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IN RE DOCTORS HOSPITAL OF HYDE PARK, INC.

Bankruptcy No. 00 B 11520, Adversary No. 02 A 00363.

In re: Doctors Hospital of Hyde Park, Inc., Chapter 11, Debtor. Gus A. Paloian, Chapter 11 Trustee of Doctors Hospital of Hyde Park, Inc., Plaintiff, v. LaSalle Bank National Association, f/k/a LaSalle National Bank, as Trustee for Certificate Holders of Asset Securitization Corporation Commercial Pass-Through Certificates, Series 1997, D5, by and through its servicer, Orix Capital Markets, LLC Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

July 17, 2013.

Attorney(s) appearing for the Case

John Costello, Esq. , Scott A Semenek , Jeffrey L. Gansberg, Esq. , John E. Frey, Esq. , Yeny Estrada , Edwards Wildman Palmer LLP, Chicago, IL, Counsel for Debtor/Plaintiff/Trustee.

Lewis T. Stevens, Esq. , Michael Warner, Esq. , Simon Warner & Doby LLP, Fort Worth, TX, Counsel for LaSalle Bank.

N. Neville Reid , Fox, Hefter, Swibel, Levin & Carroll LLP, Chicago, IL, Counsel for Unsecured Creditors Committee.

David T.B. Audley, Esq. , Michael T. Benz, Esq. , Richard Wohlleber , Chapman and Cutler LLP, Chicago, IL, Counsel for LaSalle Bank N.A. as Trustee for Certificates-Holders of Asset Securitization Corp. Commercial Mortgage Pass-Through Certificates, Series 1997 D5, and through its servicer, ORIX Capital Markets, LLC.

Stacy J. Flanigan , Winston & Strawn LLP, Chicago, IL, Counsel for Dan K. Webb.

Kathryn M. Gleason, Esq. , Office of the U.S. Trustee, Chicago, IL 60606.

Howard L. Adelman, Esq. , Adam P. Silverman, Esq. , Adelman, Gettleman, Merens, Berish & Carter, Ltd., Chicago, IL, Counsel for LaSalle Bank.

James M. Witz, Esq. , Frances Gecker, Esq. , Freeborn & Peters, Chicago, IL, Counsel for Stephen Weinstein.

Nancy A. Peterman, Esq. , Jane B. McCullough, Esq. , Kimberly M. DeShano, Esq. , Greenburg Traurig PC, Chicago, IL, Counsel for Asset Securitization Corp. And Nomura Asset Capital Corp.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JACK B. SCHMETTERER, Bankruptcy Judge.

This proceeding was tried on remand after appeals to the Seventh Circuit by both parties from a judgment entered following the first trial. The parties rested after further trial on issues remanded, and final arguments were filed in writing. Findings of Fact and Conclusions of Law are hereby made and entered in the following parts:

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