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��14��135 applicable jurisdictions, then the Rents �including the Government Payments to the maximum extent naw or h�reafter permitted l�y applicable la�v) sha�l be ir�cluded as a part of the Collateral and it is the intent�on of Master Tenant that in this circumstance this Agreement create and perfect a �ien nr� the Rents in fa�or of Secured Par�y, which lien shall be effective as of the date of this Agreement, pro�ided, however, that to the extent Master Tenant may ha�e granted an assignment or security interest to Secured Party in any o�the [�ther Sub�eases in c�nnection with any of the �ther FHA-insured Loans prior to the execution of this Agreement�to the ful�est extent perm�tted by applicable �aw w�th respect to the Healthcare Assets}; nothing ir� this Agreement is intended to nullify, �oid, amend, modify, delay the effectiveness, affect the priority, or otherwise affect any such assignment ar grant of security int�rest. �c} Mast�r Tenant shall ha�e the right, p�wer and authority to collect Rents as such rights are Iimited or aff�cted by th� terms nf the Laan Docum�nts, Master Lease Documents, and "Program �bligations" �as defined in the Security Instrument�. Upon the accurrenc� and continuance of an E�ent of Default and notice by the Secured Party, subject to applicable law with respect to G�vernment Fayments and Accounts, the permission giv�n� ta Master Tenant pursuant to the pre�eding sentence to exercise its rights, power and authority under Leases shal� terminate and Secured Party may e�erc i se its r�ghts, pawer and autharity und�r the L�ases, in wh�le ar in part, as specified by Secured Party in �ts notice (subject ta Secured Party taking su�h enforcement acti�n as may be requ�red by applicabl� law as a conditi�n for enfor��ment of an assignment of rents or leases}. Master Tenant agrees to comply w�th and ohser�e Master Tenant's ab�igatians und�r all Leases, including Master Tenant's obligations, if any, pertaining ta the maint�nance and disposition af security deposits, both before and after any such terminatiofl of th� Master Tenant'S�'l�ht5. � � �d� Mast�r Tenant �.ckn�w�edges and agrees that the e�ercise by Secured Party, either directly ar �y its designee, �f any �f the rights �onferred under this assignment shall not be construed to make Secured Party a mortgagee-in.-�possession �f the Healthcare Fac�lity�� ong as, and to the extent, Secured Party, or an auth�rized agent�f Secured Party, has not entered into actual possessian of the Heaithcar� Facility. The ac�eptan�e by Secured Party af the assignment of the Leases and Rents shall not at any time or in any event obligate Secured Party to take any action under this Agreement ar to expend any money ar ta incur any expenses. Secured Party shall not be �iab�e in any way for any injury or damage to persan or prapet-�y sustained by any person or p�rsons, firm �r carp�rati�n in or about the H�althcare Fa�ility unless Secured Party is a martgag�e-in-possession. Prior to Secured Party's actual entry into and taking p�ssessi�n �f the Healthcare Facil�ty, Secured Party shall nat �1� be obligated ta perf�rm any of the terms, covenants and conditions contained in any Lease (or otherwise have any ol�ligatiar� with respect to ar�y Lease�; �2} be obligated to appear in or d�fend any action or pro�eeding relatin� to th� Leases or the Healthcare Faci�ity; �r �3� be resp�n�ible for the operati�n, contr�l, care, management or repair of the Healthcare Facility or any porti�n af the Healthcare Facility. The execution of this Agreement by Master Tenant shall constitute conclusive e�idence that all r�sponsibility for the operation, cantro�, care, management and repair of the Healthcar� Facility is and shall be that of Master Tenant, prior ta such actual entry and taking af possessian. (�} Upon de�i�ery of notice by Secured Party to Master Tenant of Secured Party's exercis� of Secured Party's rights under this Agre�ment at any time after the accurrence Previous�ersions obsvlete Page 5 of 2� form HUD-92340-�RCF�Re�. �3113}