Upon the Verified Complaint for Appointment of a Receiver and for Other Relief filed by 

Plaintiff Bank of Choice, and upon good grounds appearing therefor, the Court finds and orders, as 

follows: 

1. Plaintiff Bank of Choice is a Colorado corporation with its principal place of business 

located at 3780 West 10th Street, Greeley, Colorado 80634. 

2. Defendant Crossroads Commercial Center, LTD., L.L.L.P. (“Crossroads”) is a Colorado 

limited liability limited partnership with its principal place of business located at 1722 

Montane Drive E, Golden, Colorado 80401. 

3. Defendant Randolph Currier (“Currier”) is an individual with a last known residential 

address of 1722 Montane Drive E, Golden, Colorado 80401. 

4. Venue is proper in this court pursuant to Rule 98(a), C.R.C.P., as this action affects real 

property situated in Jefferson County, Colorado. Venue is also proper in this court pursuant 

to Rule 98(c)(1), C.R.C.P., as the Defendants reside in Jefferson County, Colorado. 

Jurisdiction is proper in this Court pursuant to § 13-1-124(1)(a), C.R.S. 

5. On or about August 15, 2008, Crossroads executed and delivered to Plaintiff a promissory 

note for Loan No. 813870-10 (the “Note”) in the principal amount of $3,145,000.00. The 

Note is in default. 

6. The Note is secured by a Real Estate Deed of Trust executed by Crossroads on or about 

August 15, 2008 and recorded in the real property records of the Jefferson County Clerk and 

Recorder’s office on August 20, 2008 at Reception No. 2008079565 (the “DOT”). The 

DOT grants Plaintiff a first priority lien on the following described property: 

LOT 1, VAN BIBBER BUSINESS PARK, 

COUNTY OF JEFFERSON, STATE OF COLORADO, 

District Court, County of Jefferson, State of Colorado 

Court Address: 100 Jefferson County Parkway, Golden, CO 80401 

Court Telephone: 303-271-6145 

Plaintiff: BANK OF CHOICE, a Colorado corporation, 

v. 

Defendants: CROSSROADS COMMERCIAL CENTER, LTD., 

L.L.L.P., a Colorado limited liability limited partnership; and 

RANDOLPH CURRIER, an individual. 

 

Case No: 10 CV _____ 

Division: ___ 

ORDER FOR APPOINTMENT OF A RECEIVER 

▲COURT USE ONLY▲

GRANTED The moving party is hereby ORDERED 

to provide a copy of this Order to any pro 

se parties who have entered an 

appearance in this action within 10 days 

from the date of this order. 

___________________________ 

Jane Tidball 

Jefferson District Court Judge 

EFILED Document DATE OF ORDER INDICATED ON ATTACHMENT

CO Jefferson County District Court 1st JD 

Filing Date: Dec 8 2010 11:50AM MST 

Filing ID: 34744838 

Review Clerk: Luz Ruiz

Case 1:11-cv-02286-REB-CBS Document 19 Filed 08/31/11 USDC Colorado Page 1 of 7
Bank of Choice, Plaintiff, 

v. 

Crossroads Commercial Center, LTD., L.L.L.P., et al., Defendants. 

Case No. 10 CV ___ 

Division ___

Order for Appointment of a Receiver 

Page 2 of 6 

also known as 12500 West 58th Avenue, Arvada, Colorado, together with all rights, 

easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all 

diversion payments or third party payments made to crop producers, all water and riparian 

rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, 

structures, fixtures, and replacements that may now, or at any time in the future, be part of 

the real estate described above, (the “Property”). 

7. The DOT is in default because, among other reasons, Crossroads has failed to repay Plaintiff 

for all of its indebtedness under the Note and Crossroads has caused Plaintiff to believe that 

its interest in the Property is insecure. 

8. Plaintiff has commenced or will be forthwith commencing a Jefferson County Public 

Trustee foreclosure as to the Property. 

9. The DOT grants Plaintiff a lien on the Property’s rents, issues and profits. 

10. The Property, which constitutes security for the Note, is clearly inadequate into satisfy the 

indebtedness existing under the Note. 

11. Section 38-38-601(1), C.R.S., provides, in pertinent part, that “[w]hen an action ... has been 

commenced to foreclose a ... trust deed ..., a receiver of the property affected shall be 

appointed upon application at any time prior to the sale, if it appears that the security is 

clearly inadequate or that the premises are in danger of being materially injured or reduced in 

value as security by removal, destruction, deterioration, accumulation of prior liens, or 

otherwise so as to render the security inadequate.” 

