+----------------------------------------+-----------------------------+
| Attorney or Party Name, Address,       | FOR COURT USE ONLY          |
| Telephone & Fax Numbers, and           |                             |
| California State Bar Number            |                             |
|                                        |                             |
| *Individual appearing without counsel* |                             |
|                                        |                             |
| *Attorney for Movant*                  |                             |
+----------------------------------------+-----------------------------+
| **UNITED STATES BANKRUPTCY COURT**     |                             |
|                                        |                             |
| **CENTRAL DISTRICT OF CALIFORNIA**     |                             |
+----------------------------------------+-----------------------------+
| In re:                                 | CHAPTER:                    |
|                                        |                             |
| > Debtor(s).                           | CASE NO.:                   |
+----------------------------------------+-----------------------------+
|                                        | DATE:                       |
|                                        |                             |
|                                        | TIME:                       |
|                                        |                             |
|                                        | CTRM:                       |
|                                        |                             |
|                                        | FLOOR:                      |
+----------------------------------------+-----------------------------+

> **ORDER GRANTING MOTION FOR**

1.  **(1) RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362, AND**

**(2) RELIEF FROM TURNOVER UNDER 11 U.S.C. § 543 BY PREPETITION**

**RECEIVER OR OTHER CUSTODIAN**

> **(MOVANT/LENDER:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> (the "Movant"))**

1\. The Motion was: Contested Uncontested Settled by Stipulation

2\. The Motion affects the following real property (the "Property"):

*Street Address:*

*Apartment/Suite No.:*

*City, State, Zip Code:*

Legal description or document recording number (including county of
recording):

See attached page.

3\. The Motion is granted under: 11 U.S.C. § 362(d)(1) 11 U.S.C. §
362(d)(2) 11 U.S.C. § 362(d)(3)

4\. As to Movant, its successors, transferees and assigns ("Movant"),
the stay of 11 U.S.C. § 362(a) is:

> a\. Terminated as to Debtor(s) and Debtor's(s') bankruptcy estate.
>
> b\. Annulled retroactively to the date of the bankruptcy petition
> filing.
>
> c\. Modified or conditioned as set forth in Exhibit \_\_\_\_\_\_\_\_\_
> to this Order.

(Continued on next page)

**Relief from stay to foreclose:**

5.   Movant may enforce its remedies to foreclose upon and obtain
    possession of the Property in accordance with applicable
    non-bankruptcy law, but may not pursue any deficiency claim against
    the Debtor(s) or property of the estate except by filing a Proof of
    Claim pursuant to 11 U.S.C. § 501.

6.  Movant shall not conduct a foreclosure sale before the following
    date:

**Annulment, modification, and/or relief from stay regarding
Custodianship Proceedings:**

7.   Turnover excused; Stay annulled: Pursuant to 11 U.S.C. § 543(b)(1),
    the Movant and the Custodian (and their agents) are excused from the
    requirement for immediate turnover of the Property. The Stay is
    annulled to allow all issues regarding the Custodianship to be
    determined by the Custodian's Appointing Court as if this bankruptcy
    case had not been commenced.

8.   Turnover required; Stay modified to allow Appointing Court to
    complete Custodianship Proceedings: Pursuant to 11 U.S.C. § 543
    (b)(2), Movant and Custodian (and their agents) are required to
    turnover any property of the Debtor(s), held by the custodian as of
    the commencement of the bankruptcy case, to the debtor in possession
    or to the appointed trustee within days of the entry of this Order.
    The stay is modified to permit the following proceedings before the
    Appointing Court:

> a\. The Custodian is excused from filing with the bankruptcy court an
> accounting and request for approval of compensation under 11 U.S.C. §
> § 543(b)(2) and (c)(2), and is authorized to file with the Appointing
> Court a final report and account and request for order approving
> compensation and reimbursement of costs and expenses in accordance
> with non-bankruptcy law.
>
> b\. The Appointing Court may hear and determine all issues related to
> the appropriateness of the accounting and amounts of compensation
> requested, including any postpetition period prior to the entry of
> this Order, and may authorize payment out of any funds in the
> possession of the Custodian that have not been required to be turned
> over to the Debtor(s) or bankruptcy trustee.
>
> c\. The Appointing Court may proceed as allowed by non-bankruptcy law
> to terminate the Custodianship and exonerate any bond or undertaking
> as may be appropriate.
>
> d\. The Custodian is authorized to file an appropriate motion in the
> bankruptcy court pursuant to 11 U.S.C. § 543(c)(2) to seek an order
> from this Court approving payment of compensation and reimbursement
> approved by the Appointing Court from funds that have been turned over
> to the Debtor(s) or bankruptcy trustee.

9.   Turnover required; all further custodian proceedings to be before
    the Bankruptcy Court: Pursuant to 11 U.S.C. § 543 (b)(2), Movant and
    Custodian (and their agents) are required to turnover any property
    of the Debtor(s), held by the Custodian as of the commencement of
    the bankruptcy case, to the debtor in possession or to the appointed
    trustee within days of the entry of this Order. The Custodian is
    further ordered to file in the Bankruptcy Court and serve on Movant,
    the Debtor(s), and any trustee appointed in the bankruptcy case by
    (specify date):

> a\. An accounting of any property of the Debtor(s) or proceeds thereof
> that has been received by the Custodian
>
> b\. A conformed copy of the appointing order
>
> c\. A motion for payment of compensation for services rendered and
> costs and expenses incurred by such Custodian

10.  Adequate protection required: The stay shall remain in effect
    subject to the terms and conditions set forth in the Adequate
    Protection Attachment to this Order.

