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3/14/2012 1:37:29 AM
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S-543
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��� <br /> �L ����S�A1�1 �� '�J � Y`��'�V ��� � <br /> � TNEAY6UfTIM[C0.12787 � , - <br /> of the �ross income from the property. : <br /> I0 . To take alI Iav�ful stepa, or to adopt any Iawful pro�edure, in the name of the O�NER or in <br /> its own name, as may be advisable, to execute or to Pacilitate the execution of any of the povrere <br /> and author3zations, general or apecial, gra.nted to the PRUDENTIAL by this agreement. The PRUDENTIAL <br /> may further execute any writin� which may be necessary to execute or to Pacilitate the execution of <br /> anq of the powers and authorizations gran�ed to it by this. agreement, in ite own name or in the <br /> name of tr�e OV�NER, as may be advisable; and the OWNEH hereb� nominates and appointa the PRUDENTIAI� <br /> hie Attorney in Fact for �.tcchr nurpoaes. <br /> II. �o pay, out oP the gross income from the mortgaged premiaes, all bills or charges which m� be <br /> ineurred under the provisions of paragraphs 1 to 10, inclusive, oY this agreement, and any other <br /> bills or charges which may properly be incurred in pursuance oP the genersl or apecial por►ers <br /> -granted to the PRttDENTIAL by the terms of thia agreement. <br /> And for the coneide�at3on aforesaid, the O1�P1ER further co�renants and agreea with the PRUDEI�TIAL, <br /> that the OVGNER, wi1Z not in any way obatruct or interPere with the execution of any oP the powers <br /> granted to the PR?IDENTIAL by this agreement; on the contrasy, the O�INER will in good faith faeili- <br /> tate in any reasonable way the execution by the PRUDENTIAL of the powers granted to it by this <br />' agreement, It is Purther mutually covenanted and agreed by and between the O�NER and the PRtTDENTIAL <br /> ae follow�: <br /> I. The PRUDEAITIAL shall in no way be obligated to advance or pay out anq mo�eys on account of the <br /> mortgaged premises or the operation or maintenance thereof which i� does not actually rec�ive from <br /> the gross ineome oP the mortgaged premises. <br /> 2. The PRLIDENTIAL sha12 in no way be o�Iigated to pay any debts of the OWNER incurred by him in <br /> the operation or maintenance of the mortgaged premises prior to the ePYective date of thie agree- <br /> ment; but the PRtTDENTIAL may, in its discretion, pay such bills or charges iP. it so eleate, aI- <br /> wave provided that such bills or eharges �hall have been incurred. entirely by reason of the oper- <br /> ation or maintenance of the mort�aged premisea. <br /> 3. The PRUDENTIAL may, in its discretion, accumula�e a reserve fund out of the income from the <br /> mortgaged premiaes, aPter paying such bills, chargee and expenaes as it ia authorized to pay un- <br /> der the terms and provisions oP this agreement, which reserve fund, however, shall be accu�nulated <br /> by the PRCTDENTIAL Por the purpose oP paying taxee or other charges against the mortgage premisea <br /> ( including amounts oP interest and/or principal due the PRUDENTIAL) , wh1ch may aacrue and become <br /> due and payable within a reasonable Puture period. The Ot�NER shall not be entitled to interest <br /> upon any reserve fund so accumulated by the PRUDENTIAL. <br /> �F.- The PRUDENTIAL shall receive no compensation to itselP for its supervision and/or management <br /> and operation of the mortgaged premises (except that it shall be entitled to pay a reasonable <br /> co�pensation to a A�anaging Agent, as hereinbef'ore prvvided� , and the PRUDENTIAL shall not be <br /> 1lable to the OWl�ER in any re$pect becauee of its undertaking oP and operation under the powers <br /> granted to it by this agreement; except that the PRUDENTIAL Bhall always remain Iiable to make <br />' proper account to the �OV�PrER a� his reguest and at reasonable intervals Yor amounts collected and <br /> expended by the PRUDENTIAL: euch intervals, however, in no event to be less than one month. <br /> 5. The PRUDENTIAL shall, aftPr the payment of all proper bills, chargea and expenses, credit <br /> the net amount o� income from the mortgaged premises (over and above auch reserve Pund as the <br /> PRtIDEr1TIAL may see Pit to accumulate, as hereinbePore provided) to any amounts due the PRt�DEhI.TIAI, <br /> by the t�TER under the terms and provisions oP the aforesaid note and mortga�e. The manner of <br /> appllcation of 8uch remaining net ineome, as to the items which shall be credited, shall be <br /> within the sole discretion of the PRUDENTIAL. <br /> " 6. The PRIIDENTIAL reservea to itself the right to Poreclose the aforesaid mortgage at a.ny tia�e <br /> hereaPter, when a default sYiall exist, and this instrument sh�.11 in no wise operate to affect, ' <br /> � � , i <br />
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