12. After the Jefferson County Public Trustee foreclosure sale of the Property, and during the 

ensuing redemption period, Plaintiff will have a statutory right to the appointment of a 

receiver pursuant to C.R.S. § 38-38-602. 

13. Rule 66(a), C.R.C.P., provides, in pertinent part, that “[a] receiver may be appointed by the 

court ... before judgment, provisionally, upon application of either party, when he 

establishes a prima facie ... interest [in the property], which is the subject of the action and is 

in possession of an adverse party and such property, or its rents, issues and profits are in 

danger of being lost ... or materially injured or impaired; ... or in other cases where proper 

and in accordance with principals of equity. 

14. Pursuant to §§ 38-39-601 and 602, C.R.S., and Rule 66(a), C.R.C.P., Plaintiff is entitled to the 

appointment of a receiver for the Property and Rents, Issues and Profits by virtue of the 

DOT, which grants Plaintiff a prima facie right to possess the Property and the Rents, Issues 

and Profits, all of which are in danger of deterioration, loss and spoilage, and because the 

appointment of a receiver is in accordance with the established principles of equity. 

Case 1:11-cv-02286-REB-CBS Document 19 Filed 08/31/11 USDC Colorado Page 2 of 7
Bank of Choice, Plaintiff, 

v. 

Crossroads Commercial Center, LTD., L.L.L.P., et al., Defendants. 

Case No. 10 CV ___ 

Division ___

Order for Appointment of a Receiver 

Page 3 of 6 

15. By virtue of Plaintiff’s seeking the appointment of a receiver for the Property and by virtue 

of this Order, it is evident that the thrust of the relief sought under Plaintiff’s Complaint for 

Appointment of Receiver and for Other Relief is equitable in nature. 

16. Ms. Tammy Lindsay, whose résumé is attached to the Plaintiff’s Verified Complaint for 

Appointment of Receiver and for Other Relief, is qualified to be appointed as receiver for 

the Property. A receiver’s bond is not necessary. 

Upon such findings, this Court enters the following Orders: 

IT IS ORDERED, that Ms. Tammy Lindsay (the “Receiver”) is appointed to serve as 

Receiver for all of the Property and is charged with the following duties: to protect and preserve, 

the Property, any fixtures situated thereon, and any and all personal property used or associated 

therewith, regardless of where such property is located including, but not limited to rental payments, 

lease payments, bank accounts, checks, drafts, notes, security deposits, records, contracts, claims, 

leases, files, furniture, certificates and licenses, fixtures and equipment (all collectively with the 

Property hereinafter referred to as the "Receivership Property”); to collect all keys which affect or 

concern the Receivership Property; to change all locks concerning the Receivership Property; to pay 

all bills and costs necessary to preserve and insure the Receivership Property arising after the date of 

her appointment, except that in the case a bill or cost shall be greater than $1,000.00, the Receiver 

shall first obtain prior approval from Plaintiff Bank of Choice; to enter into such further contracts 

and arrangements as are reasonably necessary to maximize the proceeds and products of the 

Receivership Property; to exclude Crossroads and/or Currier and their employees and agents from 

the Receivership Property; to have the sole and exclusive authority to deal with tenants, employees, 

management companies, vendors, buyers, the City of Arvada, Jefferson County, the State of 

Colorado and all other persons, entities, governmental bodies and quasi-governmental bodies 

involved with the Receivership Property; with prior approval of Plaintiff Bank of Choice to 

terminate, ratify or renegotiate all leases and contracts, and to collect receivables and other accounts 

due on account of the Receivership Property, and such payments shall be made directly to Plaintiff 

Bank of Choice for application towards the unpaid balance of the Note; to deal with all utility 

service providers for the Receivership Property; with prior approval of Plaintiff Bank of Choice to 

amend, modify or terminate existing leases, contracts, and to enter into new or amended leases and 

contracts for the Receivership Property on such terms as the Receiver deems fair; to pay all taxes 

due on account of the Receivership Property; to maintain insurance on the Receivership Property in 

an amount reasonably necessary and appropriate; with prior approval of Plaintiff Bank of Choice to 

borrow money and to offer the Receivership Property as security therefor as the Receiver deems 

appropriate; to take possession of Crossroads’ and/or Currier’s books and records concerning the 

Receivership Property; with prior approval of Plaintiff Bank of Choice to exercise, modify, or extend 

all Declarant Rights and Special Declarant Rights (if any) concerning the Property; with prior 

approval of Plaintiff Bank of Choice to hire employees, independent contractors, and management 

companies to deal with the Receivership Property; to execute such documents and agreements as the 

City of Arvada, Jefferson County, the State of Colorado and all other persons, entities, governmental 

bodies and quasi-governmental bodies may require with respect to the Receivership Property; with 

prior approval of Plaintiff Bank of Choice to sell or liquidate Receivership Property as appropriate 

and to pay the proceeds therefrom directly to Plaintiff Bank of Choice for the application towards 

Case 1:11-cv-02286-REB-CBS Document 19 Filed 08/31/11 USDC Colorado Page 3 of 7
Bank of Choice, Plaintiff, 

v. 