11.  In chapter 13 cases, the trustee shall not make any further
    payments on account of Movant's secured claim after entry of this
    Order. The secured portion of Movant's claim is deemed withdrawn
    upon entry of this Order without prejudice to Movant's right to file
    an amended unsecured claim for any deficiency. Absent a stipulation
    or order to the contrary, Movant shall return to the trustee any
    payments received from the trustee on account of Movant's secured
    claim after entry of this Order.

(Continued on next page)

12\. **Scope of relief:** This Court further orders as follows:

> a\. This Order shall be binding and effective despite any conversion
> of this bankruptcy case to a case under any other chapter of Title 11
> of the United States Code.
>
> b\. The 10-day stay provided by Bankruptcy Rule 4001(a)(3) is waived.

> c\. The provisions set forth in the Extraordinary Relief Attachment
> shall also apply (attach Optional Form F 4001- 1O.ER).
>
> d\. See attached continuation page for additional provisions.

Dated:

> *UNITED STATES BANKRUPTCY JUDGE*

**ADEQUATE PROTECTION ATTACHMENT**

**(MOVANT/LENDER: [(the "Movant"))]{.underline}**

*(This Attachment is the continuation page for Paragraph 10 of the Order
on the Motion.)*

The stay shall remain in effect subject to the following terms and
conditions:

1\. The Debtor(s) shall make regular monthly payments in the amount of
\$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ commencing
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. The amount of these payments may be
subject to change under the terms of the parties' original agreements.
All payments due Movant hereunder shall be paid to Movant at the
following address:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

2\. The Debtor(s) shall cure the postpetition default computed through
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_in
the sum of \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as follows:

> a\. In equal monthly installments of
> \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_each
> commencing\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and continuing
> thereafter through and including
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
>
> b\. By paying the sum of
> \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on or before
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
>
> c\. By paying the sum of
> \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on or before
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
>
> d\. By paying the sum of
> \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on or before
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
>
> e\. Other:

3\. The Debtor(s) shall maintain insurance coverage on the property and
shall remain current on all taxes that fall due postpetition with regard
to the property.

4\. The Debtor(s) shall file a Disclosure Statement and Plan on or
before *(specify date):*

> Disclosure Statement shall be approved on or before *(specify date):*
>
> The Plan shall be confirmed on or before *(specify date):*

5\. Upon any default in the foregoing terms and conditions, Movant shall
serve written notice of default to Debtor(s), and any attorney for
Debtor(s). If Debtor(s) fails to cure the default within 10 calendar
days after mailing of such written notice:

> a\. The stay shall automatically terminate without further notice,
> hearing or order.
>
> b\. Movant may file and serve a declaration under penalty of perjury
> specifying the default, together with a proposed order terminating the
> stay, which the Court may grant without further notice or hearing.
>
> c\. The Movant may move for relief from the stay upon shortened notice
> in accordance with Local Bankruptcy Rules.
>
> d\. The Movant may move for relief from the stay on regular notice.

*(Continued on next page)*

6\. Notwithstanding anything contained herein to the contrary, the
Debtor(s) shall be entitled to a maximum of \_\_\_\_\_\_\_\_\_ (number)
notices of default and opportunities to cure pursuant to the preceding
paragraph. Once a Debtor(s) has defaulted this number of times on the
obligations imposed by this Order and has been served with this number
of notices of default, Movant shall be relieved of any obligation to
serve additional notices of default and provide additional opportunities
to cure. If an event of default occurs thereafter, Movant shall be
entitled, without first serving a notice of default and providing the
Debtor(s) with an opportunity to cure, to file and serve a declaration
under penalty of perjury setting forth in detail the Debtor's failures
to perform hereunder, together with a proposed order terminating the
stay, which the Court may enter without further notice or hearing.

7\. The foregoing terms and conditions shall be binding only during the
pendency of this bankruptcy case. If, at any time, the stay is
terminated with respect to the Property by court order or by operation
of law, the foregoing terms and conditions shall cease to be binding and
Movant may proceed to enforce its remedies under applicable
non-bankruptcy law against the Property and/or against the Debtor(s).

8\. If Movant obtains relief from stay based on Debtor's(s') defaults
hereunder, the order granting that relief shall contain a waiver of the
10-day stay created by Federal Rule of Bankruptcy Procedure 4001(a)(3).

9\. Movant may accept any and all payments made pursuant to this Order
without prejudice to or waiver of any rights or remedies to which it
would otherwise have been entitled under applicable non-bankruptcy law.

10\. Other (specify):

**NOTICE OF ENTRY OF JUDGMENT OR ORDER**

**AND CERTIFICATE OF MAILING**

**TO ALL PARTIES IN INTEREST ON THE ATTACHED SERVICE LIST:**

1.  You are hereby notified, pursuant to Local Bankruptcy Rule 9021-1,
    that an ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY
    UNDER 11 U.S.C. § 362 (in whole or in part) AND GRANTING RELIEF FROM
    TURNOVER OF PROPERTY UNDER § 543 was entered on *(specify date)*:

2.  I hereby certify that I mailed a copy of this notice and a true copy
    of the order or judgment to the persons and entities on the attached
    service list on *(specify date):*

> Dated: **JON D. CERETTO**

**Clerk of the Bankruptcy Court**

By:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*Deputy Clerk*