Order Granting Temporary Restraining Order and Appointing Receiver

To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiff's in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership

Upon evidence admitted to this court, during the hearing for Temporary Restraining Order and Application for Appointment of Receiver the court finds the requirements for chapter 64 pre-judgment receiver has been met.

Plaintiff have good faith reasons to believe that Defendant owns non-exempt rights to present or future property that cannot be readily attached or levied on by ordinary legal process as required by the standard set forth in Tanner. Such property includes, but is not limited to, real property, tangible and intangible assets, other property, professional corporations which have accounts receivable, bank accounts that are easily moved and constantly changing in balance, and community property held jointly.

The appointment of a Receiver to locate, marshal, and administer assets is justified because the Court believes that non-exempt assets exist which Judgment Plaintiffs are justified in believing Defendant will hide.

A Receiver is necessary to preserve corporate assets, and that the Receivership is necessary not to harass, but to serve justice.

There is no prejudice to Cyberlux by having a Receiver in place.

Without this Temporary Restraining Order, the Plaintiff has no adequate remedy at law for the relief requested.

CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709

MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312 5014 SSN: 246-31-0622 D.O.B. February 27, 1965

"Receiver" refers to: ROBERT W. BERLETH. Receiver is the agent of this Court (not the attorney for any party), and is to be treated with the same courtesy accorded to the Court. BERLETH & ASSOCIATES Robert W. Berleth Texas Bar # 24091860 SDOT #: 3062288 E-mail: rberleth@berlethlaw.com

the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate.

Hon. Beau Miller ANCILLARY JUDGE PRESIDING

On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel

Upon evidence admitted to this court, during the hearing for Temporary Restraining Order and Application for Appointment of Receiver the court finds the requirements for chapter 64 pre-judgment receiver has been met. The court takes judicial notice of the evidence and testimony presented during the TRO hearing.

6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM

The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate.