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2008-03-17_Daniel_Johnson_v_State_Civil_06-1-0303_Defendant_County_of_Hawaii's_Motion_for_Summary_Judgment_filed_March_17_2008
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2008-03-17_Daniel_Johnson_v_State_Civil_06-1-0303_Defendant_County_of_Hawaii's_Motion_for_Summary_Judgment_filed_March_17_2008
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(C) Agreements that Apply to Leases and <br /> Preventing Reiection or TerminatiSM of Leases in B nk MZU Cum If(i)the Property includes,or <br /> is under,covered.or affected by Any leases(the"Property Leaser"),(ri)I,or anyone else with rights <br /> to andfor obligations under any Property Leases. including, but not limited to, lessors, lessees, <br /> sublessors, and sublessees, become a debtor in a voluntary or involuntary bankruptcy case, and <br /> ('iii) an order for relief is issued pursuant to the bankruptcy laws, ft I will take the actions <br /> necessary to prevent the Property Leases(a)from being rejected by me, any bankruptcy trustee or <br /> any other person pursuant to the bankruptcy laws,or(b)from being terminated in any manner. I will <br /> take such actions within five(5)days from the date of filing of the order for relief. The bankruptcy <br /> laws include,but are not limited to,Section 365 of Title I 1 of the provisions of the United States <br /> Cods,which is often referred to as Bankruptcy Code Section 365,as it may be amended from time <br /> to time. <br /> I now appoint you as my attorney-in-fact to do whatever you, as Lender, believe is <br /> necessary to protect your interests in the Property and to prevent the rejection or termination of the <br /> Property Leases under the bankruptcy laws. This means that I now give you the right,in my place <br /> and name,or in your own name,to do whatever you believe is necessary to protect your interests in <br /> the Property. You have no obligation or responsibility to look out for or take care of my interests. <br /> You may,but you do not have to,take any actions to prevent the Pmpeaty Leases from being rejected <br /> or terminated pursuant to the bankruptcy laws. Those actions include,but are not limited to,the <br /> following: <br /> (1) The filing of any instruments,documents and pleadings with the court to assume <br /> and/or assign the Property Leases;and <br /> (ii) The filing of a notice of election to remain in possession of leased real property if <br /> my lessor becomes a debtor in a bankruptcy case and rejects my lease. <br /> Your having the right to take such actions will not prevent me,on my own,from taking any <br /> actions to protect my interests and the Property Leases. <br /> (D) dents that Anoly to Cmdomir„nms and PEWI If the Property is a unit in <br /> a Condominium Project or in a PUD,I will falfM all of my obligations under the declaration,bylaws, <br /> regulations and other documents that create or govern the Condominium Project or PUD. Also,I <br /> will not divide the Property into smaller parts that may be owned separately(known as"partition or <br /> subdivision'). I will not consent to certain actions unless I have first given Lender notice and <br /> obtained Lender's consent in writing. Those actions are. <br /> (1) The abandonment or termination of the Condominium Project or PUD,unless,in <br /> the case of a condominium,the abandonment or termination is requited by Iaw; <br /> (2) Any change to the declaration,bylaws or regulations of the Owners'Association, <br /> trust agreement,articles of incorporation,or other documents that create or govern the Condominium <br /> Project or PUD,including,for example,a change in the percentage of ownership rights,held by unit <br /> owners,in the Condominium Project or in the common areas or facilities of the PUD; <br /> y <br /> 1 <br />
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