Exhibit D, Identity of the Wind Down Officer — KServicing Third Plan Supplement, Doc 630-3

Summary

Exhibit D, Identity of the Wind Down Officer, Doc 630-3 in Case 22-10951-CTG, filed March 9, 2023. The exhibit states that the Wind Down Officer is selected by the Debtors, subject to the consent of the Reserve Bank and in consultation with the United States Department of Justice, the Small Business Administration, and Cross River Bank, and names Jeremiah Foster, President and Founder of Resolute. The notice states a monthly fee of $30,000/month and, if Resolute is hired as financial advisors, rates of $375 - $575 per hour plus an administrative fee of 3% of total hourly billings per period. Exhibit D-1, a Wind Down Officer curriculum vitae, lists court appointments, awards and community involvement.

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Date: 2023-03-09

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“Exhibit D, Identity of the Wind Down Officer — KServicing Third Plan Supplement, Doc 630-3.” Original at archive.org, dated 2023-03-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-09-chapter-11-trustee-u-s-bankruptcy-court-v-los-dos-molinos/, SHA-256 2a3b250edafa9b592a67d637fd3c63937774508b93360e1237a3a1d73e9c8612.

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Case 22-10951-CTG Doc 630-3 Filed 03/09/23 Page 1 of 7

EXHIBIT D

Identity of the Wind Down Officer
Case 22-10951-CTG Doc 630-3 Filed 03/09/23 Page 2 of 7

Identity of the Wind Down Officer

In accordance with the terms of the Plan, the Wind Down Officer is selected by the Debtors,
subject to the consent of the Reserve Bank, and in consultation with the United States Department
of Justice, the Small Business Administration, and Cross River Bank.

NOTICE IS HEREBY GIVEN that, in accordance with the foregoing, the identity and
affiliations of, and relevant disclosures with respect to the Wind Down Officer are as follows:

Name and Contact Information:

Jeremiah Foster
6750 E Camelback Road, Suite 103
Scottsdale, AZ 85251
(602) 315-7104
jfoster@resolutecommercial.com

Compensation: The Wind Down Officer shall receive a monthly fee of $30,000/month for the
duration of his service as the Wind Down Officer. To the extent Resolute is hired as the Wind
Down Officer’s financial advisors, rates range from $375 - $575 per hour plus an administrative
fee of 3% of total hourly billings per period.

Relevant Experience, Disclosures, and Affiliations:

Mr. Foster will serve as the Wind Down Officer pursuant to the Plan.

As President and Founder of Resolute, on a day-to-day basis Mr. Foster advises creditors, equity
holders, and enterprises in their navigation of the many phases of a turnaround, restructure, or
crisis management plan. Mr. Foster has been appointed as a chief restructuring officer, interim
chief executive officer, trustee, receiver, special master, and liquidating trustee in over 100 matters,
and has personally been involved in the sale of more than $1 billion of going concern and real
estate transactions. A copy of Mr. Foster’s curriculum vitae is attached here as Exhibit D-1.

Mr. Foster is independent and “disinterested” as that term is defined in section 101(14) of the
Bankruptcy Code, and holds no connections to or adverse interests in the Debtors or any other
party in interest that would prejudice his ability to exercise his fiduciary and operational duties as
the Debtors’ Wind Down Officer.
Case 22-10951-CTG Doc 630-3 Filed 03/09/23 Page 3 of 7

Exhibit D-1

Wind Down Officer Curriculum Vitae
Case 22-10951-CTG Doc 630-3 Filed 03/09/23 Page 4 of 7

