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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States Securities and Exchange 

Commission,

Plaintiff,

v. 

Jonathan Larmore, et al.,

Defendants.

No. CV-23-02470-PHX-DLR

ORDER APPOINTING 

TEMPORARY RECEIVER AND 

TEMPORARILY FREEZING 

ASSETS AND IMPOSING 

LITIGATION INJUNCTION

WHEREAS this matter has come before this Court upon motion of the Plaintiff 

U.S. Securities and Exchange Commission (“SEC” or “Plaintiff”) to appoint a receiver in 

the above-captioned action to protect investors in investment funds (the “ArciTerra 

Funds”) owned and/or controlled by one or more of Defendants Jonathan M. Larmore 

(“Larmore”), ArciTerra Companies, LLC (“ArciTerra”), ArciTerra Note Advisors II, 

LLC (“Fund II Advisors”), ArciTerra Note Advisors III, LLC (“Fund III Advisors”), and 

ArciTerra Strategic Retail Advisor, LLC (“ASR Advisor”) (collectively, and excluding 

Larmore, the “Receivership Defendants”); and

WHEREAS the Court finds that, based on the record in these proceedings, the 

appointment of a receiver in this action is necessary and appropriate for the purposes of 

marshaling and preserving all assets of the ArciTerra Funds, the Receivership 

Defendants, and the known and unknown Affiliates of the Receivership Defendants 

(collectively, the “Receivership Entities”),1and to preserve those assets of the 

1 For purposes of this Order, the term “Affiliate” has the meaning ascribed to it in 

Rule 405 of the Securities Act of 1933, 17 C.F.R. § 230.405 (“An affiliate of, or person 

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Receivership Entities held in constructive trust for the Receivership Entities that were 

fraudulently or improperly transferred out of the Receivership Entities to CSL 

Investments, LLC (“CSL Investments”), MML Investments, LLC (“MML Investments”), 

Spike Holdings, LLC (“Spike Holdings”), and JMMAL Investments, LLC (“JMMAL 

Investments”) (collectively, the “Entity Relief Defendants”); and/or may otherwise be 

includable as assets of the estates of the Receivership Entities (collectively, the

“Recoverable Assets”); 

WHEREAS this Court has subject matter jurisdiction over this action and personal 

jurisdiction over the Receivership Entities, and venue properly lies in this district; and

WHEREAS, Defendants and Relief Defendants have consented to entry of this 

Order pending the Court’s determination of the SEC’s motion for a preliminary 

injunction.

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND 

DECREED THAT:

I. Exclusive Jurisdiction

1. This Court hereby takes exclusive jurisdiction and possession of all of the 

assets of the Receivership Entities, together with all proceeds thereof (collectively, the 

“Receivership Assets”) of whatever kind, wherever situated, or whenever obtained. 

II. Appointment of Receiver

2. Until further Order of this Court, Allen Applbaum is hereby appointed to 

serve without bond as receiver (the “Receiver”) for the receivership estate of the 

Receivership Entities (the “Receivership Estate”), including the Receivership Assets, to, 

among other duties and rights set forth in this Order and available under applicable law 

and without limiting any other provisions of this Order, (a) preserve the status quo to 

enable the Receiver to perform the duties specified hereunder; (b) ascertain the financial 

affiliated with, a specified person, is a person that directly, or indirectly through one or 

more intermediaries, controls or is controlled by, or is under common control with, the 

person specified.”). A non-exhaustive list of Receivership Entities is attached as Exhibit 

A to this Order. 

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condition of the Receivership Entities and Receivership Assets; (c) oversee and manage, 

consistent with the relevant governing documents and applicable law, the Receivership 

Entities and Receivership Assets; (d) prevent the encumbrance or disposal of the 

Receivership Assets contrary to the Receiver’s mandate; (e) preserve the books, records, 

and documents of the Receivership Entities and Receivership Assets; (f) manage 

litigation by and against the Receivership, the Receivership Entities and the Receivership 

Assets; (g) propose for Court approval a fair and equitable distribution of the remaining 

Receivership Assets; and (h) be available to respond to investor inquiries, all as further 

set forth in this Order. 

III. Asset Freeze

3. Except as otherwise specified herein or in other orders of this Court, all 

assets of Larmore, all Receivership Assets, and all Recoverable Assets held by the Entity 

Relief Defendants are frozen, except for assets in the Receiver’s control or which come 

under the Receiver’s control, whose disposition is governed by other provisions of this 

Order including but not limited to the use of such assets needed to continue the ordinary 

course operations of the Receivership Entities for the benefit of investors as determined 

by the Receiver as set forth in Paragraph 6.G of this Order. Defendants, Entity Relief 

Defendants, and Defendants’ and Entity Relief Defendants’ officers, agents, servants, 

employees, attorneys, subsidiaries and affiliates, and those persons in active concert or 

participation with any of them, who receive actual notice of this Order, by personal 

service or otherwise, and each of them, be and hereby are restrained and enjoined from, 

directly or indirectly, transferring, assigning, selling, hypothecating, changing, wasting, 

dissipating, converting, concealing, encumbering, or otherwise disposing of, in any 

manner, any funds, assets, securities, claims or other real or personal property, including 

any notes or deeds of trust or other interest in real property, wherever located, of any one 

of the Defendants or Entity Relief Defendants (up to the amount of Recoverable Assets 

held by the Entity Relief Defendants), or their subsidiaries or affiliates, owned by, 

controlled by, managed by or in the possession or custody of any of them and from 

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transferring, encumbering, dissipating, incurring charges or cash advances on any debit or 

credit card or credit arrangement of any one of Defendants and Entity Relief Defendants 

(up to the amount of Recoverable Assets held by the Entity Relief Defendants). A nonexhaustive list of known bank accounts with appropriate redactions for personally 

identifiable information and entities subject to the asset freeze is attached hereto as 

Exhibit B.2

IV. General Powers and Duties of Receiver

4. The Receiver shall have all powers, authorities, rights, and privileges 

heretofore possessed by the Receivership Entities, and any officers, directors, managers, 

managing members, and general and limited partners of the Receivership Entities, under 

applicable state and federal law, by the governing charters, by-laws, articles, and/or 

agreements in addition to all powers and authority of a receiver at equity, and all powers 

conferred upon a receiver by the provisions of 28 U.S.C. §§ 754, 959 and 1692, and Fed.

R. Civ. Proc. 66, except that the Receiver shall conduct a cost/benefit analysis and 

consult with the SEC staff prior to commencing any affirmative litigation.

5. All of the powers derived from any source of any and all officers, directors, 

managers, managing members, general and limited partners, employees, investment 

advisers, accountants, attorneys, and other agents and advisers of the Receivership 

Entities are hereby suspended, except to the extent as may hereafter be expressly granted 

by the Receiver in the Receiver’s sole discretion and, to the extent necessary (in the sole 

determination of the Receiver), approved by the Court. The Receiver shall assume and 

control the operation of the Receivership Entities and shall preserve all of their assets and 

claims for the benefit of the Receivership Estate. No person holding or claiming any 

position of any type with any of the Receivership Entities shall have any authority to act 

by or on behalf of any of the Receivership Entities, except as may be expressly 

authorized or delegated by the Receiver in writing.

2 The SEC and counsel for the Defendants are authorized to transmit a version of 

Exhibit B that contains the full bank account numbers subject to this Order to the relevant 

financial institutions listed on Exhibit B.

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6. Without limiting the other provisions in this Order, the Receiver shall have 

the following general powers and duties: 

A. Take and retain immediate possession and control of all Receivership 

Assets and all books, records and documents of the Receivership Entities, 

wherever located, related to the Receivership Assets, and to sue for and collect, 

recover, receive and take into possession from third parties, all Receivership 

Assets and records relevant thereto; 

B. Manage, control, operate and maintain the Receivership Entities and hold in 

the Receiver’s possession by and through the Receivership Estate, custody and 

control of all Receivership Assets, subject to the other provisions of this Order;

C. Take any action which, prior to the entry of this Order, could have been 

taken by the officers, directors, managers, managing members, and general and 

limited partners, and agents of the Receivership Entities, acting in their respective 

capacities;

D. Take such action as necessary and appropriate for the preservation of the 

Receivership Estate and Receivership Assets and to prevent the dissipation or 

concealment of the Receivership Assets;

E. Conduct an orderly liquidation or disposition of the Receivership Entities 

and the Receivership Assets in a manner and over a period of time calculated to 

maximize their value for investors and the Receivership Estate; 

F. Have exclusive control of, and be made the sole authorized signatory for, 

all accounts at any bank, brokerage firm or financial institution that has possession 

or control of any Receivership Assets; provided, however, that the Receiver may 

from time to time designate additional signatories as determined in the Receiver’s 

sole discretion; 

G. Pay from the Receivership Assets necessary expenses required to preserve 

and administer the Receivership Assets and Receivership Estate, but in no event 

shall the Receiver, without prior order of the Court, make any payments or 

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transfers of property of a value in excess of $10,000 (ten-thousand dollars), except 

that the Receiver may pay the following fees, costs, expenses and other charges in 

the ordinary course without regard to (i) the foregoing cap and (ii) the asset freeze 

in Paragraph 3 of this Order, and without prior order of the Court: (i) 

compensation and benefits to employees, including temporary non-payroll staff, 

(ii) insurance premiums and related costs, (iii) other routine operating costs and 

expenses of the Receivership Estate, including, without limitation, taxes, rent, 

information technology (including maintenance of hardware and software), water, 

electric, telephone, sewage, garbage, trash removal, and other utilities and 

services, and (iv) all other costs and expenses authorized by this Court pursuant to 

this Order or any other order of this Court; 

H. Locate and bring into the Receivership Estate by all reasonable means 

Receivership Assets and Recoverable Assets that may have been conveyed to, or 

are under the possession and control of, third parties or otherwise concealed;

I. Engage and employ agents, claim and noticing agents, persons, firms and 

other persons and entities, including accountants, attorneys, experts, liquidators, 

brokers, traders, or auctioneers (collectively, “Retained Personnel”), to assist in 

the carrying out of the Receiver’s duties and responsibilities hereunder, subject to 

prior order of the Court, and pay Retained Personnel in accordance with the 

“Billing Instructions for Receivers in Civil Actions Commenced by the U.S. 

