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��14��14� Leas�s, including �peratar's right, power and authority to modify the terms �f any such Lease, or extend nr term inate any such Lease. Th is Agreement creates and perfe�ts a 1 i�n on the Leases in favor of Secured Party, which lien shall be �ffecti�e as of the date of this Agr�ement. (�) �perator abs�lutely and uncanditiona�ly assigns and transf�rs to Secured Party all of�perator's rights,title and interest in and to the Rents. It is the intention �f�perator ta establish a present, absolute and irre�ocable transfer and assignment to Secured Par�y�f a11 of �peratar's right, title and interest in and to the R�nts. �perator and Secured Party intend this assignment of the Leas�s and Rents t� he immediately effecti�e and t� cnnstitute an absolute present assignment and not an assignment f�r additiona� securi�y only. For purposes of this absolute assignment, the term "R�nts" shall nat be deemed to include �o�ernment Payments t� the extent and for so long as assignment of such payments or recei�ables is prohib�ted by applicable law. If this present, absolute and unconditianal assignment of the Ret�ts 15 not enforceable by its terms under the laws of the applicable jurisdiction, then the Rents �including the Governm�nt Payments to the maximum ext�nt navv �r hereafter permitted by applicable law}shall be incl�ded as a part of the collateral and it is the intenti�n of�perator that in this circumstance this Agreement create and perf�Gt a lien on the Leases and Rents in fav�r of Secured Party, vvhich Iien sha�� be effe�tive as af the date of this Agreement, ta the fullest extent permitted by appli�abte law with respe�t ta the �ealthcare Assets. �d} �perator shall have th� right, power and authority to c�llect Rents, as such rights are limited or affected by the terms of the Loan Documents and Program �bligations. Upon th� occurrence and continuance of an E�ent of Defau�t, subject to applicable law with respect to Go�ernment Payments and Accounts, Secured Party may, upon gi�ing Not�ce,terminate the permissinn gi�en to �perat�r ta collect the Rents �including those past due and unpaid and thos� that accrue th�reafter} and Secured Party may exercis� its rights, power and authority under the L�ases, in whole ar in par�, as specifi�d by Secured Party in its Notice �subject to Secured Party taking such enforcem�nt action as may be required by applicable �aw as a condition for�nf�rcement�f an assignment�f rents ar�eases�. In any e�ent,the perm�ssion gi�en to �perator shal� terminate upon the �i} for�closure of the Barr�wer's Security Instrument; �ii� appointment of a recei�er for the Healthcare Facility; or �iv� the taking of actual possession by Secured Party, its successors or assigr�s or nominees. �perator hereby agr�es that Secured Party is entitled to the appointment of a receiver far the Hea�thcare Facility upan the occurrence of an E�ent of Default hereund�r. �perator agrees to comply w�th and a�ser�e �peratar's . obligati�ns under all Leases, inc�uding �p�ratar's obligations, if any, pertaining to the maintenance and disposition of security deposits, both pri�r to and after any such termi�ation of �perator's ri ghts. . �e� �peratar ackr�owl�dges and agrees that the exercise by Secured Party, eith�r directly or by its designee, of any of the rights conferred under this assignment shall not be construed to make Secured Party a lender-in-possession of the Healthcare Facility s� l�ng as, and to the ext�nt, Secured Party, or an authorized agent of Secured Party, has not entered into actual passession of the Healthcar� Facility. The a�ceptan�� by Secured Party of the assignment of the Leases and Rents sha11 not at any time or in any e�ent obligate Secured Party to take any acti�n under this Agreement or to expend any money or t� incur any expenses. Secured Party shall n�t be Iiabie in any way for any injury or damage to person or property sustained by any Persan or Persons, f rm or carporatian in or about the Healthcare Facility unless Secur�d Party -3-