New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 15-5

Except when the mortgaged real estate is subject to a condition or right of re-entry of forfeiture under which the first mortgage lien can be cut off, subordinated or otherwise disturbed, a fiduciary may invest in a mortgage or interests in a mortgage or mortgages notwithstanding that the mortgaged real estate may be subject in whole or in part to taxes or assessments that are not delinquent, or to the effect of instruments creating or reserving mineral, oil or timber rights, rights of way, joint driveways, sewer rights, rights in walls, building restrictions or other restrictive covenants or a lease whereby rents or profits are reserved to the owner.