Securities and Exchange Commission” (the “Billing Instructions”), as modified by 

this Order;

J. Manage any litigation and claims against the Receivership Entities and/or 

the Receivership Assets; 

K. Recommend to the SEC staff and counsel for the Defendants whether 

litigation against third parties should be commenced to recover assets for the 

benefit of the Receivership Estate and how the litigation fees and costs should be 

paid, including on a contingent fee basis;

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L. Commence, maintain, pursue, resist and defend all suits, actions, claims,

and demands which may now be pending or which may be brought by or asserted 

against the Receivership Entities (in the name of the Receivership Entities and/or 

the Receiver), the Receivership Assets, the Receiver, or the Receivership Estate;

M. Bring all other legal actions based on law or equity in any state, federal, or 

foreign court (including in the name of the Receivership Entities), as the Receiver 

deems necessary or appropriate in discharging the Receiver’s duties as Receiver 

and maximizing recoveries for investors and creditors of the Receivership Entities;

N. Sell, assign, transfer or otherwise dispose of any assets of the Receivership 

Entities either directly or through one or more Retained Personnel, subject to 

approval by this Court with respect to any material assets; 

O. At the appropriate time, propose to the Court a plan to distribute available 

Receivership Assets to investors and creditors of the Receivership Entities that 

may include provisions for (i) an initial distribution to be made by the Receiver, 

(ii) interim distributions to be made by the Receiver from time to time, (iii) a final 

distribution to be made by the Receiver, (iv) a bar date for the filing of claims in 

the Receivership Estate against the Receivership Entities and the Receivership 

Assets and/or for the filing of objections to a schedule of claims prepared by the 

Receiver for the purpose of making distributions, (v) a claim review and 

reconciliation process, (vi) a dispute resolution process for resolving any disputes 

concerning claims or proposed distributions, and (vii) such other matters as are 

determined by the Receiver to be reasonably necessary to facilitate or implement 

the claim and distribution processes, which plan shall be subject to Court 

approval; 

P. Cause the Receiver and its agents to be named as an additional insured on 

any insurance policies covering the Receivership Estate or Receivership Assets;

Q. In the Receiver’s sole discretion or as necessary to maintain lending 

relationships, obtain and/or maintain insurance covering the Receivership Estate, 

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the Receivership Entities and/or the Receivership Assets, and such insurance 

expense shall be deemed a normal, ordinary, and necessary operating expense of 

the Receivership Estate;

R. Consult with the SEC staff, counsel for the Defendants, creditors and 

investors regarding any Receivership Estate matter; and

S. Take such other action as may be approved by the Court.

V. Access to Information, Books, Records, and Accounts

7. The Receivership Entities and each of their (including former) officers, 

directors, managers, managing members, general and limited partners, agents, attorneys, 

accountants, and employees, as well as those acting in their place, are hereby ordered and 

directed to preserve and turn over to the Receiver forthwith all paper and electronic 

information of, and/or relating to, the Receivership Entities and/or Receivership Assets; 

such information shall include but not be limited to books, records, documents, accounts 

and all other instruments and papers.

8. The Receivership Entities and each of their (including former) officers, 

directors, managers, managing members, general and limited partners, agents, attorneys, 

accountants, and employees, as well as those acting in their place, shall cooperate fully 

with the Receiver in his or her efforts to carry out the obligations, duties and purposes set 

out in this Order, subject to and limited by their Fifth Amendment rights. 

9. The Receiver is authorized to open all electronic mail generated by, 

directed to, or received by the Receivership Entities and all mail directed to or received 

by or at the offices or post office boxes of the Receivership Entities, and to inspect all 

mail opened prior to the entry of this Order, to determine whether items or information 

therein fall within the mandates of this Order.

10.All banks, brokerage firms, financial institutions, and other persons or 

entities which have possession, custody, or control of any assets or funds held by, in the 

name of, or for the benefit, directly or indirectly, of the Receivership Entities that receive 

actual notice of this Order shall (i) not liquidate, transfer, sell, convey or otherwise 

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transfer any assets, securities, funds, or accounts in the name of or for the benefit of the 

Receivership Entities except upon written instructions from the Receiver; (ii) not exercise 

any form of set-off, alleged set-off, lien, or any form of self-help whatsoever, or refuse to 

transfer any funds or assets to the Receiver’s control without the permission of this Court; 

and (iii) cooperate expeditiously in providing information and transferring funds, assets,

and accounts to the Receiver or at the direction of the Receiver. 

VI. Notice to Third Parties

11. The Receiver shall promptly give notice of the Receiver’s appointment to 

all known past and present officers, directors, managers, managing members, general and 

limited partners, agents, attorneys, accountants, and employees of the Receivership 

Entities, as the Receiver deems necessary or advisable to effectuate the operation of the 

receivership.

12.All persons and entities owing any obligation or debt to any Receivership 

Entity shall, until further ordered by this Court, perform and/or pay all such obligations in 

accordance with the terms thereof to the Receiver and its receipt for such payments shall 

have the same force and effect as if the applicable Receivership Entity had received such 

performance or payment.

13.The Receiver is authorized to communicate with, and/or serve this Order 

upon, any person, entity, or government office that he deems appropriate to inform them 

of the status of this matter and/or the financial condition of the Receivership Estate. All 

government offices which maintain public files of security interests in real and personal 

property shall, consistent with such office’s applicable procedures, record this Order 

upon the request of the Receiver or the SEC.

14.The Receiver is authorized to instruct the United States Postmaster to hold 

and/or reroute mail which is related, directly or indirectly, to the business, operations or 

activities of any of the Receivership Entities (the “Receiver’s Mail”), including all mail 

addressed to, or for the benefit of, the Receivership Entities. The United States 

Postmaster shall not comply with, and shall immediately report to the Receiver, any 

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change of address or other instruction given by anyone other than the Receiver 

concerning the Receiver’s Mail. The Receivership Entities shall not open any of the 

Receiver’s Mail and shall immediately turn over such mail, regardless of when received, 

to the Receiver. All personal mail of any individuals, and/or any mail appearing to 

contain privileged information, and/or any mail not falling within the mandate of the 

Receiver, shall be released to the named addressee by the Receiver. The foregoing 

instructions shall apply to any proprietor, whether individual or entity, of any private 

mailbox, depository, business or service, or mail courier or delivery service, hired, rented 

or used by the Receivership Estate. The Receivership Entities shall not open a new 

mailbox, or take any steps or make any arrangements to receive mail in contravention of 

this Order, whether through the U.S. mail, a private mail depository or courier service.

15.Subject to payment for services provided, any entity furnishing space, 

water, electric, telephone, sewage, garbage, trash removal, or any other services to the 

Receivership Entities shall maintain such service and related account in the name of the 

Receivership Entity for the benefit of the Receiver and Receivership Estate, or transfer 

such account to the Receiver, unless instructed to the contrary by the Receiver.

VII. Injunction Against Interference with Receiver

16.The Receivership Entities, and all persons and entities receiving notice of 

this Order by personal service, mail, electronic mail, facsimile, regular mail, through 

electronic case filing notices, overnight courier, or in any other manner consistent with 

due process, are hereby restrained and enjoined from directly or indirectly taking any 

action or causing any action to be taken, without the express written agreement of the 

Receiver, that would:

A. Interfere with the Receiver’s efforts to take control, possession, or 

management of the Receivership Entities or any Receivership Assets; such 

prohibited actions include but are not limited to, using self-help or 

executing or issuing or causing the execution or issuance of any court 

attachment, subpoena, replevin, execution, or other process for the purpose 

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of impounding or taking possession of or interfering with or creating or 

enforcing a lien upon any Receivership Assets;

B. Hinder, obstruct or otherwise interfere with the Receiver in the performance 

of the Receiver’s duties; such prohibited actions include but are not limited 

to, concealing, destroying or altering records or information or interfering 

with any claim, distribution, and/or wind-down plans or processes 

established by the Receiver;

C. Dissipate or otherwise diminish the value of any Receivership Assets; such 

prohibited actions include but are not limited to, releasing claims or 

disposing, transferring, exchanging, assigning or in any way conveying any 

Receivership Assets, enforcing judgments, assessments, or claims against 

the Receivership Entities or any Receivership Assets, attempting to modify, 

cancel, terminate, call, extinguish, revoke, or accelerate (the due date of) 

any lease, loan, mortgage, indebtedness, security agreement or other 

agreement executed by the Receivership Estate or which otherwise affects 

any Receivership Assets; or,

D. Interfere with or harass the Receiver, any Retained Personnel or any 

Ordinary Course Professional, or interfere in any manner with the exclusive 

jurisdiction of this Court over the Receiver, the Receivership Estate, the 

Receivership Entities, or the Receivership Assets. 

17.The Receiver shall promptly notify the Court, the SEC staff, and counsel 

for the Defendants of any failure or apparent failure of any person or entity to comply in 

any way with the terms of this Order.

