THE LOCKBOX SERVICE AND THE
COLLECTION ACCOUNT SERVICE FOR BORROWER AND LENDER.
3.
ACCESS TO REMITTANCES, LOCKBOX AND ACCOUNT FUNDS.
BORROWER WILL
NOT HAVE ACCESS TO ANY REMITTANCES UNLESS SUCH ACCESS IS SPECIFICALLY PROVIDED
IN THIS AGREEMENT OR IS SPECIFICALLY AUTHORIZED BY LENDER IN WRITING.
REGULUS,
AS THE AGENT OF LENDER, WILL HAVE EXCLUSIVE ACCESS TO THE LOCKBOX.
REGULUS WILL
GIVE APPROPRI­ATE INSTRUCTIONS CONCERNING THE LOCKBOX AND THE REMITTANCES TO THE
UNITED STATES POST OFFICE WHERE THE LOCKBOX IS LOCATED, AND WILL NOT REVOKE SUCH
INSTRUCTIONS WITHOUT THE PRIOR WRITTEN CONSENT OF LENDER.
ALL ACCOUNT FUNDS
SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF LENDER WITHDRAWABLE FROM THE LENDER
ACCOUNT ONLY BY LENDER AS PROVIDED IN THIS AGREEMENT OR IN THE ACCOUNT
DOCUMENTATION PURSUANT TO WHICH THE LENDER ACCOUNT WAS OPENED.
BORROWER WILL
HAVE NO INTEREST IN, OR ANY CONTROL OVER, ANY ACCOUNT FUNDS, AND ACCOUNT FUNDS
SHALL NOT BEAR INTEREST.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE LENDER
ACCOUNT WILL NOT BE SUBJECT TO DEDUCTIONS, SETOFF, BANKER'S LIEN, OR ANY OTHER
RIGHT IN FAVOR OF ANY PERSON OTHER THAN LENDER.
4.
PROCESSING LOCKBOX MAIL.
EACH DAY THAT REGULUS OFFERS THE
LOCKBOX SERVICE, REGULUS OR ITS SUBCONTRACTOR WILL PICK UP AT, AND TRANSPORT
FROM, THE LOCKBOX THE REMITTANCES, AND, EXCEPT AS OTHERWISE SPECIFICALLY
PROVIDED IN THIS AGREE­MENT, REGULUS WILL OPEN SUCH REMITTANCES AND PROCESS SUCH
REMITTANCES IN ACCORDANCE WITH THE LOCKBOX PROCESSING PROCEDURES ATTACHED TO
THIS AGREEMENT AS EXHIBIT "A" ("PROCESSING PROCEDURES").
BORROWER AGREES TO
INSTRUCT ITS CUSTOMERS AND OTHER OBLIGORS NOT TO SEND CASH TO THE LOCKBOX.
REGULUS WILL NOT COMPLY WITH ANY INSTRUCTION OR REQUEST OF BORROWER ALTERING THE
PROCE­DURES UNLESS SUCH INSTRUCTION OR REQUEST IS AGREED TO IN WRITING BY LENDER
OR IS SUPPORTED BY A COURT ORDER.
AT THE WRITTEN REQUEST OF LENDER, WITH OR
WITHOUT THE CONSENT OF BORROWER, REGULUS WILL STOP PROCESSING REMITTANCES AND
WILL SEND ALL SUCH REMITTANCES UNOPENED TO LENDER, OR TO BORROWER IF LENDER SO
INSTRUCTS REGULUS IN WRITING.
LENDER AND BORROWER AGREE THAT REGULUS WILL HAVE
NO LIABILITY WHAT­SO­EVER WITH RESPECT TO REMITTANCES AFTER THEY ARE SENT TO
LENDER, OR TO BORROWER IN ACCORDANCE WITH LENDER'S WRITTEN INSTRUCTIONS.
5.
DEPOSITS AND CONFIRMATIONS.
BORROWER AND LENDER AUTHORIZE
REGULUS TO ENDORSE CHECKS AND OTHER PAYMENT INSTRUMENTS RECEIVED AT THE LOCKBOX
AND TO DEPOSIT SUCH ITEMS INTO THE LENDER ACCOUNT AS PROVIDED IN THE PROCESSING
PROCEDURES, EVEN THOUGH SUCH CHECKS AND OTHER PAYMENT INSTRUMENTS MAY BE MADE
PAYABLE TO BORROWER.
REGULUS WILL PROVIDE TO LENDER AND TO BORROWER AN ADVICE
OF DEPOSITS CREDITED TO THE LENDER ACCOUNT AT THEIR RESPECTIVE ADDRESSES
SPECIFIED AT THE END OF THIS AGREEMENT FOR ADVICE OF DEPOSITS AND STATEMENTS.
WELLS FARGO WILL PROVIDE TO LENDER AND TO BORROWER WELLS FARGO'S REGULAR
STATEMENT COVERING DEPOSITS TO AND WITHDRAWALS FROM THE LENDER ACCOUNT AT THEIR
RESPECTIVE ADDRESSES SPECIFIED AT THE END OF THIS AGREEMENT FOR ADVICE OF
DEPOSITS AND STATEMENTS.
BORROWER AND/OR LENDER AGREE TO NOTIFY WELLS FARGO'S
SERVICE CENTER, WHOSE ADDRESS AND TELEPHONE NUMBER WILL BE GIVEN TO BORROWER