IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

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Lester Rogers
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1 89S%'WOCT Third Judicial District MAY MARK L. SHURTLEFF #4666 Attorney General TIMOTHY A. BODILY #6496 Assistant Attorney General 60 East 300 South, Fifth Floor P.O. Box Salt Lake City, Utah Telephone: (80) Attorneys for the State of Utah zssl\eq IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH IN THE MATTER OF THE UNITED EFFORT PLAN TRUST, (Dated November 9, 942, Amended April 0, 946, and Amended and Restated on November 3, 998); and its, TRUSTEES, including known trustees TRUMAN BARLOW WARREN JEFFS, LEROY JEFFS, WINSTON BLACKMORE, JAMES ZITTING and WILLIAM E. JESSOP a/k/a WILLIAM E. TIMPSON and DOE TRUSTEES I THROUGH IX.' ) AMENDED ) EX-PARTE TEMPORARY RESTRAINING ) ORDER APPOINTING A SPECIAL ) FIDUCIARY AND SUSPENDING ) THE TRUSTEES ) ) Civil No ) ) Judge Robert W. Adkins This matter came before this Court on the Petitioner's, The Attorney General of the State of Utah, Amended Ex-Parte Motion for Amendment to this Court's Ex-Parte Temporary Restraining Order Appointing A Special Fiduciary and Suspending the Trustees. The Court finds good cause in clarifying the Order. The Order is amended to read as follows: This matter came before this Court on the Petitioner's, the

2 Attorney General of the State of Utah, Ex-Parte Motion For Immediate Appointment of Special Fiduciary and Suspension of the Trustees. The Court has reviewed the Petition, Exhibits, Motion, Memorandum in Support and the Affidavit of Richard Holm. The Court also takes judicial notice of the proceedings currently pending in the Third Judicial District, (Case # ), (Case # ) and Fifth Judicial District Court (Case # ). The Petitioner has requested its temporary relief by invoking the power of the Court under Utah Code Ann (2) and Rule 65A Utah R. Civ. P.. The Court notes that the Petition has been joined by persons who claim a private interest in the assets of the United Effort Plan Trust("UEP Trust" or ("Trust"). Upon review of the evidence, the Court finds sufficient evidence that the current trustees have committed a breach of trust by failing to administer the trust with reasonable care, taking steps to defend claims against the Trust, and to take reasonable steps to protect Trust property. See Utah Code Ann , , and

3 The Court takes judicial notice of the Trustee's failure to defend the tort actions filed in the Third Judicial District. The Court also takes judicial notice of the Fraudulent Transfer Complaint filed in the Fifth Judicial District against the Trust. The Court has also reviewed the affidavit of Richard Holm indicating a current pattern of liquidation of the Trust assets at below market value inconsistent with the donor's intent. The Court has also reviewed the proposed quiet title action of the special fiduciary to be filed if appointed. The refusal of the current trustees to defend the Trust and to stop the current liquidation of trust assets justifies the relief requested by the Petitioner. The Court finds that the Trust will be irreparably harmed by the continued liquidation and transfer of its property. This harm is not outweighed by any harm to the Trust or the trustees. The relief requested is for the benefit of the Trust. The trustees operate as a fiduciary of the trust and any restraint imposed upon them is in that capacity. The Court does not find that the public interest will be harmed by the relief requested. Finally, the Court finds that the relief requested by the Petitioner must be granted ex parte to prevent further

4 irreparable harm to the Trust. NOW THEREFORE, IT IS HEREBY ORDERED:. Pursuant to Utah Code Ann (2) (f), the current trustees of the UEP Trust are suspended and enjoined from conducting any activity on behalf of the UEP Trust, except as necessary to maintain and protect the Trust as presently constituted until further order of the Court. 2. Pursuant to Utah Code Ann (2)(e), Bruce Wisan is appointed as special fiduciary on a limited basis without bond to preserve, trace and recover the property or proceeds identified in the Fraudulent Transfer Action filed in the Fifth Judicial District Court, (Case # ). 3. That the special fiduciary be authorized to file a quiet title action and lis pendens in Salt Lake County on behalf of the UEP Trust as permitted under Utah Code Ann. $3 Code Ann (2) (i) and Utah 4. That the payment of the fees and costs of the special fiduciary are authorized as a priority claim under Utah Code Ann The authorized fees and costs should include the fees of the special fiduciary at $ per hour, the accounting

5 services that may be provided by his accounting firm at its standard rate, and of his attorneys, including his current attorneys consisting of the firm Callister Nebeker & McCullough (specifically Jeffery L. Shields and Mark L. Callister). 6. The authorized. fees and costs should also include those incurred by the special fiduciary and his attorneys in preparing for the appointment as allowed by Utah Code Ann (). 7. All fees and costs of the special fiduciary, members of his accounting firm, and his attorneys must be approved by the Court. A hearing shall be held on the 6th day of June, 2005 at 0:OOam to determine whether this Amended Order should be continued or a preliminary injunction should be granted. This Order will expire at the conclusion of that hearing unless terminated by order of the Court or by stipulation of the parties or unless extended by the Court. IT IS SO ORDERED this 3/ day

6 CERTIFICATE OF SERVICE 4- I hereby certify that on the 3 day of 2005, I caused a copy of the foregoing AMENDED EX-PARTE TEMPORARY RESTRAINING ORDER APPOINTING A SPECIAL FIDUCIARY AND SUSPENDING THE TRUSTEES to be sent via facsimile and U.S. mail, postage prepaid, to: Rodney R. Parker Snow Christensen & Martineau 0 Exchange Place, th Floor P.O. Box Salt Lake City, Utah 8445 Fax No. (80) Jeffrey L. Shields Callister Nebeker & McCullough 0 E. South Temple, Suite 900 Salt Lake City, Utah 8433 Fax No. (80) Marlene M. Mohn 230 Wasatch Blvd. Sandy, Utah Via marlenemrnohn@msn.com

IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH Jason N. Dixon (11884) JDIXON LAW, P.C. 1155 N Canyon Street PO Box 842434 Hildale, UT 84784 Telephone: (435) 216-2084 jason@jasondixonlaw.com Attorney for the United Effort Plan Trust IN THE THIRD JUDICIAL