VIII. Stay of Litigation

18.As set forth in detail below, the following proceedings, excluding (i) the 

instant proceeding, (ii) all police or regulatory actions and actions of the SEC related to 

the above-captioned enforcement action, (iii) all actions pending or to be brought by the 

United States of America or any of its agencies, (iv) all actions pending or to be brought 

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by any state or commonwealth within the United States of America pursuant to such 

state’s or commonwealth’s police and regulatory power, and (v) all actions subject to the 

stipulation attached hereto as Exhibit C are stayed and/or enjoined until further Order of 

this Court: 

All existing or future civil legal proceedings of any nature, including, but not 

limited to, bankruptcy proceedings, arbitration proceedings, foreclosure actions, 

default proceedings, or other actions of any nature involving: (a) the Receiver, in 

the Receiver’s capacity as Receiver; (b) the Retained Personnel, in their respective 

capacities as such; (c) the Receivership Estate; and (d) the Receivership Entities or 

any Receivership Assets, wherever located. Any person or entity that seeks to put 

one or more of the Receivership Entities into voluntary or involuntary bankruptcy 

proceedings must seek leave of Court on motion upon no less than 14 (fourteen) 

days’ notice to the Receiver and to the SEC staff. Any such motion must show 

good cause for the filing of voluntary or involuntary bankruptcy proceedings for 

such Receivership Entities. Any person or entity may seek leave of this Court to 

proceed against the Receiver, in such capacity; the Retained Personnel, in such 

capacity; the Receivership Estate; the Receivership Entities; and the Receivership 

Assets. A non-exclusive list of litigations involving the Receivership Entities and 

Receivership Assets that are not otherwise excluded from the stay is set forth on 

Exhibit D hereto.

19.The foregoing stay and injunction shall not prohibit the Receiver from 

commencing or continuing any litigation in its own name or in the name of any 

Receivership Entity. For any cause of action accrued or accruing in favor of the 

Receivership Estate against a third person or party, any applicable statute of limitation is 

tolled during the period in which this stay of existing legal proceedings and injunction 

against commencement of new or expanded legal proceedings is in effect as to that cause 

of action. The Receiver shall provide notice of this stay of litigation order to the parties 

in all known pending cases against the Defendants and entities that they own or control. 

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IX. Managing Assets

20.The Receiver shall at all times administer the Receivership Assets with the 

care and diligence that an ordinary prudent individual would use in handling such 

person’s own estate. 

21.Subject to the restrictions in paragraph 6(G), the Receiver may, without 

further Order of this Court pay expenses that arise in the ordinary course of the 

Receivership Entities’ orderly wind down, on terms and in the manner the Receiver 

deems most beneficial to the Receivership.

22.The Receiver is authorized, without leave of Court, to take all actions to 

manage, maintain, and/or wind-down business operations of the Receivership Entities, 

including making legally required payments to creditors, employees, and agents of the 

Receivership Entities and Receivership Estate, communicating with vendors, landlords, 

investors, governmental and regulatory authorities, and others, and preparing and filing 

all necessary tax returns, as appropriate and necessary for the orderly wind down or 

disposition of the Receivership Entities consistent with 28 U.S.C. § 959(b).

23.In the exercise of the Receiver’s business judgment, the Receiver may take 

all necessary steps to enable the Receivership Estate to obtain and maintain the status of 

a taxable “Settlement Fund,” within the meaning of Section 468B of the Internal 

Revenue Code and of the regulations. 

X. Investigate and Prosecute Claims

24.The Receiver is authorized, empowered, and directed to, in its own name or 

in the name of the Receivership Entities, investigate, prosecute, commence, maintain, 

defend, intervene in or otherwise participate in, compromise, settle, and/or adjust actions 

in any state, federal or foreign court or proceeding of any kind as may, in the Receiver’s 

sole discretion, be advisable or proper to recover and/or conserve Receivership Assets.

25.The Receiver is authorized, empowered, and directed to investigate the 

manner in which the financial and business affairs of the Receivership Entities were 

conducted and (after consultation with SEC staff) to institute such actions and legal 

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proceedings, for the benefit and on behalf of the Receivership Estate, as the Receiver 

deems necessary and appropriate. Prior to investigating any Defendants or Relief 

Defendants, the Receiver shall coordinate with the SEC staff to minimize expense and 

duplication.

26.In furtherance of the Receiver’s power to manage litigation and to conduct 

an investigation, the Receiver is authorized to issue subpoenas for documents and 

testimony consistent with the Federal Rules of Civil Procedure and Court orders without 

further leave of Court. 

27.Any and all attorney-client privilege, work product protection, common 

interest or joint defense privilege, or other privilege or immunity (collectively, the 

“Privileges”) of the Receivership Entities (but excluding any of the Relief Defendants), 

and/or attaching to or arising in or in connection with any of their documents, data or 

communications (whether written or oral), are hereby transferred and belong exclusively 

to the Receiver for the benefit of the Receivership Estate. The Receiver therefore has 

sole authority, and is hereby empowered, to enforce, waive, assign, or release any or all 

Privileges in the exercise of its duties as Receiver. 

XI. Bankruptcy Filing

28.The Receiver may seek authorization of this Court to file a voluntary 

petition for relief under Title 11 of the United States Code (the “Bankruptcy Code”) for 

any or all of the Receivership Entities upon 5 business days’ notice. If any Receivership 

Entity or any Receivership Asset is placed into a bankruptcy proceeding, the Receiver 

may become, and may be empowered to operate the entity or asset, as a debtor in 

possession. In such a situation, the Receiver shall have all of the powers and duties as 

provided a debtor in possession under the Bankruptcy Code to the exclusion of any other 

person or entity. The Receiver is vested with management authority for the 

Receivership Entities and the Receivership Assets and may therefore file such Chapter 

11 petitions and have all of the powers and duties as provided a debtor in possession 

under the Bankruptcy Code. See In re Bayou Group, LLC, 564 F.3d 541, 548-49 (2d

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Cir. 2009).

29.The provisions of Article VIII above bar any person or entity, other than the 

Receiver, from placing any Receivership Entity or any Receivership Asset into 

bankruptcy without prior leave of Court on motion providing no less than 14 (fourteen) 

days’ notice to the Receiver, the SEC, and to counsel for the Defendants.

XII. Conflicts; Liability of the Receiver

30. The Receiver has a continuing duty to ensure that there are no conflicts of 

interest between the Receiver, on the one hand, and the Receivership Estate and 

Receivership Assets, on the other hand. 

31. Until further Order of this Court, the Receiver shall not be required to post 

bond or give an undertaking of any type in connection with the Receiver’s fiduciary 

obligations in this matter, and, if so ordered, all costs and expenses of procuring any such 

bond or undertaking shall be deemed expenses reimbursable to the Receiver from the 

Receivership Estate.

32. The Receiver and Retained Personnel are entitled to rely on all outstanding 

rules of law and Orders of this Court and shall not be liable to any person or entity for 

their own good faith compliance with any order, rule, law, judgment, or decree. In no 

event shall the Receiver or Retained Personnel be liable to anyone for their good faith 

compliance with their respective duties and responsibilities.

33. The Receiver and Retained Personnel shall be indemnified by each of the 

Receivership Entities except for gross negligence, willful misconduct, fraud, or breach of 

fiduciary duty determined by a final order no longer subject to appeal, for all judgments, 

costs, and reasonable expenses including legal fees (which shall be paid under the 

indemnity after court approval as they arise) arising from or related to any and all claims 

of whatsoever type brought against any of them in their capacities as Receiver and 

Retained Personnel; provided, however, that nothing herein shall limit the immunity of 

the Receiver and the Receiver’s advisers and agents allowed by law or deprive the 

Receiver or the Receiver’s advisers and agents of indemnity for any act or omission for 

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which they have immunity. 

34.This Court shall retain exclusive jurisdiction over any action filed against 

the Receiver or Retained Personnel based upon acts or omissions committed in their 

representative capacities or in connection with any action filed by any of them asserting 

an indemnity claim.

35.In the event the Receiver decides to resign, the Receiver shall first give 

written notice to counsel for the Defendants, the SEC’s counsel of record, and the Court 

of its intention, and the resignation shall not be effective until the earlier of the date on 

which the Court appoints a successor and thirty (30) days from the date the Receiver shall 

have given such notice. The Receiver shall then follow such instructions as the Court 

may provide.

36.Prior to taking any action against the Receiver regarding the Receiver’s 

conduct in his capacity as the Receiver, a person must seek and receive leave of this 

Court. This Court shall retain exclusive jurisdiction over any action or controversy 

regarding any matters relating to or arising from the Receiver’s role and conduct in such 

role.

37.This Article XII shall survive the resignation or removal of the Receiver 

and any Retained Personnel and the termination of the receivership. 

XIII. Recommendations and Reports

38.No later than ninety (90) days after the entry of this Order, the Receiver 

shall file and serve a full report and accounting of Receivership Assets (the “First Status 

Report”), reflecting (to the best of the Receiver’s knowledge as of the period covered by 

the report) the existence, value, and location of all Receivership Assets, and of the extent 

of liabilities, both those claimed to exist by others and those the Receiver believes to be 

legal obligations of the Receivership.

39.The First Status Report shall contain the following:

A. A summary of the operations of the Receiver;

B. The amount of cash on hand, the amount and nature of accrued 

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administrative expenses, and the amount of unencumbered funds in the 

estate;

C. A schedule of all the Receiver’s receipts and disbursements, with one 

column for the quarterly period covered and a second column for the entire 

duration of the receivership;

D. A description of all known Receivership Assets; 

E. A description of liquidated and unliquidated claims held by the 

Receivership Estate and approximate valuations of claims; 

F. The Receiver’s recommendations for a continuation or discontinuation of 

the receivership and the reasons for the recommendations; 

G. A recommendation whether to modify the list of Receivership Entities 

attached hereto as Exhibit A based on the Receiver’s investigation; and

H. Any other information that the Receiver reasonably deems appropriate to 

include in the First Status Report.

40.For good cause shown, the Receiver may seek leave of Court to extend the 

time set for the filing of the First Status Report and any Quarterly Status Report. In 

addition, if requested by the SEC or counsel for the Defendants, the Receiver is hereby 

authorized to share with the SEC and counsel for the Defendants a list of all known 

investors and creditors and the amount of their investments and claims, as applicable, 

redacted to exclude personally identifiable information.

41.Subsequent to the filing of the First Status Report, the Receiver shall file a 

quarterly status report (the “Quarterly Status Report”) containing substantially the same 

type of information required to be set forth in the First Status Report. The Quarterly 

Status Report shall be filed within twenty (20) days of the end of each quarter, except 

that, the first Quarterly Status Report shall be filed upon the passing of the first full 

quarter after the First Status Report is filed. 

