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84005507
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Last modified
3/4/2012 1:59:28 PM
Creation date
11/20/2008 10:04:45 PM
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DEEDS
Inst Number
84005507
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84' °" 405507 <br />Where practical, Receipts, Rental Pool Management Fees, - Disbursements <br />! and Leasing Fees will be prorated in the event of a change in a Unites' <br />1 availability for Rental Use. <br />15. Custodial Account. <br />The Agent agrees that all Receipts collected by it on behalf" of 'all" -The " <br />Yancey Owners whose units are available- for Rental Use shall, be degisitedri • single "Custodial Account", separate and apart from Agent's = own " funds,,,; i c= " <br />• state or national bank where deposits are insured by the federal"' <br />meat. Any interact paill on accounts shall be payable'- to said _arnn9irit., <br />and shall be a Receipt. <br />The Agent may maintain a minimum balance in the Custodial Account for <br />the purpose of providing "working capital" for the operation of the rentsi <br />pool. Initially, this balance shall be $10,000. Agent may adjust this- adtomt <br />during ongoing operations if Agent in its sole and good faith discretion <br />determines that less or more working capital Is required. <br />Owner hereby appoints the Agent as Owner's true and lawful attorney- in -£act , coupled with an intent. to pay by check or otherwise the . Owner's <br />allocation of Receipts, Rental Pool Management Fee, Disbursements, Leasing <br />Fees, Capital Expenditures and Association Assessment, at any time from -the <br />Custodial Account without prior notice to the Owner. <br />16. Advancement of funds. <br />The Agent shall have no obligation whatsoever to advance funds to the <br />Owner. At Agent's option, however, the Agent may advance funds to the <br />Owner who shall pay the Agent interest on such advances at the rate of 16% <br />per annum. Owner agrees to promptly and fully compensate the Agent for <br />the advanced funds within thirty days of such advancement. Failure by the <br />Owner to promptly or fully pay the Agent shall give the Agent the rights and <br />remedies described in paragraph 13. <br />17. Audit. <br />Agent will engage an independent certified public accountant(s) to <br />produce annual audited financial statements for all The Yancey Owners whose <br />units were available for Rental Use during the audited year. <br />18. Insurance. <br />In addition to the property and public liability insurance coverage pro- <br />vided by the Association, the Agent will secure an additional insurance policy <br />(or riders to the insurance policy carried by the Association) for The Yancey <br />Owners whose Units are available for Rental Use insuring against loss of <br />rents for a period of up to 12 months on each Unit, in the event a Unit <br />becomes uninhabitable as a result of basically all risks except flood, war, <br />earthquake, radiation and the like. <br />Owner recognizes that the maintenance of liability and property insur- <br />ance coverage insuring the Owner and persons in possession from personal <br />liability and loss or damage to their property, which is not otherwise insured <br />-9- <br />in <br />
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