Case:12-24882-ABC Doc#:384 Filed:08/23/12

Entered:08/23/12 13:11:01 Page1 of 2

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

Case No. 12-24882 ABC Chapter 11

NOTICE PURSUANT TO LOCAL RULE 9013-1.1 OF APPLICATION TO EMPLOY HARVEY W. CURTIS & ASSOCIATES AS SPECIAL COUNSEL FOR THE DEBTOR OBJECTION DEADLINE: SEPTEMBER 6, 2012. YOU ARE HEREBY NOTIFIED THAT Cordillera Golf Club dba The Club at Cordillera (the "Debtor"), by and through its counsel, has filed an Application to Employ Harvey W. Curtis & Associates as Special Counsel for the Debtor (the "Application") with the bankruptcy court and request the following relief: to continue to provide necessary legal representation and services to the Debtor in various legal matters concerning water rights owned by Debtor, including but not limited to filing and prosecuting applications in the Colorado State Water Court (the "Water Court") for findings of diligence on Debtor's conditional water rights (collectively, the "Water Court Matters"). HWC and the employees, owners, and associates of HWC do not hold or represent any interest adverse to the Debtor or the estate on the matters for which it is to be employed. Out of the amount required to be funded from the Interim DIP Loan (defined in the Application) and advanced to the Debtor, and consistent with the order at Docket Entry No. 270 (the "DIP Order"), entered on Debtor's non-contested Emergency Motion for Post-Petition Financing and related items set forth therein, the Debtor has transferred $5,000 as a retainer to HWC (the "Retainer") subject to the Court's approval of the Application. Pursuant to the DIP Order, HWC will hold the Retainer in HWC's COLTAF Trust Account at Guaranty Bank and Trust Company. The Retainer shall only be applied to the fees and expenses of HWC pursuant to the procedures set forth in the Order Permitting Periodic Fee Applications and Prescribing Procedures [Docket Entry No. 231]. Therefore, HWC will not draw-down on the Retainer without further order from this Court. Any sums remaining at the close of the representation will be refunded to Debtor. If the Application is approved, HWC will bill Debtor for its services on an hourly basis. The hourly rates for services provided by HWC ranges from $230.00 to $255.00. Copies of all pleadings filed in the Debtor's case are available at the following website: www.omnimgt.com/cordilleragolfclub. Additional copies will be provided upon request. If you oppose the Application or object to the requested relief your objection and request for hearing must be filed on or before the objection deadline stated above, served on the movant at the address indicated below, and must state clearly all objections and any legal basis for the objections. The court will not consider general objections. In the absence of a timely, substantiated objection and request for hearing by an interested party, the court may approve or grant the requested relief without any further notice to creditors or other interested parties.
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Case:12-24882-ABC Doc#:384 Filed:08/23/12

Entered:08/23/12 13:11:01 Page2 of 2

Dated: August 22, 2012 Respectfully submitted, SENDER & WASSERMAN, P.C. /s/ Harvey Sender Harvey Sender, #7546 David V. Wadsworth, #32066 1660 Lincoln Street, Suite 2200 Denver, CO 80264 Telephone: 303-296-1999 Facsimile: 303-296-7600 Email: sender@sendwass.com Counsel for Debtor and Debtor in Possession -andChristopher Celentino (CA No. 131688) Mikel Bistrow (CA No. 102978) Dawn A. Messick (CA No. 236941) Admitted Pro Hac Vice 402 West Broadway, Suite 2100 San Diego, California 92101 Telephone: 619-234-6655 Facsimile: 619-234-3510 Email: ccelentino@foley.com Email: mbistrow@foley.com Email: dmessick@foley.com Counsel for Debtor and Debtor in Possession

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