42.On the request of the SEC, the Receiver shall provide any documentation 

that the SEC deems necessary to meet its reporting requirements, that is mandated by 

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statute or Congress, or that is otherwise necessary to further the SEC’s or State Securities 

Regulator’s mission.

XIV. Fees, Expenses, and Accountings

43.Subject to the specific provisions of this Order, the Receiver need not 

obtain Court approval prior to the disbursement of Receivership Assets for expenses in 

the ordinary course of the wind down of the Receivership Estate. 

44.Subject to the specific provisions of this Order, the Receiver is authorized 

to solicit Retained Personnel to assist the Receiver in carrying out the duties and 

responsibilities described in this Order. The Retained Personnel may include, without 

limitation, Stoneturn Group, LLP, its professionals, paraprofessionals, and administrative 

staff (together, “Stoneturn”). The Receiver is hereby expressly authorized to utilize the 

services of Stoneturn as Retained Personnel (rather than utilizing other similarly situated

or available personnel or professional services firms). 

45.With the exception of Stoneturn and Archer & Greiner, P.C. (“Archer & 

Greiner”), whom the Court hereby approves as Retained Personnel under this Order, the 

Receiver shall not engage any Retained Personnel without first obtaining an Order of the 

Court authorizing such engagement. For the avoidance of doubt, the term “Retained 

Personnel” shall include any professionals retained to provide services to or for any 

Receivership Entity, any Receivership Asset, the Receiver, or the Receivership Estate, 

and any counsel retained for any purpose. 

46.Within thirty (30) days of entry of this Order, each of Stoneturn and Archer 

& Greiner shall file with the Court sworn declarations disclosing any and all material 

connections that they may have to this case. Each of Stoneturn and Archer & Greiner 

shall have a continuing obligation to disclose any potential conflicts that may arise during 

the course of this Receivership.

47.The Receiver and Retained Personnel are entitled to reasonable 

compensation and expense reimbursement from the Receivership Assets as described in 

the Billing Instructions agreed to by the Receiver, as modified by this Order, a copy of 

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which is available at https://www.sec.gov/oiea/Article/billinginstructions.pdf. Such 

compensation shall require the prior approval of the Court.

48.Within forty-five (45) days after the end of each calendar quarter, the 

Receiver and Retained Personnel shall apply to the Court for compensation and expense 

reimbursement from the Receivership Assets (the “Quarterly Fee Applications”). At least 

thirty (30) days prior to filing each Quarterly Fee Application with the Court, the Receiver and

Retained Personnel will serve upon counsel for the Defendants and counsel for the SEC a 

complete copy of its proposed Quarterly Fee Application, together with all exhibits and 

relevant billing information in a format to be provided by SEC staff.

49.All Quarterly Fee Applications will be interim and will be subject to cost 

benefit and final reviews at the close of the Receivership Estate. Such cost benefit review 

may include an evaluation of the results achieved in relation to the costs associated with 

any particular Receivership Asset. At the close of the Receivership Estate, the Receiver 

and Retained Personnel will each file a final fee application, describing in detail the costs 

and benefits associated with all litigation and other actions pursued by the Receiver or 

Retained Personnel, as applicable, during the course of the Receivership Estate.

50.Quarterly Fee Applications will be subject to a holdback in the amount of 

10% of the amount of fees and expenses for each application filed with the Court or such 

other percentage holdback as the Court may order on its own motion or on the request of 

the SEC or counsel for the Defendants. To the extent any fees or expenses are not 

approved by the Court, they must be offset against the 10% holdback (or such other 

holdback ordered by the Court) or be disgorged from the professional as appropriate.

51.Each Quarterly Fee Application shall:

A. Comply with the terms of the Billing Instructions agreed to by the 

Receiver, as modified by this Order; and

B. Contain representations (in addition to the Certification required by the 

Billing Instructions) that: (i) the fees and expenses included therein were 

incurred in the best interests of the Receivership Estate; and, (ii) with the 

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exception of the Billing Instructions, as modified by his Order (and the fact 

that the Receiver may benefit (directly or indirectly) from the compensation 

paid to StoneTurn), the Receiver or Retained Personnel, as applicable, has 

not entered into any agreement, written or oral, express or implied, with 

any person or entity concerning the amount of compensation paid or to be 

paid from the Receivership Assets, or any sharing thereof.

52.At the close of the Receivership, the Receiver shall submit a Final 

Accounting, in a format to be provided by SEC staff, and the Receiver and each Retained 

Personnel shall submit a final application for compensation and expense reimbursement.

53.With respect to any motion or application filed in this case by the Receiver, 

if no party in interest objects prior to the objection deadline applicable thereto, the 

Receiver may file a notice of no objection with this Court and request that the Court enter 

the corresponding order without the need for a hearing. 

54.This Order shall remain in full force and effect pending further order of the 

Court.

SO ORDERED.

Dated this 21st day of December, 2023.

Douglas L. Rayes

United States District Judge

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 20 of 49
EXHIBIT A

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 21 of 49
EXHIBIT A

RECEIVERSHIP ENTITIES

1000 WEST MARION PG FL, LLC

1921 GALLATIN PIKE NASHVILLE TN, LLC

2006 OPERATING PARTNERSHIP, L.P.

2513 E NORTH STREET KENDALLVILLE IN, LLC

412 CROSS OAKS MALL PLAINWELL ML, LLC

5339 ELVIS PRESLEY BLVD. MEMPHIS TN, LLC

5450 US HIGHWAY 80 EAST PEARL MS, LLC

60 COLONIAL PROMENADE PARKWAY ALABASTER AL, LLC

601 RETTA FL, LLC

601 TRENTON ROAD MCALLEN TX, LLC

613 RETTA FL, LLC

700 NORTH GRAND AVENUE MT. PLEASANT, 1A, LLC

751W RETTA ESPLANDE FL, LLC

752 SOUTH ANDY GRIFFITH PARKWAY MT AIRY NC, LLC

7525 PINE VALLEY LANE OWNER, LLC

8001 VAUGHN ROAD MONTGOMERY AL, LLC

81 JAMESON LANE GREENVILLE AL, LLC

880 W MARION AVE FL, LLC

900 WEST MARION AVENUE FL, LLC

ALOHA POP UP PRODUCTIONS, LLC

ARCITERRA AA BARBOURVILLE KY, LLC

ARCITERRA AA LINCOLN NE, LLC

ARCITERRA AA MANISTEE ML, LLC

ARCITERRA AA PAPILLION NE, LLC

ARCITERRA AA PEARL MS, LLC

ARCITERRA AA THEODORE AL, LLC

ARCITERRA AA WEST LIBERTY KY, LLC  

ARCITERRA AZ SLIDELL LA, LLC

ARCITERRA AZ TEMPLE GA, LLC

ARCITERRA AZ WILLIS TX, LLC

ARCITERRA BELL YORK SC, LLC

ARCITERRA BP OLATHE KS, LLC

ARCITERRA CH NEW ORLEANS LA, LLC

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 22 of 49
ARCITERRA COMMERCIAL PROPERTY REIT, LP

ARCITERRA COMMERICAL PROPERTY REIT, INC.

ARCITERRA COMPANIES, LLC

ARCITERRA CV LAFAYETTE LA, LLC

ARCITERRA CV TARPON SPRINGS FL, LLC

ARCITERRA DESIGN, LLC

ARCITERRA DG CAMPBELLSVILLE KY, LLC

ARCITERRA DG GREENVILLE KY, LLC

ARCITERRA DG JUNCTION CITY KY, LLC

ARCITERRA DG MEMPHIS TN, LLC

ARCITERRA DG NORTH BEND OH, LLC

ARCITERRA DG RAVENNA KY, LLC

ARCITERRA DG SHEPHERDSVILLE KY, LLC

ARCITERRA DG SOUTH CHARLESTON OH, LLC

ARCITERRA DG WISTER OK, LLC

ARCITERRA DKS GRAND CHUTE WL, LLC

ARCITERRA FD BOWMAN SC, LLC

ARCITERRA FD EHRHARDT SC, LLC

ARCITERRA FD GREELEYVILLE SC, LLC

ARCITERRA FD PAXVILLE SC, LLC

ARCITERRA FD TUBERVILLE SC, LLC

ARCITERRA FESTIVAL MONTGOMERY AL, LLC

ARCITERRA GC JOHNSON CITY NY, LLC

ARCITERRA GREYSTONE HOOVER AL, LLC

ARCITERRA GROUP, LLC

ARCITERRA HD HENDERSONVILLE TN, LLC

ARCITERRA HD MCALLEN TX, LLC

ARCITERRA KLS JENSEN BEACH FL, LLC

ARCITERRA KLS WARSAW IN, LLC

ARCITERRA KLS WAUSAU WL, LLC

ARCITERRA MICHIGAN ROAD INDIANAPOLIS IN, LLC

ARCITERRA MOV GAL GODDARD KS, LLC

ARCITERRA MOV GAL PARK CITY KS, LLC

ARCITERRA MW NASHVILLE TN, LLC

ARCITERRA NATIONAL REIT, INC.

ARCITERRA NATIONAL REIT, LP

ARCITERRA NOBLE WEST NOBLESVILLE 1N, LLC

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 23 of 49
ARCITERRA NOTE ADVISORS II, LLC

ARCITERRA NOTE ADVISORS III, LLC

ARCITERRA NOTE FUND II LLC  

ARCITERRA NOTE FUND III LLC

ARCITERRA NS INVESTMENT CO.  

ARCITERRA OFF PEP PEARL MS, LLC

ARCITERRA OLATHE POINTE OLATHE KS LLC

ARCITERRA OPPORTUNITY FUND I, LLC

ARCITERRA OR BATTLE CREEK ML, LLC  

ARCITERRA OS MT. PLEASANT IA, LLC

ARCITERRA REAL ESTATE INVESTMENT TRUST, INC.