Crossroads Commercial Center, LTD., L.L.L.P., et al., Defendants. 

Case No. 10 CV ___ 

Division ___

Order for Appointment of a Receiver 

Page 4 of 6 

the unpaid balance of the Note and, in particular, to exercise all of Crossroads’ and/or Currier’s 

right, title and interest in and to receive all Crossroads’ and/or Currier’s benefits under the 

Receivership Property described above, and to assign to their persons and successor owners of the 

Receivership Property all of Crossroads’ and/or Currier’s right, title and interest in and to all of the 

Receivership Property described above as such property rights currently exist or may exist after 

modification, amendment, or extension by the Receiver; to hire counsel, accountants and 

consultants; to establish bank accounts and to pay the Receiver’s bills which she incurs (but not 

Crossroads’ and/or Currier’s bills); and to have all the authority usually held by receivers (except 

where expanded by this Order) and reasonably necessary to accomplish the purposes stated herein; 

and 

IT IS FURTHER ORDERED, that with prior approval of Plaintiff Bank of Choice the 

Receiver may abandon any property she deems to be of inconsequential value without further order 

of the Court; and 

IT IS FURTHER ORDERED, that the giving of the Receiver authority to act or make 

payment hereunder shall not be deemed to be an instruction to act or make payment hereunder 

unless the Receiver deems it is in the best interest of this special Receivership to do such act or to 

make such payment; and 

IT IS FURTHER ORDERED, that this is a special receivership with the Receiver’s duties as 

stated above. This is not a general receivership. The Receiver is not responsible for managing 

Crossroads’ and/or Currier’s business affairs, investigating or prosecuting potential claims against 

Crossroads’ and/or Currier’s; evaluating whether or not Crossroads’ and/or Currier’s should file or 

continue in bankruptcy, filing any tax returns or reports, including any federal, state or local tax 

returns, sales or use tax returns, or workman’s compensation reports or for paying, processing, 

investigating, or defending against any unsecured claims occurring or incurred prior to her 

appointment or claims or bills incurred by Crossroads’ and/or Currier’s; and 

IT IS FURTHER ORDERED, that the rents, issue, profits, and proceeds of the Property 

shall be paid directly and solely to Plaintiff Bank of Choice for application towards to the unpaid 

balance of the Note; and 

IT IS FURTHER ORDERED, that the Receiver shall not be obligated to pay any preReceivership expenses, contracts, or leases; and 

IT IS FURTHER ORDERED, that the Receiver may obtain funds for the purpose of 

preserving, protecting, and liquidating collateral and the Property by requesting and receiving 

advances directly from Plaintiff Bank of Choice on account of the Note, and such advances shall be 

deemed to be an additional indebtedness of Crossroads on account of the Note (and Currier on 

account of his guaranty of the Note); and 

IT IS FURTHER ORDERED, that the Receiver may issue Receiver's Certificates, in the 

aggregate not to exceed $5,000 without further approval of Plaintiff Bank of Choice and the Court, 

in exchange for funds advanced by third parties or Plaintiff during the term of receivership, which 

Case 1:11-cv-02286-REB-CBS Document 19 Filed 08/31/11 USDC Colorado Page 4 of 7
Bank of Choice, Plaintiff, 

v. 

Crossroads Commercial Center, LTD., L.L.L.P., et al., Defendants. 

Case No. 10 CV ___ 

Division ___

Order for Appointment of a Receiver 

Page 5 of 6 

Receiver's Certificates shall bear interest at the rate of 15% per annum, which Receiver's Certificates 

shall be a lien upon the Property junior to that of Plaintiff Bank of Choice; and 

IT IS FURTHER ORDERED, that the Receiver shall not be bound by, or obligated under 

any pre-Receivership leases or contracts of Crossroads and/or Currier; and 

IT IS FURTHER ORDERED, that Crossroads and/or Currier, and all persons in active 

participation with said defendants, including, but not limited to, banks, accountants, employees and 

other agents, are ordered to deliver immediately over to the Receiver all of the Receivership 

Property now in their possession; all of the Receivership Property received after the date of this 

