IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
| In the Matter of Possession | ) | |
| and Control of the Commissioner of Banks | ) | No. 00 CH 5905 |
| and Real Estate of Independent Trust Corp. | ) | |
| a/k/a/ Intrust. | ) | |
| ) |
ORDER
This matter coming before the Court on the Motion of Joseph Umbach, due notice having been given, the court being advised of the premises:
IT IS HEREBY ORDERED that the motion is granted in part and denied in part:
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All post-April 23, 1999 deposits plus appreciation thereon into Mr. Umbach's account are excluded from the Shortfall Allocation;
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Umbach's pre-April 23, 1999 deposit of $500,000.00 plus appreciation thereon was deposited into a commingled account and, therefore, was at risk. The Shortfall Allocation shall only be applied to such $500,000.00 only;
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The motion to compel discovery is denied as being moot;
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The parties shall agree upon the rule of appreciation for pre and post April 23, 1999 deposits.
| Atty. No. 90443 | |
| Name: Amy C. Andrews (Kirkland & Ellis) | Date: September 25, 2000 |
| Attorney for: Receiver | |
| Address: 200 E. Randolph | ENTER: /s/ Judge Sidney A. Jones III |
| City/Zip: Chicago, IL 60601 | |
| Telephone: (312) 861-2000 |