ARCITERRA REGIONS LAMARQUE TX, LLC

ARCITERRA REIT I MEMBER, LLC

ARCITERRA REIT I MEMBER, LLC

ARCITERRA REIT I MEMBER, LLC

ARCITERRA REIT RSC, LP

ARCITERRA REIT, LP

ARCITERRA SHOPPES AT ALABASTER AL, LLC

ARCITERRA STAR LANCASTER OH, LLC

ARCITERRA STRATEGIC INCOME CORPORATION‐BELLEVILLE CROSSING IL

ARCITERRA STRATEGIC RETAIL ‐ SUFFOLK VA, LLC

ARCITERRA STRATEGIC RETAIL ADVISOR, LLC

ARCITERRA STRATEGIC RETAIL ADVISOR, LLC

ARCITERRA STRATEGIC RETAIL REIT, INC.

ARCITERRA STRATEGIC RETAIL‐ELYRIA OH, LLC

ARCITERRASTRATEGIC RETAIL‐PLAINFIELD VILLAGEUM, LLC

ARCITERRA STRATEGIC RETAIL‐PLAINFILED VILLAGE IN, LLC

ARCITERRA STRATEGIC RETAIL‐WHEATLAND IL, LLC

ARCITERRA S‐W BURTON ML, LLC

ARCITERRA S‐W KALAMAZOO ML, LLC

ARCITERRA S‐W LORAIN OH, LLC

ARCITERRA USB BISMARK ND, LLC

ARCITERRA USB NEW ALBANY OH, LLC

ARCITERRA USB ROCHESTER MN, LLC

ARCITERRA VERMONT INDIANAPOLIS IN, LLC

ARCITERRA VN CLARKSVILLE TN, LLC ~

ARCITERRA VN COLUMBIA TN LLC  

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ARCITERRA VN DICKSON TN, LLC

ARCITERRA VZ HOME GA, LLC

ARCITERRA VZ ROME GA, LLC

ARCITERRA WALCENT GREENVILLE AL, LLC

ARCITERRA WALCENT KENDALLVILLE IN, LLC

ARCITERRA WALCENT PLAINWELL ML, LLC

ARCITERRA WESTGAGE INDIANAPOLIS MEMBER, LLC

ARCITERRA WESTGATE INDIANAPOLIS IN II, LLC

ARCITERRA WESTGATE INDIANAPOLIS IN, LLC

ARCITERRA WG HOMETOWN IL, LLC

ARCITERRA WG KILMARNOCK VA, LLC

ARCITERRA WG MILWAUKEE WL, LLC

ARCITERRA WHITEFISH ADVISORS, LLC

ARCITERRA WHITEFISH OPPORTUNITY FUND, LLC

ARCITERRA WM DOUGLASVILLE GA, LLC

ASR REITLP

AT 18 MILE CENTRAL SC, LLC

AT ALTUS CUMBERLAND GA II, LLC

AT ALTUS CUMBERLAND GA, LLC

AT ALTUS CUMBERLAND MEMBER, LLC

AT ALTUS ECHELON IN, LLC

AT ALTUS ROSWELL GA, LLC

AT AUBURN PLAZA IN II, LLC

AT AUBURN PLAZA IN, LLC

AT AUBURN PLAZA MEMBER, LLC

AT BELLEVILLE CROSSING IL‐INLINE, LLC

AT BELLEVILLE CROSSING IL‐OUTLOTS LLC

AT BLOOMINGTON IL, LLC

AT BOUTTE LA, LLC

AT BRIARGATE IL, LLC

AT BUENA VISTA GA, LLC

AT CANAL WINCHESTER OH, LLC

AT CASTLETON IN ASSOCIATION MANAGER, LLC

AT CASTLETON IN MEMBER II, LLC

AT CASTLETON IN MEMBER, LLC

AT CASTLETON IN MEMBER, LLC

AT CASTLETON IN OWNER II, LLC

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AT CASTLETON IN OWNER, LLC  

AT CASTLETON IN OWNER, LLC

AT CASTLETON IN OWNER, LLC

AT CEDARTOWN GA OUTLOT, LLC

AT CEDARTOWN GA, LLC

AT CENTERVILLE GA, LLC

AT COLONY FITZGERALD GA LLC

AT CONCORD, LLC '

AT DILLON SC OUTLET, LLC

AT EASTMAN GA II, LLC

AT EASTMAN GA, LLC

AT EASTMAN GA, LLC

AT EASTMAN MEMBER, LLC

AT ELYRIA OH INLINE, LLC

AT ELYRIA OH OUTLOT, LLC

AT FL CONSTRUCTION, LLC

AT FORUM KY MEMBER II, LLC

AT FORUM KY MEMBER, LLC

AT FORUM KY MEMBER, LLC

AT FORUM LOUISVILLE KY II, LLC

AT HL BURLINGTON IAII, LLC

AT HL BURLINGTON IA, LLC

AT HL BURLINGTON MEMBER, LLC

AT JEFFERSON CENTER FW IN OWNER, LLC

AT JEFFERSON CENTER FW IN, LLC

ATJPM LINDENHURST IL, LLC

AT LIMA PLAZA FW IN OWNER, LLC

AT LIMA PLAZA FW IN, LLC

AT LINDENHURST IL, LLC

AT LONGVIEW MEMBER, LLC

AT LONGVIEW OUTLOT NORTHEAST, LLC

AT LONGVIEW OUTLOT WEST, LLC

AT LONGVIEW TXII, LLC

AT LONGVIEW TX, LLC

AT LUBBOCK TX, LLC

AT MAX FW IN OWNER, LLC ’

AT MAX FW IN, LLC  

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AT MAYODAN MEMBER, LLC

AT MAYODAN NCII, LLC

AT MAYODAN NC, LLC

AT MF VEGAS, LLC

AT MIDWAY ELYRIA OH, LLC

AT ML LEASEHOLD HI, LLC

AT ML MANAGEMENT HI LLC

AT MMH HI LLC

AT MT. PLEASANT LOT 2, LLC

AT NEW LENOX IL‐GL, LLC

AT NEW LENOX IL‐ INLINE, LLC

AT NEW LENOX IL‐INLINE II, LLC

AT NEW LENOX IL‐OUTLOTS, LLC

AT NEW LENOX‐IL MEMBER, LLC

AT NEW WEST CLIFTON CO, LLC

AT OLATHE MANAGER, LLC

AT OLATHE MANAGER, LLC

AT PINE VALLEY FW IN OWNER, LLC

AT PINE VALLEY FW IN, LLC

AT PLAINFIELD VILLAGE IN II, LLC

AT PLAINFIELD VILLAGE IN, LLC

AT PLAINFIELD VILLAGE MEMBER, LLC

AT PORTLAND COMMONS IN OWNER, LLC

AT PORTLAND COMMONS IN, LLC

AT PT DANVILLE IL II, LLC

AT PT DANVILLE IL, LLC

AT PT DANVILLE MEMBER, LLC

AT SALEM IL OUTLOT, LLC

AT SALISBURY NC OUTLOT, LLC

AT SANDERSVILLE GA, LLC

AT SEVEN HILLS AURORA CO II, LLC

AT SEVEN HILLS AURORA CO, LLC  

AT SEVEN HILLS AURORA CO, LLC

AT SEVEN HILLS AURORA MEMBER, LLC

AT STATESBORO SQUARE GA, LLC

AT SUFFOLK VA2B‐2, LLC

AT SUFFOLK VA2B‐3, LLC

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AT SUFFOLK VA2B‐5, LLC

AT SUFFOLK VA 2B‐6, LLC

AT SUFFOLK VABWW, LLC

AT SUFFOLK VA SC, LLC

AT SUWANEE DEPOT GA, LLC

AT SWEDEN MEMBER, LLC

AT SWEDEN NY II, LLC

AT SWEDEN NY, LLC

AT SWEEDEN NY OUTLOT, LLC

AT TIFFANY SQUARE ROCKY MOUNT NC, LLC

AT TOWNE SQUARE ROME GA, LLC

ATVILLA PLATTE LA II, LLC

AT VILLA PLATTE MEMBER, LLC

AT VILLE PLATTE LA, LLC  

AT WHEATLAND NAPERVILLE IL, LLC

AT WILDWOOD PLAZA MO, LLC

ATA CHERRY CREEK IL, LLC

ATA CYPRESS TOWN CENTER TX, LLC

ATA FISHVILLE FL, LLC

ATA FISHVILLE MANAGEMENT, LLC

ATA FORUM LOUISVILLE KY, LLC

ATA FORUM LOUISVILLE,LLC

ATA HIRAM SQUARE GA, LLC

ATA LANIER FAYETTEVILLE GA II, LLC

ATA LANIER FAYETTEVILLE GA, LLC

ATA LANIER FAYETTEVILLE MEMBER, LLC

ATA MERCADO ST. AUGUSTINE FL, LLC

ATA PALENCIA ST. AUGUSTINE FL, LLC

ATA PLAZA OK, LLC

ATA PRESTON PLAZA KY, LLC

ATA ROGERS BRIDGE GA, LLC

ATA STONE LITHONIA GA, LLC

ATA TRINITY PLACE TN, LLC

ATG REIT RSC, LP

ATR 32, LLC   

BPS, L.L.C.