Order, endorsed to the Receiver when necessary; and all books, records, contracts, leases, bank 

records, and the like relating to the Receivership Property. Crossroads and/or Currier shall continue 

to deliver immediately to the Receiver any such property received at any time in the future and to 

permit the Receiver to carry out her duties hereunder without interference. Crossroads and/or 

Currier shall, when necessary, explain the operation, maintenance and management of the 

Receivership Property to the Receiver; and 

IT IS FURTHER ORDERED, that except as may be expressly authorized by this Court 

after notice and hearing, Crossroads and/or Currier and their agents, employees and contractors are 

enjoined from collecting any revenues from the Receivership Property, or withdrawing funds from 

any bank or other depository account relating to or containing Receivership Property; terminating, 

or causing to be terminated, any license, permit, lease, contract or agreement relating to the 

Receivership Property or the operation of any of the businesses on the Property; or otherwise 

involving themselves in the possession, operation or management of the Receivership Property or 

otherwise interfering with Receiver's discharge of her duties hereunder; and 

IT IS FURTHER ORDERED, that any debts or liabilities incurred by the Receiver in the 

course of her operation and management of the Receivership Property, whether in the Receiver's 

name or in the name of the Receivership Property, shall be the debts and obligations of the 

receivership estate only, and not of Ms. Tammy Lindsay in her personal capacity; and 

IT IS FURTHER ORDERED, that nothing herein contained shall be construed as 

interfering with or invalidating any lawful lien or claim by any person; and 

IT IS FURTHER ORDERED, that the costs of this Receivership in excess of the income 

from the Receivership Property received by the Receiver shall be taxed as additional costs by the 

Public Trustee or the District Court of Jefferson County in the event the foreclosure sale is 

subsequently redeemed as provided by law; 

IT IS FURTHER ORDERED, that any further notice required to be given hereunder shall 

be deemed served on the date it is deposited in the United States Mail, first class postage prepaid, to 

an attorney of record for any party, or directly to any party not represented by an attorney, and any 

computation of time for purposes of this Order, unless otherwise specified herein, governed by Rule 

6, C.R.C.P.; and 

Case 1:11-cv-02286-REB-CBS Document 19 Filed 08/31/11 USDC Colorado Page 5 of 7
Bank of Choice, Plaintiff, 

v. 

Crossroads Commercial Center, LTD., L.L.L.P., et al., Defendants. 

Case No. 10 CV ___ 

Division ___

Order for Appointment of a Receiver 

Page 6 of 6 

IT IS FURTHER ORDERED, that the Receiver shall continue in possession of the 

Receivership Property during all periods of redemption and during such further period as the Court 

may order; and 

IT IS FURTHER ORDERED, that the Receiver shall file her Oath with this Court, shall file 

quarterly reports with this Court and shall file a final report with this Court when she has discharged 

all of her obligations as the Receiver; and 

IT IS FURTHER ORDERED, that a Receiver’s Bond is not required; and 

IT IS FURTHER ORDERED, that the Receiver shall be compensated at the rate of $125.00 

per hour ($62.50 per hour for travel time) plus reimbursement for the Receiver’s out of pocket 

expenses and for mileage at the rate of $0.50 per mile. 

IT IS FURTHER ORDERED, that this Order shall be effective immediately upon entry of 

same; and 

IT IS FURTHER ORDERED, that Plaintiff Bank of Choice shall serve a copy of this Order 

upon Crossroads and Currier as soon as practicable; and 

IT IS FURTHER ORDERED, that the Receiver is hereby directed to provide written notice 

of this Receivership to persons in possession of the Property and that posting of this Order in a 

conspicuous location on the Property shall be sufficient notice; and 

IT IS FURTHER ORDERED, that within fifteen calendar days from service of this Order 

upon them, Crossroads and/or Currier shall contact the Court and Plaintiff Bank of Choice’s 

counsel if they have any objections to this Order for the purpose of setting a hearing on this Order, 

which hearing may be granted upon a showing of good cause. 

Dated:_____________________ 

 

 ____________________________________ 

 District Court Judge 

Case 1:11-cv-02286-REB-CBS Document 19 Filed 08/31/11 USDC Colorado Page 6 of 7
/s/ Judge Jane A Tidball 

Court: CO Jefferson County District Court 1st JD 

Judge: Jane A Tidball 

Alternate Judge: Unassigned 

File & Serve 

Transaction ID: 34697957 

Current Date: Dec 08, 2010 

Case Number: 2010CV5138 

Case Name: BANK OF CHOICE vs. CROSSROADS COMMERCIAL CENTER LTD LLLP et al 

Court Authorizer: Jane A Tidball 

Case 1:11-cv-02286-REB-CBS Document 19 Filed 08/31/11 USDC Colorado Page 7 of 7