DKT 393 LENDER’S VERIFIED RESPONSE IN OPPOSITION TO THE RECEIVER’S VERIFIED AND EXPEDITED MOTION TO (I) RATIFY ORDERS APPOINTING APPRAISERS, APPROVING APPRAISALS AND APPROVING SALE OF REAL ESTATE AS REQUIRED BY 28 U.S.C. § 2001 WITH RESPECT TO THE FRISCO GATE PROPERTY, (II) AUTHORIZE THE SALE FREE AND CLEAR OF ALL LIENS AND (III) STAY ACCRUAL OF POST RECEIVERSHIP DEFAULT RATE INTEREST

On 11/10/23, Lender TEXAS REPUBLIC BANK respectfully requests that the Court approve the sale of the Frisco Gate Property Free and Clear of All Liens, allow Lender’s interest to accrue at the Maximum Rate as allowed under the Note until closing, deny payment of any junior or unsecured claims at closing prior to Lender being paid in full, and to the extent the Court seeks to bifurcate the claim of Lender, the lien of Lender be transferred to the proceeds from the sale of the Frisco Gate Property until such time as said claims are allowed and for such other relief as is just and proper.