BPS, L.L.C. OF ALABAMA

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BELLEVILLE IL OUTLOT 6, LLC

BLACK POINT RD, LLC

BREWHOUSE CENTER COURT, LLC

CASTLETON SHOPPING CENTER MK DISPOSITION, LLC

CASTLETON SHOPPING CENTER MK DISPOSITION, LLC

CHOVIA SHOPS MT AIRY NC, LLC

CSL INVESTMENTS, LLC

COLE CAPITAL FUNDS, LLC

DB COMMERCIAL MANAGEMENT, LLC

FISHVILLE KIOSK MEMBER, LLC

FK TELLURIDE, LLC

FUDGE IS US PG, LLC

FV BUILDING 13, LLC

FV BUILDING 15, LLC

GLENROSA 32, LLC

HARBOURVIEW MARKETPLACE, LLC

HARBOURVIEW STATION WEST, LLC

HELENA STAR MT, LLC

JB FISHVILLE HARBOR LAND LLC

JB FISHVILLE RETAIL LAND LLC

JB FORUM LAND, LLC

JB ML LAND HI, LLC ~

JB OLATHE OUTLOT 2, LLC

JB RE INVESTMENTS, LLC

JB SEVEN HILLS, LLC

JB SEVEN HILLS, LLC  

JB TRANSPORTATION, LLC

JBM ACQUIST10NS LLC

JJ RESTAURANT HOLDINGS, LLC

JMLBC G4, LLC

JML MANAGER, LLC

JML TRUST MANAGER, LLC

LEGAL FLOAT LENDING, LLC   

LOUISVILLE RESTAURANT PARTNERS, LLC

LOWER 5629 ROCKRIDGE ROAD, LLC

MML INVESTMENTS, LLC

JMMAL INVESTMENTS, LLC

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 29 of 49
MONTGOMERY MATTRESS, LLC

MONTGOMERY MATTRESS, LLC

PG HOSPITALITY, LLC

PG WATERFRONT HOSPITALITY, LLC

PT PLAZA, LLC    

SAML BAR AND GRILL, LLC

SPIKE HOLDINGS AZ, LLC

STAR MT, LLC

STAR OH, LLC

THE EXCHANGE PLAINWELL ML, LLC

UPPER 5629 ROCKRIDGE ROAD, LLC   

VBH PG, LLC  

WALCENT ARKADELPHIA AK, LLC

WALCENT ELK/IN, LLC

WALCENT KENDALLVILLE IN, LLC

WALCENT LAWTON OK, LLC

WALCENT MORRILTON AK, LLC

WALCENT NEWC/IN, LLC

WALCENT PLAINWELL ML, LLC

WALCENT SHELBY ML, LLC

WALCENT SHOPS SUWANEE GA, LLC

WALCENT WAYNESBORO MS, LLC

WAWASEE WATERCRAFTS, LLC

WHEATLAND CROSSING OWNERS ASSOCIATION

WHEATLAND MARKETPLACE LOT 7 CONDOMINIUM ASSN.

WHITEFISH OPPORTUNITY FUND, LLC

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 30 of 49
EXHIBIT B

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 31 of 49
1 

NON-EXHAUSTIVE LIST OF JONATHAN LARMORE’S ASSETS AND ENTITIES 

SUBJECT TO ASSET FREEZE ORDER 

City National Bank Legal Processing 555 S. Flower Street, 18th Floor Los Angeles, CA 90071 

Email: Legal_Processing@cnb.com 

Account Account Name

XXXXXX6693 Jonathan M Larmore; aka Sole and 

Separate 

KS StateBank 1010 Westloop Place, Manhattan, KS 66502, 785-587-4000 

Account Account Name

XXXXXX0406 Jonathan M Larmore or Michelle A 

Larmore 

XXXXXX0883 Jon Larmore - Savings 

XXXXXX6141 Jonathan M Larmore

XXXXXX7488 Jon Larmore - Sole & Sep 

XXXXXX8836 Wawasee Family Investments LP 

Ridge Clearing & Outsourcing 1981 Marcus Ave # 200, New Hyde Park, NY 11042 

(516) 472-5400

Account Account Name

XXXXXX7728 Jonathan Larmore

Wells Fargo Wells Fargo Bank, N.A., 1305 W 23rd Street, MAC S4001-01E, Tempe, Arizona 85282 

Account Account Name

XXXXXX1161 Michelle A Larmore Jonathan M 

Larmore 

XXXXXX2885 Jonathan M Larmore or Michelle A 

Larmore 

XXXXXX5880 Jonathan M Larmore or Michelle A 

Larmore 

Huntington National Bank Attn: GW4W34 5555 Cleveland Avenue Columbus, OH 43231 

Email: CourtOrderProcessing@huntington.com 

Account Account Name

Jonathan Larmore

Brokerage Accounts for Larmore 

Financial Institution 

JP Morgan Securities LLC 

City National Securities 

TradeStation Securities, Inc 

TD Ameritrade, Inc. and TD 

Ameritrade Clearing, Inc. 

Fidelity

SoFi Capital Advisors, LLC 

WeBull Financial LLC 

Ally Invest Securities f/k/a Ally 

Invest Group Inc. 

Apex Clearing Corporation 

Scott Trade 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 32 of 49
2 

Entities

Morrison Island, LLC 

North East Wawassee, LLC 

Labalme Trail, LLC 

Lutheran Eye Care, LLC 

HV Gardens, LLC 

AT LC 87, LLC 

JML BC G400, LLC 

THE FOLLOWING BANK ACCOUNT IS NOT SUBJECT TO THE ASSET FREEZE. 

Park National Bank Ashley Houston, Research Specialist, Item Processing Department, Research and Adjustments Group, 

office 740-349-2641, Fax 740-349-3709, 24/7 Care 888-474-PARK 

research@parknationalbank.com 

Account Account Name

XXXXXX7227 Jonathan M Larmore

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 33 of 49
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Securities and Exchange Commission,

Plaintiff, 

v. 

Jonathan Larmore; ArciTerra Companies, LLC; 

ArciTerra Note Advisors II, LLC; ArciTerra 

Note Advisors III, LLC; ArciTerra Strategic 

Retail Advisors, LLC; Cole Capital Funds, 

LLC.

Defendants, and 

Michelle Larmore; Marcia Larmore; CSL 

Investments, LLC; MML Investments, LLC; 

Spike Holdings, LLC; and JMMAL ArciTerra 

Companies, LLC; ArciTerra Note Advisors II, 

LLC; ArciTerra Note Advisors III, LLC; 

ArciTerra Strategic Retail Advisors, LLC 

Investments, LLC. 

Relief Defendants.

Case No.: CV-23-2470-PHX-DLR

STIPULATION AND [PROPOSED] 

ORDER 

 EXHIBIT C

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 34 of 49
[PROPOSED] ORDER 2 CASE NO. CV-23-2470-PHX-DLR

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STIPULATION 

The plaintiff Securities and Exchange Commission (“SEC”), Defendants Jonathan M. 

Larmore (“Larmore”), ArciTerra Companies, LLC (“ArciTerra”), ArciTerra Note Advisors 

II, LLC (“Fund II Advisors”), ArciTerra Note Advisors III, LLC (“Fund III Advisors”), and 

ArciTerra Strategic Retail Advisor, LLC (“ASR Advisor”) (collectively “ArciTerra 

Defendants”), and the Intervenors identified in the Schedule attached hereto (“Intervenors”), 

together referred to as the “Stipulation Parties,” hereby stipulate and agree as follows: 

1. The Intervenors do not object, and the ArciTerra Defendants consent, to the 

appointment by the Court of a receiver in this matter (the “SEC Action Receiver”) over the 

ArciTerra Defendants, along with the known and unknown affiliates of the ArciTerra 

Defendants other than, any affiliates of the ArciTerra Defendants that directly own an 

interest in real property and are currently defendants in a pending state or federal court 

foreclosure or receivership action (collectively, the “Excluded Entities”), specifically 

including, without limitation, those entities identified in the attached Schedule. 

2. The pending federal and state court actions with respect to the Excluded 

Entities (collectively, the “Excluded Actions”), including, without limitation, those actions 

identified in the attached Schedule, shall be excluded from the scope of any stay of 

proceedings implemented in this case. The real properties in which the Excluded Entities 

directly own an interest (together, the “Excluded Properties”), including, without limitation, 

those properties identified in the attached Schedule and the associated personal property, 

including bank accounts, shall be excluded from the receivership estate of any SEC Action 

Receiver. 

3. The Intervenors do not object to the SEC Action Receiver’s intervention as a 

party in the Excluded Actions; provided, however, the Intervenors reserve any and all 

defenses, objections, cross-claims, and counterclaims with respect to the SEC Action 

Receiver other than as expressly set forth in Paragraph 6 below. 

4. Each Intervenor and the SEC Action Receiver shall cooperate in good faith to 

provide in a timely manner non-privileged information reasonably requested by the SEC 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 35 of 49
[PROPOSED] ORDER 3 CASE NO. CV-23-2470-PHX-DLR

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Action Receiver, or by the respective Intervenor, with respect to the applicable Excluded 

Action(s), Excluded Property(ies), or receivership related to such Intervenor; provided, 

however, that the SEC Action Receiver shall be subject to all of the same restrictions on its 

ability to receive, request, and disclose information that apply to the Excluded Entities under 

orders entered in the Excluded Actions or under law applicable in those jurisdictions.

5. Each Intervenor shall provide sufficient notice to the SEC Action Receiver 

before any sheriff’s sale, trustee’s sale, auction sale, or other disposition of any Excluded 

Property in which that Intervenor holds an interest. For the avoidance of doubt, 30 days’ 

advance notice of any disposition of Excluded Property shall be sufficient for purposes of 

this Paragraph 5. 

6. Intervenors specifically consent to the SEC Action Receiver’s intervention in 

the Excluded Actions for the limited purpose of asserting the right to receive any 

distributions to which the Excluded Entities would otherwise be entitled under applicable 

law, and to any request by the SEC Action Receiver to hold funds that would otherwise be 

distributed to the Excluded Entities with the clerk of the court, in escrow, or otherwise 

segregated pending further order of this Court. The rights of the SEC Action Receiver set 

forth in this Paragraph 6 are in addition to those rights of the SEC Action Receiver set forth 

in Paragraph 3 above. 

