EXHIBIT 10.544
EXECUTION COPY
AMENDMENT TO LOAN SERVICES
AGREEMENT
This Amendment to that certain Loan Services
Agreement dated as of January 1, 2004, as amended,("Services
Agreement") made between INLAND MORTGAGE SERVICING CORPORATION
("Service Provider"), an Illinois corporation, and
INLAND WESTERN RETAIL REAL ESTATE ADVISORY SERVICES, INC.
("Business Manager"), an Illinois corporation, is made as of
November 15, 2007 by the parties to the Services Agreement.
In consideration of the agreements to be made
herein and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
1.
Section 2.2 of the Services Agreement is hereby
deleted in its entirety and in lieu thereof the following is
inserted:
"2.2 The Business Manager and Service
Provider acknowledge that the relationship created hereby is on
a non-exclusive basis such that during the Initial Services Term
and any Additional Services Term, the Business Manager is
permitted to retain third parties to perform the same or similar
Services for any loan that has not been placed with the Service
Provider to service, or to have the REIT perform such services;
and that Service Provider shall be permitted to perform the
Services or any individual Service for any other parties. Once a
loan has been placed with the Service Provider, it cannot be
withdrawn unless this Agreement has been terminated as
hereinafter provided."
2.
Section 3.3 of the Services Agreement is hereby
deleted in its entirety and in lieu thereof the following is
inserted:
"3.3 At any time during the Initial Services
Term or during an Additional Services Term, the Business
Manager, or the successor to the REIT if a Change of Control has
occurred, shall have the right to terminate this Agreement,
without cause, by providing not less than one hundred eighty
(180) days’ prior written notice to Service Provider of
any election to so terminate and specifying the effective date
of such termination; provided, however:
(a) In the event Bus
