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2013-06-24_REPORT - P2009018
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2013-06-24_REPORT - P2009018
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Last modified
8/20/2019 11:08:31 AM
Creation date
6/25/2013 10:45:56 AM
Metadata
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Template:
DRMS Permit Index
Permit No
P2009018
IBM Index Class Name
REPORT
Doc Date
6/24/2013
Doc Name
Annual Fee/Report/Map
From
Marcie Jaeger
To
DRMS
Permit Index Doc Type
Annual Fee/Report
Email Name
RCO
Media Type
D
Archive
No
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(dd) that nothing contained in this order shall be construed as obligating the Receiver <br />to advance its own funds in order to pay the costs and expenses of the receivership that have <br />been approved by the Lender and the Court; <br />(ee) that nothing contained in this order shall be construed as obligating the Lender for <br />the costs and expenses of the Receiver nor requiring the Lender to advance funds to the Receiver <br />to meet any capital needs of the Red Arrow Collateral; <br />(ff) that the Receiver may apply at any time to the Court, with notice to all other <br />parties in this case, for further instruction and for further power necessary to enable the Receiver <br />to properly fulfill its duties; <br />(gg) that the Receiver shall be discharged upon the Court's approval of the Receiver's <br />final accounting, including, without limitation, upon removal or resignation as provided in <br />Section "cc" of this Order; <br />(hh) that the entry of the Court's order appointing the Receiver shall not in any manner <br />prejudice any of the other rights and remedies of Lender under the Loan Documents and /or under <br />applicable law; <br />(ii) that the term "Approval" as used in the order means that such action is authorized <br />only if and when the Receiver either receives the written consent of Lender to such action or, <br />having failed to receive such written consent from the Lender within a reasonable time, when the <br />Receiver obtains entry of a further order of the Court; <br />0j) that the Receiver is authorized (i) to employ counsel to aid it and to provide it <br />counsel in connection with its duties as Receiver, and (ii) subject to Approval, to pay its counsel <br />at the customary hourly rates for the legal services rendered in connection therewith; <br />(kk) that, notwithstanding anything set forth herein above which may state or imply to <br />the contrary, Receiver shall not be obligated to advance any monies to make improvements to, to <br />conduct reclamation or environmental remediation or the Lands or to rehabilitate the Property, or <br />incur or pay any other expenses or bills in connection with its role as Receiver, except to the <br />extent that monies for such matters are available either from operating revenues generated by the <br />Property and /or funds provided by Lender or another party as provided in Section "q" of this <br />Order; <br />(11) that the Receiver is immediately vested with (and Defendants, their respective <br />managers, members, directors, officers, employees, and agents, shall immediately deliver) the <br />books and records with respect to the operation of the Red Arrow Collateral, including any and <br />all information related to: 1) amounts paid by obligors of Defendants; 2) liens, encumbrances <br />and other interests against or affecting the Red Arrow Collateral and/or other property; 3) <br />property taxes owed by each of the Defendants in connection with the Red Arrow Collateral; 4) <br />all types of insurance affecting the Red Arrow Collateral and /or other property; 5) Plans, <br />specifications, surveys and drawings of the Red Arrow Collateral; 6) access codes to the <br />Property and any building or space therein; 7) all computers, computer systems, software <br />necessary to review, understand, print and deal with computerized records, and all access <br />16 <br />HRODENU 646830 1 <br />
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