7. With respect to ATA Plaza OK, LLC (the “Tulsa Entity”), an Affiliate of the 

ArciTerra Defendants, and the real property that it owns, which has the municipal address of 

8156 S. Lewis Ave, Tulsa, Oklahoma 74137 (the “Tulsa Property”), the Stipulation Parties 

agree that: (a) secured lender and Intervenor U.S. Bank National Association, as Trustee for 

the Benefit of the Holders of the M360 2021-CRE3 Notes (“Tulsa Lender”), shall file a 

foreclosure and receivership proceeding against the Tulsa Entity and Tulsa Property on or 

before December 23, 2023; (b) the foreclosure and receivership pleadings shall reference this 

proceeding, and the proposed order seeking the appointment of a receiver shall expressly 

reference this proceeding and shall be subject to the rights and restrictions provided for and 

in favor of SEC and the SEC Action Receiver; (c) SEC and the SEC Action Receiver shall 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 36 of 49
[PROPOSED] ORDER 4 CASE NO. CV-23-2470-PHX-DLR

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not contest such proceeding, provided, that Tulsa Lender and any receiver appointed in such 

proceeding (“Tulsa Receiver”) shall abide by this Stipulation; and (d) to the extent a court 

enters an order appointing a receiver over the Tulsa Property and/or the Tulsa Borrower, the 

appointment of Tulsa Receiver shall be subject to the terms of this order. 

SO STIPULATED. 

Dated: December 20, 2023 /s/Neal Jacobson 

 Neal Jacobson 

Attorney for Plaintiff SECURITIES AND 

EXCHANGE COMMISSION 

/s/Seth Waxman 

Seth Waxman

Attorney for Defendants Jonathan Larmore; 

ArciTerra Companies, LLC; ArciTerra Note 

Advisors II, LLC; ArciTerra Note Advisors 

III, LLC; and ArciTerra Strategic Retail 

Advisors, LLC

/s/ Paul Mackowski 

Paul D. Mackowski 

Amundsen Davis, LLC 

201 North Illinois Street, 14th Floor 

Indianapolis, IN 46204 

Attorney for Receiver, Martha Lehman 

/s/ Julie Camden 

Julie A. Camden 

Camden & Meridew, P.C. 

10412 Allisonville Road, Suite 200 

Fishers, IN 46038 

Attorney for Circle City Outdoor Living 

LLC, Crew Enterprises LLC, Dream 

Construction LLC, Indy Asphalt Appeal 

LLC, and Styner LLC 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 37 of 49
[PROPOSED] ORDER 5 CASE NO. CV-23-2470-PHX-DLR

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/s/Robert Warzel 

Robert Mark Warzel 

Spencer Fane LLP 

2415 E Camelback Rd., Ste. 600 

Phoenix, AZ 85016-4251 

-andScott A. Wissel 

Lewis Rice LLC 

1010 Walnut, Suite 500 

Kansas City, MO 64106 

Attorneys for Alliant Credit Union 

/s/Bradley Drell 

Bradley L Drell 

Gold Weems Bruser Sues & Rundell APLC 

2001 MacArthur Dr. 

Alexandria, LA 71301 

Attorney for First Guaranty Bank 

/s/ Kyle Hirsch 

Kyle Sylvan Hirsch 

Bryan Cave Leighton Paisner LLP - 

Phoenix, AZ

2 N Central Ave., Ste. 2100 

Phoenix, AZ 85004-4406 

Attorney for M360 WH-2 FL Seller LLC and 

U.S. BANK NATIONAL ASSOCIATION, as 

Trustee for the benefit of the Holders of the 

M360 2021-CRE3 Notes

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 38 of 49
[PROPOSED] ORDER 6 CASE NO. CV-23-2470-PHX-DLR

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/s/ Jason DeJonker 

Jason J. DeJonker 

William Silas Hackney 

Bryan Cave Leighton Paisner LLP 

161 N. Clark St., Ste. 4300 

Chicago, IL 60601 

Attorneys for Midland Loan Services, a 

division of PNC Bank, N.A., as special 

servicer for U.S. BANK NATIONAL 

ASSOCIATION, as Trustee for the 

Benefit of the Holders of the M360 

2021-CRE3 Notes 

/s/David Audley 

David Audley 

Chapman & Cutler LLP - S Canal St. 

Chicago 

320 S Canal St., Ste. 2700 

Chicago, IL 60606 

Attorney for UMB Bank, N.A., as Trustee of 

the Forum (Louisville, KY) Ground Lease 

Backed Pass-Through Trust and as Trustee 

of the Mauna Lani (Kamuela, HI) Group 

Lease Backed Pass-Through Trust 

/s/ Jonathan Sundheimer 

Jonathan Sundheimer 

Barnes & Thornburg LLP 

11 S. Meridian St. 

Indianapolis, IN 46204 

Attorney for Wells Fargo Bank, National 

Association, as Trustee, for the Benefit of 

the Holders of Benchmark 2018-B7 

Mortgage Trust Commercial Mortgage 

Pass-Through Certificates, Series 2018-B7

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 39 of 49
[PROPOSED] ORDER 7 CASE NO. CV-23-2470-PHX-DLR

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/s/ Jean-Jacques Cabou 

Jean-Jacques Cabou 

Perkins Coie LLP 

2901 N Central Ave., Ste. 2000 

Phoenix, AZ 85012 

Attorney for Wilmington Trust, National 

Association, as Trustee for the Benefit of the 

Registered Holders of JPMBB Commercial 

Mortgage Securities Trust 2015-C33, 

Commercial Mortgage Pass-Through 

Certificates, Series 2015-C33 

SO ORDERED. 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 40 of 49
[PROPOSED] ORDER 8 CASE NO. CV-23-2470-PHX-DLR

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SCHEDULE TO STIPULATION

Excluded Action: Wilmington Trust v. AT Jefferson Center FW IN Owner, LLC, et al., 

pending in Allen County, Indiana, Superior Court as Case No. 02D03-

2307-MF-000225

Excluded Entities Excluded Properties

AT Jefferson Center FW IN Owner, LLC 6723 W. Jefferson Blvd., Fort Wayne, IN

AT Lima Plaza FW IN Owner, LLC 6417 Lima Road, Fort Wayne, IN

AT Max FW IN Owner, LLC 1415 W. Dupont Road, Fort Wayne, IN

AT Pine Valley FW IN Owner, LLC 1125 E. Dupont Road, Fort Wayne, IN

AT Portland Commons IN Owner, LLC 1013 W. Votaw Street, Portland, IN

Excluded Action: First Guaranty Bank v. Larmore, et al., pending in the United States 

District Court for the Western District of Louisiana as Case No. 5:23-

cv-00683 (W.D. La.)

Excluded Entities Excluded Properties

AT Wheatland Naperville IL, LLC 3124-3224 S Route 59 Naperville, IL

AT Briargate IL, LLC 454 & 456-464 Redington Dr, South Elgin, 

IL; and 465 Briargate Dr, South Elgin, IL

AT Belleville Crossing IL – Inline, LLC 5875-5701 Belleville Crossing Street, 

Belleville, IL and 5551-5531 Belleville 

Crossing Street, Belleville, IL

AT Forum Louisville KY II, LLC 3124-3224 S Route 59 Naperville, IL; 

Leasehold on 150-300 N Hurstbourne 

Parkway, Louisville, KY and on 0.806 +/-

acres out Parcel 150-300 N Hurstbourne 

Parkway, Louisville, KY

Arciterra USB Rochester MN, LLC 2665 Commerce Dr, NW Rochester, MN

AT Bloomington IL, LLC 2243 Westgate Dr, Bloomington, IL

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 41 of 49
[PROPOSED] ORDER 9 CASE NO. CV-23-2470-PHX-DLR

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Excluded Actions: Wells Fargo Bank, National Association, as Trustee, v. AT Castleton IN 

Owner II, LLC et al., pending in Marion County, Indiana, Superior 

Court as Cause No. 49D01-2312-MF-046494 (formerly 49D06-2312-

MF-046494)

Circle City Outdoors et al. v. Arciterra Companies, LLC et al., pending 

in Hamilton County, Indiana, Superior Court as Cause No. 29D02-

2305-PL-004542

Circle City Outdoors et al. v. Arciterra Companies, LLC et al., pending 

in Hamilton County, Indiana, Superior Court as Cause No.

29D07-2311-PL-10935 

In re AT Castleton IN Owner II, LLC, pending in the United States 

Bankruptcy Court for the Southern District of Indiana as Case No. 23-

05511-JJG-11

In re ArciTerra Vermont Indianapolis IN, LLC, pending in the United 

States Bankruptcy Court for the Southern District of Indiana as Case 

No. 23-05536 

In re Arciterra Westgate Indianapolis IN II, LLC, pending in the United 

States Bankruptcy Court for the Southern District of Indiana as Case 

No. 23-05522-JJG-11 

In re AT Plainfield Village IN II, LLC, pending in the United States 

Bankruptcy Court for the Southern District of Indiana as Case No. 23-

05519-JJG-11

In re ArciTerra Noble West Noblesville IN, LLC, pending in the United 

States Bankruptcy Court for the Southern District of Indiana as Case 

No. 23-05540- JJG-11

Excluded Entities Excluded Properties

AT Castleton IN Owner II, LLC 8310-8430 and 8440-8540 Castleton 

Corner Drive, Indianapolis, Indiana 46250

Castleton Corner Owners Association, Inc. [Non-ArciTerra entity being listed in an 

abundance of caution]

Assets owned by CCOA and held in 

conjunction the Castleton Corner Shopping 

Center as set forth in the Declaration of 

Development Standards, Covenants and 

Restrictions for Castleton Corner, as 

recorded with the Recorder of Marion 

County, Indiana on November 20, 1981 

AT Castleton IN Owner, LLC All assets

AT Altus Echelon IN, LLC 5252 East 82nd Street, Indianapolis, Indiana 

46250

ArciTerra Michigan Road Indianapolis IN, 

LLC

8320 - 8350 N. Michigan Road

Indianapolis, Indiana 46268

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 42 of 49
[PROPOSED] ORDER 10 CASE NO. CV-23-2470-PHX-DLR

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Excluded Entities Excluded Properties

ArciTerra Noble West Noblesville IN, LLC 14753 Hazel Dell Crossing, 14741 Hazel 

Dell Crossing, and 14765 Hazel Dell 

Crossing, Noblesville, Indiana 46062

AT Plainfield Village IN, LLC Commercial Vacant Land located adjacent 

to 160 Plainfield Village Drive, Plainfield, 

Indiana 46168

AT Plainfield Village IN II, LLC 160 Plainfield Village Drive, Plainfield, 

Indiana 46168

ArciTerra Vermont Indianapolis IN, LLC 120 East Vermont Street and 123 East 

Michigan Street, Indianapolis, Indiana 

46204

ArciTerra Westgate Indianapolis IN II, LLC 5103-5173 West Washington Street, 

Indianapolis, Indiana 46241

Excluded Actions: UMB Bank, N.A. v. JB Forum Land, LLC, et al., pending in the United 

States District Court for the Western District of Kentucky as Case No. 

