PREJUDGMENT ORDER FOR POSSESSION AFTER HEARING

CHRISTINE M. ARGUELLO, District Judge.

TO THE U.S. MARSHAL AND SHERIFF OF MESA COUNTY, COLORADO:

The above-entitled case was commenced in the U.S. District Court for the District of Colorado by the above-named Plaintiff to recover from Defendant the personal property, as listed in the attached Exhibit A (the "Property").

A hearing was held on November 20, 2015, pursuant to the Court's Order to Show Cause and Preserve Property issued on November 12, 2015. Plaintiff GE Commercial Distribution Finance LLC (hereinafter "CDF") appeared through counsel Jonathan M. Allen. Defendant Duffy's Outdoor Power Equipment ("Dealer") did not appear but, the day before, had executed a voluntary surrender form.

Upon consideration of the arguments of CDF's counsel, the Complaint, Affidavit of Amanda Jost and all exhibits attached thereto, the voluntary surrender, and upon the entire record herein, this Court has determined with reasonable probability that Plaintiff is entitled to possession of the Property pending final adjudication herein of the claims of the parties.

There is reasonable and probable cause to believe that the property is located at Defendant's principal place of business found at 2482 Patterson Road, Grand Junction, Colorado 81505.

IT IS ORDERED that you take from Defendant or its agents all of the Property and release custody of same to Plaintiff or its agents.

IT IS FURTHER ORDERED that Plaintiff's bond in the amount of $397,651.00, which has been filed herein, is approved subject to Defendant's right to object to the sureties identified and/or the amount of the bond.

IT IS FURTHER ORDERED that a certified copy of this Order shall constitute authority to the Sheriff or Marshal to proceed as directed herein.

IT IS FURTHER ORDERED that if the Property or any part thereof is in a building or enclosure, the Sheriff or Marshal shall demand its delivery, announcing his identity, purpose, and the authority under which he acts. If it is not voluntarily delivered, he shall cause the building or enclosure to be broken open in such manner as he reasonably believes will cause the least damage to the building or enclosure, and take the property into his possession. He may call upon the power of the county to aid and protect him, but if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, he shall refrain from seizing the property, and shall forthwith make a return before the court from which the order issued, setting forth the reasons for his belief that such risk exists.

THE DEFENDANT IS NOTIFIED THAT IT HAS THE RIGHT TO OBJECT TO PLAINTIFF'S WRITTEN UNDERTAKING AS TO THE SUFFICIENCY OF THE SURETIES OR TO THE AMOUNT OF THE BOND WITHIN 2 BUSINESS DAYS AFTER SERVICE OF THE UNDERTAKING UPON DEFENDANT. DEFENDANT MAY FILE ITS OWN WRITTEN UNDERTAKING FOR THE REDELIVERY OF SUCH PROPERTY AS PROVIDED IN COLRADO RULE OF CIVIL PROCEDURE 104(j) AND (k) OR COLORADO RULE OF COUNTY COURT CIVIL PROCEDURE RULE 404(j) AND (k), AS APPLICABLE UNDER FEDERAL RULE OF CIVIL PROCEDURE 64.

EXHIBIT A