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��15�4584 �b� If there shall be f�led by or against Barrovver a petition under the Bankrupt�y �ode, and Borrower, as I�ssar under any Leas�, shall deterrnine t� reject such Lease pursuant to S�cti�n 365�a� af the Bankruptcy �ade, then Borrower sha1� give Lender not less than ten �1�} days' prior natice af the date on wh�ch B�rrawer sha�l apply ta the banl�rupt�y �ourt far authority to reject the Lease. Lender shall have the right, �ut not the ob��ga�xan, t� serve upon Borra�ver within such ten-day periad a n�tice statin� that �i� L�nder demands that B orrov�er as sume and as sign the Lease to Lender pursuant to S ectian 3�� of the Bankruptcy �ade and �ii} Lender cavenants to cure ar pro�id� adequate assurance of future performance und�r the Lease. If Lender serves upan Borrower the notice described in the preceding s�ntenGe, Borravver shall. not seel� ta rej ect the Lease and shall compl� with the demand pravided far ain clause �x� of the preceding sentence w�thin thirty (3�� days after the noti�e shall have been �iven, subj ect to the perfarmar��e by Lender�f the �avenant provided for�n clause �ii} of the preceding sentence. ARTICLE 4-N�LIABILITY,FURTHER ASS CES Sectinn 4.1 l�Ta Liabilitv of Lender. This Ass�gnment shall not be construed to bind Lender to the performance of any of the c�venants, canditions or pr�visions contained in an�Lease �r Lease Guaranty or �therwise �rnpase any obligati�n upon Lender. Lender sha��not he liable for any loss sustained by Borrower resu�txng from Lender's failure to let the Pr�perty after an Event of Default or from any �th�r act ar amission ❑f Lender in managing the PrQperty after an Event af I7efault un�ess such lass is caused by the vvillful misconduct ar bad faith of Lender. Lend�r shall not be obligated ta p�rforrn ar dischaxg� any obligation, dut� ar l�ab�l�ty under the Lease� or any Lease Guaranties or under or by reasan af this Assignment and Barro�rer shall, and hereby agrees to, xndemnif� Lender fora and t� hold Lender haxmless from, any and allliability, loss or damage vvhich may�r might be incurred under the Leases, any Lease Guaranties or under �r b� reasan of this Assignrner�t and from any and all c�aims and demands vvhatsaever, including the defense of any such c�aims or deman�s v�hich may be asserted against Lender by r�ason of any al�eged obli�ations and underta�ings on its part to�erform ar discharge any of the terms, covenants or agreements �ontained in th� Leas�s or any Lease Guaranties. Should Lender incu.r any such liabi�ity, the amount there�f, including �osts, expenses and reas�nable attorneys' fees7 sha�l be secured by this Assignrn�nt and the other Loan Documents and Barrawer sha�l reimbu.rse Lender therefor immediatel�upan demand and upan the failure of Barrower so to do Lender may, at rts option, declare all sums secured l�y this Assignment and the other Laan Documents immediately due and payable. This Assignment shall nat operate to place any abl��ation or liahility for the control, care, mana�ement ar repair af the Pr�perty upon L�nder, nor for the carrying �ut of any of the terms and conditions of the Leases or any Lease �uaranties; nQr shall it operat�t� make Lender respansibie ar�iable for any waste cornrnitted �n the Property �y the tenants �r any other parti�s, or for any dan�eraus �r defect�ive conditian af the Praperty inc�udin�, withaut limitat�on,the presence af any Hazardous Substances (as defined in the Envi.rnnmental Indemnity}, or for any negligence in the management, upkeep, repa�r or contro� af the Praper�� resulting �n �oss or injur� or death to any tenant, liccnsee, emplo�ee or stranger. Section �.2 Na Martga�ee in P�ssessian. Nothing herein contained shall be �onstrued a� �onstituting Lender a "mortgagee in passession" in the absence af the tal�ing of -�- ��Ss�.U00065 EMF LT5 5G288750vI