Page:United States Statutes at Large Volume 122.djvu/2769

 12 2 STA T . 2 746PUBLIC LA W 11 0– 2 89—J UL Y3 0, 2008 ‘ ‘ (i i )any i m m ed ia t e or mediate g ood f ait h tran s- feree of s uc h transferee . ‘‘( D ) RIGHTSUNDER THIS PA RAGRAPH. —T he rights under this p aragraph of the conser v ator or receiver descri b ed under subparagraph ( A ) sha l l be superior to any rights of a trustee or any other party (other than any party w hich is a F ederal agency) under title 1 1 ,U nited S tates C ode. ‘‘(1 6 ) ATTA C H M ENT OF ASSETS AND OTHER IN J UNCTI V E RE L IEF.—Sub j ect to paragraph (1 7 ), any court of competent jurisdiction may, at the re q uest of the conservator or receiver, issue an order in accordance with rule 6 5 of the Federal Rules of Civil P rocedure, including an order placing the assets of any person designated by the conservator or receiver under the control of the court, and appointing a trustee to hold such assets. ‘‘(17) STANDARDS OF PROOF.—Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under paragraph (16) without regard to the requirement of such rule that the applicant show that the injury, loss, or damage is irreparable and immediate. ‘‘(1 8 ) TREATMENT OF CLAIMS ARISING FROM B REACH OF CON- TRACTS E X ECUTED B Y THE CONSERVATOR OR RECEIVER.— ‘‘(A) I N GENERAL.— N otwithstanding any other provi- sion of this subsection, any final and unappealable judg- ment for monetary damages entered against the conser- vator or receiver for the breach of an agreement e x ecuted or approved in writing by the conservator or receiver after the date of its appointment, shall be paid as an administra- tive expense of the conservator or receiver. ‘‘( B ) NO LIMITATION OF PO W ER.—Nothing in this para- graph shall be construed to limit the power of the conser- vator or receiver to exercise any rights under contract or law, including to terminate, breach, cancel, or otherwise discontinue such agreement. ‘‘(1 9 ) G ENERAL EXCEPTIONS.— ‘‘(A) L IMITATIONS.—The rights of the conservator or receiver appointed under this section shall be subject to the limitations on the powers of a receiver under sections 402 through 407 of the Federal Deposit Insurance Corpora- tion Improvement Act of 1991 (12 U.S.C. 4402 through 4407). ‘‘(B) M ORTGAGES HELD IN TRUST.— ‘‘(i) IN GENERAL.—Any mortgage, pool of mortgages, or interest in a pool of mortgages held in trust, custo- dial, or agency capacity by a regulated entity for the benefit of any person other than the regulated entity shall not be available to satisfy the claims of creditors generally, except that nothing in this clause shall be construed to expand or otherwise affect the authority of any regulated entity. ‘‘(ii) H OLDING OF MORTGAGES.—Any mortgage, pool of mortgages, or interest in a pool of mortgages described in clause (i) shall be held by the conservator or receiver appointed under this section for the bene- ficial owners of such mortgage, pool of mortgages, or interest in accordance with the terms of the agreement Ap p licab ili ty.

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