SUMMARY
Since founding Resolute in 2008, Jeremiah Foster has
taken the lead regarding business development and
JEREMIAH FOSTER
corporate strategy for the firm. His day to day functions President & Founder
include overseeing various aspects of the business,
leading the firms’ team of industry experts, and advising EDUCATION
creditors, equity holders and enterprises in their navigation Bachelors of Science,
of many phases of a turnaround, restructure or crisis Engineering
management plan. To date, Mr. Foster has been appointed University of Arizona
as CRO, Interim CEO, Trustee, Receiver, Special Master, or
Liquidating Trustee in over 100 matters and has personally INDUSTRY EXPERIENCE
been involved in the sale of more than $1B of going • Manufacturing
concern and real estate transactions. Mr. Foster is actively • Real Estate
involved in his community and holds a Bachelor of Science • Hotels
degree in Engineering from the University of Arizona. • Retail Sales
• Hospitality
COURT APPOINTMENTS • Construction
Federal • Fuel and Petroleum
• Liquidating Trustee for MDIG Liquidating Trust (Arizona) • Consumer Products
• For Profit Education
• Liquidating Trustee for Silverado Stages, Inc. Liquidating
• Financial Services
Trust (Arizona)
• Financial Advisor to Debtor for Chapter 11 Plan of
AWARDS
Reorganization for an internet marketplace company
2022 - Phoenix Titan 100
• Chapter 11 Trustee, U.S. Bankruptcy Court v. Los Dos Molinos
Cafe Y Cantina, LLC, Case No. 2:17-bk-07095-PS 2021 - Resolute named to
• Financial Advisor to law firm to conduct a Chapter 11 Plan Inc. 5000 List
of Reorganization feasibility analysis for an alternative fuel
company 2010, 2011, 2012, 2013 -
• Liquidating Trustee for Shoot the Moon, LLC liquidating trust AZRE People to Know in
• Chapter 11 Trustee, U.S. Bankruptcy Court v. Shoot The Moon, Commercial Real Estate
LLC, CV 15-60979-11, 2015
• Financial Advisor for Debtors, U.S. Bankruptcy Court v. 2008 - AZRE magazine RED
Industrial Ride Shop, LLC; Industrial Skate and Boards, Inc., Award - Rookie of the Year,
Case No. 2:16-bk-14176-BKM; Case No. 2:16-bk-14389-BKM State of AZ
• Financial Advisor to Florence Hospital for real estate
matters, Case No. 4:13-bk-03201 2008 - Junior Achievement
Bronze Leadership Award
Case 22-10951-CTG Doc 630-3 Filed 03/09/23 Page 5 of 7

Superior
• YAT USA, INC v. QC LCB, INC - Maricopa County Superior Court; Receiver, 2023
• First Citizens Bank & Trust v. Ridgeline 20221 N. 29th Ave. Property LLC - Maricopa County Superior
Court; Receiver 2022
• Arizona Bank & Trust v. St. Albert Care Home, LLC, et al. - Maricopa County Superior Court;
Receiver, 2021
• BBVA USA v. Fortis Networks, Inc, et al. - Maricopa County Superior Court; Receiver, 2021
• Pacific Western Bank v. Don Bremmer, et al. - Maricopa County Superior Court; Receiver, 2020
• First International Bank & Trust v. CEL Services Group, Inc. - Maricopa County Superior Court;
Receiver, 2020
• Phoenix-Mesa Gateway Airport Authority v. Warrior Enterprises -Maricopa County Superior Court,
Arizona; Receiver, 2020
• Big Elk Funding LLC v. Total Marketing Concepts - Seminole County Superior Court, Florida;
Receiver, 2019
• Wells Fargo Bank v. Gladhart Family Medicine, LP - Maricopa County Superior Court; Receiver,
2019
• AZ 3-16 Fund LLC v. Boss Real Estate Holdings, LLC - Maricopa County Superior Court; Receiver;
2018
• Enterprise Bank & Trust v. Impala Bob’s, Inc. - Maricopa County Superior Court; Receiver; 2018
• Indigo-DLI Holdings I, LLC v. New Vision Health LLC, and Gilbert Hospital, LLC, and Florence Hospital
at Anthem, LLC - Maricopa County Superior Court; Receiver; 2018
• Bank of America v. A Sober Way Home, Inc. - Maricopa County Superior Court; Receiver, 2018
• Dean M. Barlow v. Barlow Company, Inc. - Maricopa County Superior Court; Financial Advisor,
2016
• C. Dwayne Walker v. W B Contracting, Inc. - Apache County Superior Court; Receiver, 2015
• Jerry Workman, et al. v. Mohit Asnani, et al. - Maricopa County Superior Court; Special Master,
2015
• ClinTrico LLC v. Advanced Research LLC - Maricopa County Superior Court; Receiver, 2014
• Wells Fargo Bank v. Meyer & Lundahl Manufacturing Co. - Maricopa County Superior Court;
Receiver, 2014
• Western Alliance Bank v. Architectural Traditions LLC - Pima County Superior Court; Receiver, 2014
• Bank of Montreal v. High-Tech Institute, Inc. - Maricopa County Superior Court; Receiver, 2014
• Monarch Capital Corporation v. For The Earth Corporation, et al. - Maricopa County Superior
Court; Receiver, 2014
• General Electrical Capital Business Asset Funding v. Two Brother VIII, Inc. - Maricopa County
Superior Court; Receiver, 2014
• General Electrical Capital Business Asset Funding v. Two Brother II, Inc. - Maricopa County
Superior Court; Receiver, 2014
• Wells Fargo Bank National Association v. Cactus Rose Construction Inc. - Maricopa County
Superior Court; Receiver, 2014
• Beal Bank Nevada v. Central Court West Associates, et al. - Clark County Superior Court;
Receiver, 2013
• Enterprise Bank & Trust v. Byung T. Park & OK C. Park - Pima County Superior Court; Receiver, 2013
• Diversified Funding Group LLC v. Group Three Properties, et al. - Maricopa County Superior Court;
Receiver, 2012
• Wells Fargo Bank v. Kingman Place Apartments LLC - Mohave County Superior Court; Receiver,
2012
• NY Credit Funding LLC v. Montecito Ventana LLC, et al. - Pima County Superior Court; Receiver,
2012
• Enterprise Bank & Trust v. Americana Nogales LLC, et al. - Santa Cruz Superior Court; Receiver,
2012
• Alliance Bank of Arizona v. MSJ Investment Properties LLC, et al. - Pima County Superior Court;
Receiver, 2012
Case 22-10951-CTG Doc 630-3 Filed 03/09/23 Page 6 of 7