23-CV-575

M360 v. AT ML Leasehold HI, LLC, et al., pending in the Circuit Court 

of the Third Circuit of the State of Hawaii in Civil No. 3 CCV-23-259

Excluded Entities Excluded Properties

JB Forum Land, LLC; AT Forum Louisville 

KY II, LLC

150-300 N Hurstbourne Parkway, 

Louisville, KY

JB ML Land HI, LLC; AT ML Leasehold 

HI, LLC

68-1330 Mauna Lani Drive, Kamuela, 

Hawai`i 96743

Excluded Action: TBD

Excluded Entities Excluded Properties

ATA Plaza OK, LLC 8156 S. Lewis Ave, Tulsa, OK 74137

Excluded Action: Alliant Credit Union v. Arciterra Olathe Pointe Olathe KS, LLC, 

pending in the District Court of Johnson County, Kansas, in Case No. 

23CV05137

Excluded Entities Excluded Properties

Arciterra Olathe Pointe Olathe KS, LLC Olathe Pointe Shopping Center, located 

generally at the southeast corner of the 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 43 of 49
[PROPOSED] ORDER 11 CASE NO. CV-23-2470-PHX-DLR

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Excluded Entities Excluded Properties

intersection of West 119th Street and South 

Black Bob Road, Olathe, Kansas 66062

Excluded Action: CommunityAmerica Credit Union v. JB Olathe Outlot 2, LLC, pending 

in the District Court of Johnson County, Kansas, in Case No. 

23CV03136

Excluded Entities Excluded Properties

JB Olathe Outlot 2, LLC 11911 S. South Black Bob Road, Olathe, 

Kansas 66062

Excluded Action: Alliant Credit Union v. Arciterra Noble West Noblesville IN, LLC, 

pending in Hamilton County, Indiana, Superior Court 2 in Case No. 

29D02-2308-MF-007315.

Excluded Entities Excluded Properties

Arciterra Noble West Noblesville IN, LLC 14753 Hazel Dell, Noblesville, Indiana 

46062

Excluded Actions: U.S. Bank National Association, as Trustee for the benefit of the Holders 

of the M360 2021-CRE3 Notes v. ATA Fishville FL, LLC, et al., pending 

in the 20th Judicial Circuit Court for Charlotte County, Florida, in Case 

No. 23-002446-CA 

 

Excluded Entities Excluded Properties

ATA Fishville FL, LLC; JB Fishville Harbor 

Land, LLC, and JB Fishville Retail Land, 

LLC (Florida Foreclosure Matter)

1200 W. Retta Esplanade, Punta Gorda, 

FL 33950

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 44 of 49
EXHIBIT D

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 45 of 49
EXHIBIT D 

Plaintiffs Named 

Defendant(s)1

Court Case No. 

Naida E. Arcenas Tommy E. 

Bolton 

Circuit Court of 

the 20th Judicial 

Circuit, Charlotte 

County, Florida

23-CA-612 

James F. Wilson Living 

Revocable Trust of James F. 

Wilson

M/Y BBella, 

Official Number 

1290829 

E.D. VA 23-00441 

Meadows Bank AT New West 

Clifton Co, LLC 

District Court of 

Mesa County, 

Colorado 

2023CV030280 

Community America Credit 

Union 

JB Olathe Outlot 

2 LLC 

District Court of 

Johnson County, 

Kansas 

23CV03136 

1000 West Marion LLC 1000 West 

Marion PG FL, 

LLC; and 

Jonathan M 

Larmore 

Circuit Court of 

the 20th Judicial 

Circuit, Charlotte 

County, Florida 

23001868CA 

TMI Trust Company ArcitTerra Note 

Fund II, LLC; 

ArciTerra Note 

Fund III, LLC; 

ArciTerra Reit 

Advisors, LLC; 

ArciTerra Note 

Advisors II, 

LLC; ArciTerra 

Whitefish 

Advisors, LLC; 

CSL 

Investments, 

LLC; ArciTerra 

Note Fund II, 

Investment 

Company LLC; 

and ArciTerra 

Note Funds III, 

Superior Court of 

Maricopa County, 

Arizona 

 CV2023-008887 

1

 The actions are stayed only against Receivership Entities and Receivership Assets. 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 46 of 49
Investment 

Company, LLC 

Conroad Associates, L.P. Castleton Corner 

Owners 

Association, 

Inc.; AT 

Castleton In 

Owner, LLC; 

AT Castleton In 

Association 

Manager, LLC; 

ArciTerra 

Companies, 

LLC; Jonathan 

M Larmore; 

Crystal Scudder; 

and James C. 

Shook, Jr. 

Indiana Southern 

District Court 

1:22-cv-00750 

UMB Bank, N.A. JML BC G400, 

LLC; Larmore 

IRR Life 

Insurance Trust; 

and Jonathan M. 

Larmore 

District Court of 

Dallas County, 

Texas 

DC-23-07370 

8350 Michigan Rd ArciTerra 

Michigan Road 

Indianapolis IN, 

LLC 

Marion County 

Public Health 

Department 

HSG23-01952 

B. Brad and Monica Mason TIC; 

Diana K. Hamilton; and John F. 

Cardarelli 

Jonathan M. 

Larmore; 

Michelle A. 

Larmore; 

Marsha M. 

Larmore; Blaine 

D. Rice; Andrea 

Thompson; 

Kevin L. 

Gulbranson; 

Robert F. Crook; 

Arciterra 

Strategic Income 

Corporation - 

Belleville 

Crossing, IL; 

and ArciTerra 

Companies, LLC 

Illinois Southern 

District 

3:23cv01785 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 47 of 49
Conroad Associates, L.P. Castleton Corner 

Owners 

Association, Inc. 

and McKinley, 

Inc. 

Superior Court of 

Marion County, 

Indiana 

49D01-1612-PL044978 

Diversified Investment Managed 

Capital Group, L.P. 

Wheatland 

Marketplace Lot 

7 Co. 

Circuit Court of 

the 12th Judicial 

Circuit, Will 

County, Illinois 

22CH000043 

Echo Properties ATA Plaza OK 

LLC 

District Court of 

Tulsa County, 

Oklahoma

CJ-2023-262 

Overturf Law F/K/A Overturf 

Fowler LLP 

AT Altus 

Echelon IN, 

LLC 

Superior Court of 

Hamilton County, 

Indiana

 29D02-2307-

CC-006552 

AT Castleton IN Owner, LLC; 

AT Castleton IN Owner II, LLC 

Castleton 

Shopping 

Center, LLC 

Indiana 

Commercial Court 

49D01-2107-PL024537 

Price Edwards & Company, LLC ATA Plaza OK 

LLC 

District Court of 

Tulsa County, 

Oklahoma

CJ-2023-1765 

Regal Restoration LLC Araphoe County 

Public Trustee; 

AT Seven Hills 

Aurora Co II , 

LLC; City of 

Aurora; Grass 

River Real 

Estate Credit 

Partners; M360 

2019 Cre2 Ltd; 

Mcreif Subreit 

LLC; Wells 

Fargo Bank NA; 

and Yam Capital 

III, LLC 

District Court of 

Araphoe County, 

Colorado 

2023CV30603 

N/A ArciTerra BP 

Olathe KS LLC 

Board of Tax 

Appeals of the 

State of Kansas 

2018-3350-EQ to 

2018-3352-EQ; 

2019-3796-EQ to 

2019-3798-EQ; 

2020-4077-EQ to 

2020-4079-EQ; 

and 2021-3856-

EQ to 2021-

3858-EQ 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 48 of 49
U.S. Bank National Association, 

as the trustee for the benefit of the 

Holders of the M360 2021-CRE3 

Notes 

ATA Fishville 

FL, LLC; JB 

Fishville Harbor 

Land, LLC; JB 

Fishville Retail 

Land, LLC; 

Yam Capital 

LLC; ATFL 

Construction 

LLC; BOP 

Fishermen's 

Village, LLC 

Circuit Court of 

the 20th Judicial 

Circuit, Charlotte 

County, Florida 

23-002446-CA 

Michelle Larmore Jonathan 

Larmore and all 

ArciTerra 

entities 

Maricopa Superior 

Court, Arizona 

CV2023-6422 

Front Range Patrol At Seven Hills 

Aurora Co. II, 

LLC 

Arapahoe County 

Court, Colorado 

23C038802 

City of Danville A.T.P.T. 

Danville IL II., 

LLC 

Danville 

Administrative 

Court, Illinois 

230000304 

Providence Bank and Trust Belleville IL 

Outlot 6, LLC 

Circuit Court of 

St. Clair County, 

Illinois, 12th 

District 

23FC0230 

Gladiator Roofing & Restoration 

LLC 

Arciterra Group, 

LLC 

Marion County 

Superior Court, 

Indiana

49D06-2306-PL023191 

The Cleaning Source, LLC ArciTerra Noble 

West 

Noblesville IN 

and Alliant 

Credit Union 

Superior Court of 

Hamilton County, 

Indiana 

29D03-2304-

CC-003922 

Case 2:23-cv-02470-DLR Document 77 Filed 12/21/23 Page 49 of 49