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��15�45�7 �b� If there shal� be filed by �r against Borro�er a petition under the Bankruptcy ��dc, and Borrav�er, as lessor und�r any Lease, sha11 determin�t� reject such Lease pursuant to Section 355�a� of the Ban.i�ruptcy Code, then Barrower shall give Lender not less than ten �1�� days' pr�or n�tice of the date on whi�h Barrower shall appl� to the bankruptc� caurt for auth�rity to reject the Lease. Lender shall have the right, but not the obligation, to serve upon Borrov�er �vithin such ten-day period a notice stating that �i� Lender demands that Barro�ver assume and assi�n the L�ase t� Lend�r pursuant to Sectian 3�5 of the Bankruptcy Gode and �ii� Lender co�enants to �ure ar pravide adequate assurance af future perfarmance under the Lease. If Lender serves up�n Borrovver the nat�ce described in the preceding sentence, Borrovver shall nat see� t� rej ect the Lease and shall cornply with the demand pro�id�d for in clause �i� of the preceding sent�n�e within thirty [30� days after the notice sha��have been gi��n, subj e�t to the perf�rma.nce by Lender af the covenant provided f�r in c�ause �ii� of the�reced�ng sentence. ARTI�LE 4 -l��LIABILITY,FURTHER ASSURA.NCES Section 4.1 No Liability of Lender. This Assignment shall not be construed t�bind Lend�r to the perfarmance of any of th� covenants, conditians or pravisions c�ntained in any Lease or L�ase Guaranty or �th�rwise impose any obl�gation upon Lender. Lender shall nat be �iable far ax�.y Iass sustained by Barro�er resulting from Lender's failure to Iet the Pra��rty after an Event af Default or from any other act or omzssion af Lender in managing the Property after an Event of Default unless such Ioss is caused by the �villful rnisconduct or bad faith of Lender. Lender sha�I not be obl�gated ta perform ar dischaxge any vbligatian, duty or lrability under the Leases or any Lease �`ruaranties or under or by reason of this Assignment and Borr�wer shal�, and hereby agrees to, indemnif� Lender f�r, and to hold Lend�r harmless frarn, any and all �iabilityy lass or damage whi�h may or might be incurred under the Leases, any Leas� Guaxanties or under �r b� reason af this Assignm�nt and fr�m any and all claims and dernands whatsae�er, including the defense af any su�h claims ar demands which may be asserted against Lender by reason of any alleged abligatians and undertakings an its parE ta perform or dis�haxge any of the terms, covenants or agreem�nts contained �n the Leases or any Lease Guarant�es. Sh�uld Lender incur any such liab�lity, the amount ther�af, including costs7 expenses and reasonable attarne�s' fees, shall be secured by this Assignment and the other Laan Dacuments an�Borrower shal�reimburse Lender therefor irnm�diatel�upon d�mand and upon the failure of Barrovver so to do I.er�der may, at its opt�on, dec�are a�l sums secured by th�s Assi�nment and th� other Loan Documents irnmediately due and payable. This Assigr�ment sha11 r��t operate to place any �bli�ati�n ar liabilrty for the c�ntr��, care, management or repair of the Praper�y upon Lender, nor far the carrying out of any af the terms and �onditi�ns �f the Leases or any Lease Guaranties; nor shall�t aperate t� rnake Lender responsible or liab�e for any waste committed an the Property by the tenants or any other partxes, or f�r any dangerous or defective conditinn of the Property including,�w�thout limitation,the presence of any Hazardous Substanc�s �as defin.ed in the Env�ranmenta� Indernnity�, or far any ne�ligenc� in the management, upkee�, repair or control af the Praperty resulting in loss or injury or death to any tenant, licensee, em�layee or stranger. Section 4.� No Mort a ee in Possession. Nothing h�rein cantained sha1Z be cvnstrued as constitut�ng Lender a "mortgagee in poss�ssion" in the absence of the taking of -�- 79582.�00066 EMF C]S SG28875Dv1