ASSIGNMENT FOR THE BENEFIT OF CREDITORS
• Assignee for Haus - Operated Sonoma County Apertif producer company for 90 days to effectuate
sale of going concern. Duties include facilitating continued order fulfillment for Direct-to-Consumer
brand.
• Assignee for The Renewal Workshop - Engaged to provide orderly DE winddown for
manufacturer in the textile industry. Enterprise located in the US and EU with $20MM VC/PE
backers. Oversaw the transfer of select assets (IP & FFE) to be sold to European company.
• Assignee for Fast AF - Engaged to provide orderly winddown for online checkout provider in
California once valued at $580MM. Duties include assessment of company financials and
records, review of company contracts, and assessment of contingent liabilities.

OUT OF COURT RESTRUCTURING / INTERIM MANAGEMENT
• Appointed as CRO for Santa Cruz Valley Regional Hospital. Responsbile for building and
executing a strategy to navigate from active patient care to full decommissioning of enterprise
from facility in less than 90 days, managing all regulartory requirements related to facility
health services and personnel and collecting out A/R and work with Investment Banker to find
asset buyer.
• Served as CRO for $75MM concrete and framing contractor located in Las Vegas, NV.
Responsible for tracking financial performance, job costing, project-specific profitability and
identification of cost reduction and operations improvement opportunities under restructuring
or liquidation.
• Hired as CRA for $65MM commercial laundry company based in Las Vegas, NV. to build strategy
to stabilize opeations, become primary liasion wih lenders and stakeholders, support sale to
third party and negotiate repayment of capital stack.
• Served as Financial Advisor for multi-state Restaurant Franchisor with 3 distinct concepts in
90 locations. Responsible for evaluating monthly and quarterly financial reporting; as well as
advising and assisting in crucial fiscal matters including projected income statements, cash
flows, and financial covenant levels.
• Served as Interim President and CRO for large independent Produce Distributor with
headquarters in Phoenix, Arizona. Was responsible for stabilizing operations, finding creative
ways to unlock assets on balance sheet and ultimately execute the restructuring of the
company. Resolute worked with an industry specific Investment Banker to successfully create
options for existing ownership to consider.
• Served as Financial Advisor to International Manufacturer and Distributor of specialty retail
products for coffee and tea headquartered in Seattle, Washington. The company brought
product to market under several brands in the following sales channels: e-commerce, big
box retailers, and specialty retailers. Resolute worked to streamline operations, focus sales
strategies and restructure overall capital stack to execute a defined turnaround plan.

SPEECHES AND PUBLICATIONS PROFESSIONAL EXPERIENCE
Presenter - Arizona Society of CPAs, October • Resolute - Principal and Founder
2022 | Assignment of the Benefit of Creditors - 2008 - Present
The Bankruptcy Alternative You’ve Likely Never • Insight Land & Investments
Heard Of 2005 - 2008
• Propaganda Communications, Inc.
Presenter – Arizona Society of CPAs, September 2002 - Present
2021 | Palliative Care for Terminal Enterprises • Mobility Electronics
1996 - 2002
Panel Member – Beverly Hills Bar Association,
May 2019 | Closing a Business with Consumer
Protected or Patient Confidential Information & IP
Case 22-10951-CTG Doc 630-3 Filed 03/09/23 Page 7 of 7

EDUCATION
Bachelors of Science, Engineering, University
of Arizona

COMMUNITY INVOLVEMENT
Current
Executive Board Member, Special Olympics of
Arizona
Chair of Finance Committee, Special
Olympics of Arizona
Emeritus Board Member, Junior Achievement
of Arizona

Prior
• Chairman of the Board and Member of the
State and Central Executive Committees
for Junior Achievement of Arizona
• Member Board of Directors, Entrepreneurs’
Organization of Arizona
• Board Member, Christ Church School
• Board Member, Scottsdale Public Art
Advisory Board
• Founding Member, One 5 Foundation
• Member, Arizona Town Hall
• Member, Downtown Scottsdale Town Hall

jfoster@resolutecommercial.com Headquarters
(602) 315 7104 6750 E Camelback Road, Suite 103
resolutecommercial.com Scottsdale, AZ 85251

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