite 2200 Denver, Colorado 80264 303-296-1999 / 303-296-7600 FAX dvw@sendwass.com Attorneys for the Debtor-in-Possession

Court Use Only: The undersigned deputy clerk certifies that on the date inscribed below, a check of the electronic entries on record in this matter confirms that no objections to or requests for a hearing on this motion have been entered. Dated: ___________________________________ Signature of Deputy Clerk

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Case:12-24882-ABC Doc#:447-1 Filed:09/14/12

Entered:09/14/12 10:15:30 Page1 of 2

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re Case No. 12-24882 ABC

CORDILLERA GOLF CLUB, LLC dba The Club Chapter 11 at Cordillera, Tax ID / EIN: 27-0331317
Debtor.

ORDER GRANTING MOTION TO: (1) APPROVE INSURANCE PREMIUM FINANCING PURSUANT TO 11 U.S.C. 364(c) and (d); AND (2) CANCEL PRIOR INSURANCE COVERAGE EFFECTIVE AS OF AUGUST 26, 2012

THIS MATTER having come before the Court on Cordillera Golf Cub, LLC dba The Club at Cordilleras (Debtor) Motion to: (1) Approve Insurance Premium Financing Pursuant to 11 U.S.C. 364 (c)and (d); and (2) Cancel Prior Insurance Coverage Effective as of August 26, 2012 (the Motion), the Debtor having provided proper notice of the Motion pursuant to Rules 4001(c) and 9014 of the Federal Rules of Bankruptcy Procedure, and Rule 9014 of the Local Rules of Bankruptcy Procedure, and it appearing that the entry of this Order is essential to the continued orderly operation of the Debtors business and is in the best interest of the Debtor and the Debtors estate, the Court hereby ORDERS that pursuant to Sections 364(c) and 364(d) of the Bankruptcy Code1, the Motion is GRANTED. The Debtors Commercial Premium Finance Agreement and Security Agreement (the Agreement) with AON Premium Finance, LLC (APF) attached as Exhibit 1 to the Motion is APPROVED. The Court further ORDERS that the Debtor is authorized to: a) enter into the Agreement; b) grant APF or its successor or assigns a first priority lien on and security interest in unearned premiums as described in the Agreement; c) grant APF or its successor or assigns a lien in loss payments under the Policies which reduce unearned premiums subject to any mortgagee or loss payee interest, and d) make all payments due under the Agreement. APF is authorized to receive and apply such payments to the indebtedness owed by the Debtor to APF as provided in the Agreement. The Court further

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Case:12-24882-ABC Doc#:447-1 Filed:09/14/12

Entered:09/14/12 10:15:30 Page2 of 2

ORDERS the following additional provisions between the parties are APPROVED: a) If the Debtor does not make any of the payments due under the Agreement as they become due, but subject to the Debtors right to cure any payment default within ten (10) days written notice2 of default from APF to the Debtor, its counsel and counsel for the Official Committee of Unsecured Creditors appointed in the above captioned case (the Committee), the automatic stay shall automatically lift to enable APF and/or third parties, including insurance companies providing the coverage under the Zurich/St. Paul Policies, to take all steps necessary and appropriate to cancel the Zurich/St. Paul Policies, collect the unearned premiums for the Debtors obligations under the Zurich/St. Paul Policies and apply such unearned premiums to the indebtedness owed to APF by the Debtor. In exercising such rights, APF and/or third parties shall comply with the notice and other relevant provisions of the Agreement and applicable law, including the Debtors request that its counsel and counsel for the Committee be included on the list of parties entitled to receive notice. b) APF, or any third party, including insurance companies providing the coverage under the Policies, exercising such rights shall comply with the notice provisions and other provisions of the Agreement, including the Debtors request that its counsel and counsel for the Committee be included on the list of parties entitled to receive notice. ORDERS that: a) the Debtors insurance policies with Philadelphia are cancelled effective August 26, 2012; b) the Debtor is not responsible for any additional payments to Philadelphia; and c) the cancellation of the Philadelphia Policies shall not terminate any rights the Debtor or other persons or entities insured thereunder may have for the policy period from June 26, 2012 through August 26, 2012. DATED this ____ day of ________________, 2012. BY THE COURT:

_________________________________ United States Bankruptcy Court Judge

NoticeshallbeprovidedtotheDebtorasprovidedundertheZurich/St.PaulPoliciesandtocounselforthe DebtorandtheCommitteeasfollows: TotheCommitteescounselviaemailandU.S.Mail: TotheDebtorscounselviaemailandU.S.Mail: JayH.Ong ChrisCelentino MUNSCHHARDTKOPF&HARR,P.C. MikelBistrow FrostBankTower Foley&LardnerLLP 401CongressAvenue,Suite3050 402W.Broadway,Suite2100 Austin,Texas787014071 SanDiego,CA92101 ccelentino@foley.com;mbistrow@foley.com jong@munsch.com
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