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6. Defaults and Remedies. <br />(e) <br />(i) <br />(i) <br />4 <br />20130030E <br />(a) Definition. "Default" shall mean a default in payment of any of the indebtedness <br />secured by this Assignment or the Loan Documents, after giving effect to any <br />express curative provisions set forth herein or therein or a default in the <br />performance of any obligation, covenant or agreement of Borrower contained in <br />this Assignment or any of the Loan Documents or any of the Leases after giving <br />effect to any express curative provisions set forth herein or therein. <br />(b) Loan Documents. A default under this Assignment shall be a default under each <br />and every one of the Loan Documents. <br />(c) Remedies. In addition to any and all remedies contained in the other Loan <br />Documents, in the event of a Default, Lender shall, and without regard to the <br />adequacy of the security for the indebtedness and obligations secured by this <br />Assignment and by the Loan Documents, either in person or by its agent, and with <br />or without bringing any action or proceeding or obtaining a receiver appointed by <br />a court, and without notice to or demand on Borrower, and without releasing <br />Borrower from any obligations under this Assignment, have the following rights <br />and remedies, each of which shall be exercisable in Lender's sole discretion: <br />to receive directly from the lessees under the Leases all rents, income, <br />liabilities and other amounts arising or accruing under the Leases or from <br />the Property and to so continue until Borrower is otherwise notified by <br />Lender; and <br />(ii) to collect, sue for, settle, compromise and give acquittances for all of the <br />rents and other payments that may become due under the Leases and avail <br />Lender of and pursue all remedies for the enforcement of the Leases as <br />Borrower's rights in and under the Leases as Borrower might have pursued <br />but for this Assignment, all at Borrower's sole cost and expense; and <br />(iii) to take possession of the Property, and to have, hold, manage, lease and <br />operate the same on such terms and for such period of time as Lender may <br />deem proper and, either with or without taking possession of the Property <br />in its own name, make, from time to time, all alterations, renovations, <br />repairs or replacements thereto or thereof as may seem proper to Lender. <br />Nothing set forth in this Section shall be deemed to limit or otherwise alter the <br />rights of Lender at law or in equity in the event of a Default, nor shall Lender be <br />obligated to exercise any of its rights in this Section. <br />(d) Notice. Lessees under the Leases are hereby irrevocably authorized and notified <br />by Borrower to rely upon and comply with (and shall be fully protected in so <br />doing) any notice or demand by Lender for the payment to Lender of any rental or <br />other sums which may be, or hereafter become, due under the Leases, or for the <br />performance of any of such lessees' undertakings under the Leases, and such <br />lessees shall have no right or duty to inquire as to whether any Default has <br />actually occurred or is then existing. <br />Proceeds. Lender shall have the right to apply all such rents, income and profits <br />received from the lessees under the Leases to the payment of any of the following <br />in such amounts and in such order as Lender shall deem appropriate in Lender's <br />sole discretion; <br />the indebtedness secured by this Assignment and by the Loan Documents, <br />together with all costs and attorneys' fees of Lender incurred in attempting <br />to enforce Lender's rights hereunder or thereunder, in such order or <br />priority as Lender, in Lender's sole discretion, may determine; any statute, <br />law, or custom to the contrary notwithstanding; <br />(ii) all expenses of managing the Property, including, without limitation, the <br />salaries, fees and wages of a managing agent and such other employees or <br />