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Seaview: February 11, 2025 order appointing special receiver, ECF 18-10

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Case 25-23251-MEH Doc18-10 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc Exhibit | Page 7 of 12 advanced pursuant to the Loan Documents, and will be secured by the liens, security interests, terms and provisions contained within the Loan Documents; n. Leases; Payment of Utilities; Maintenance of the Property; Compliance with Laws. Receiver be authorized to: (1) negotiate and enter into new leases, occupancy agreements and contracts in the ordinary course of the business of the Property; (2) modify existing leases, occupancy agreements and contracts in the ordinary course of the business of the Property; (3) pay all requested future utilities; (4) pay all other outstanding obligations to suppliers and service providers in the ordinary course of business, including obligations incurred prior to the commencement of the receivership, so long as Receiver has determined that it is prudent to do so in order to maintain business relationships that are beneficial to the conduct of the receivership; (5) make repairs necessary to the maintenance of the Property in order to preserve the Property in the ordinary course of business; and (6) comply with all requirements and regulations applicable to the Property; 0. Application of Income from the Property. Receiver be permitted to apply income from the Property, subject to the lien and security interest rights of Lender, as follows: (1) Receiver’s approved fees and expenses; (2) the current operating expenses of the receivership in the ordinary course of business; (3) the obligations owed to Lender under the Loan Documents; and (4) such other obligations incurred; Dp. Receiver’s Cash on Hand. Receiver be permitted to maintain sufficient cash on hand to enable Receiver to meet those expenses, the payment of which is authorized herein, in an amount to be agreed to between Receiver and Lender; q. Payment of Property Expenses. Receiver be permitted to pay all expenses incurred with regard to the Property in the normal and ordinary course of business of the Property by Receiver on or after the date Receiver is appointed. Neither Receiver nor Lender shall be liable for any expenses incurred with regard to the Property prior to Receiver taking possession of the Property. Notwithstanding the foregoing, if Receiver wants a specific utility or utilities restored, Receiver may, in Receiver’s sole and absolute discretion, pay all, or if agreed to by such provider, part of those expenses that were incurred in the normal and ordinary course of business of the Property and that were incurred prior to Receiver taking possession of the Property, if, and only if, the payment of any such pre-existing amounts is necessary and critical to the ongoing operation of the Property (e.g., utilities). Otherwise, no pre-existing expenses shall be paid by Receiver without written approval by Lender or further order of this Court; r Receiver’s Liability. Except in the event of gross negligence, willful misconduct, or actions in violation of orders of the Court, Receiver will have no personal liability for any obligations incurred in the course of the receivership, any and all such liabilities being limited to the assets (including the cash and cash equivalents) received and generated by Receiver in the course of the receivership, subject to the existing lien of Lender; ORDER APPOINTING RECEIVER — PAGE 6
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