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200001503
<br />(e) payment of reasonable attorneys' fees, court costs
<br />and expenses incurred by Lender in connection with the
<br />exercise of its rights, powers and authority hereunder; and
<br />(f) payment of any indebtedness or liability of
<br />Borrower to Lender or its assigns, whether absolute or
<br />contingent, and no matter when it shall arise.
<br />7. The collection of Rents or exercise of any of the
<br />foregoing rights shall not be deemed or construed to constitute
<br />Lender as a mortgagee in possession of the Real Property or to
<br />obligate Lender to take any action hereunder, to incur expenses
<br />or to perform or discharge any obligation, duty, or liability
<br />hereunder or under the Leases. Until the loan as evidenced by
<br />the Note, and all indebtedness secured hereby shall have been
<br />paid in full, Borrower will from time to time execute and deliver
<br />unto Lender upon demand any and all writings or documents that
<br />Lender may reasonably deem necessary or desirable to carry out
<br />the purpose and intent hereof, which will enable Lender to
<br />enforce any right or rights hereunder.
<br />8. Borrower agrees to indemnify and hold Lender harmless of
<br />and from any and all liability, loss, or damage which Lender may
<br />incur under the Leases or by reason of this Assignment, and from
<br />any and all claims and demands whatsoever which may be asserted
<br />against Lender by reason of any alleged obligation or undertaking
<br />to be performed or discharged by Lender under the Leases or this
<br />Assignment. Nothing contained in the Trust Deed, the Note, the
<br />Security Agreement, or in this Assignment shall be construed to
<br />bind Lender to the performance of any of the terms and provisions
<br />contained in the Leases, or otherwise to impose any obligation on
<br />Lender, including, without limitation, any liability under the
<br />covenant of quiet enjoyment contained in the Leases in the event
<br />that any tenant shall have been joined as a party defendant in
<br />any action to foreclose the Trust Deed and shall have been barred
<br />and foreclosed thereby of all right, title, and interest and
<br />equity of redemption in the Real Property. Prior to actual entry
<br />and taking possession of the Real Property by Lender, this
<br />Assignment shall not operate to place responsibility for control,
<br />care, management, or repair of the Real Property or Personal
<br />Property upon Lender, nor for the carrying out of any of the
<br />terms and provisions of said Leases. Should Lender incur any
<br />liability mentioned in this paragraph, or loss or damage under
<br />the Leases or under or by reason of this Assignment, or in
<br />defense of any such claims or demands, the Borrower shall
<br />immediately upon demand reimburse Lender for the amount thereof,
<br />including costs and expenses and reasonable attorney's fees, and
<br />Lender may retain possession and collect the Rents and, from time
<br />to time, apply them in or toward satisfaction of or reimbursement
<br />for said loss or damage.
<br />9. Borrower hereby covenants, represents, warrants, and
<br />agrees that:
<br />a. Borrower has the right, power, and capacity to
<br />make this Assignment and no person, firm, or
<br />corporation other than Borrower has or will have
<br />any right, title, or interest in or to the Leases
<br />or the Rents.
<br />b. Borrower will, at Borrower's sole cost and
<br />expense, perform and discharge all of the
<br />obligations and undertakings of the landlord under
<br />the Leases. Borrower will use all reasonable
<br />efforts to enforce or secure the performance of
<br />each and every obligation and undertaking of the
<br />tenants under the Leases and will appear in and
<br />prosecute or defend any action or proceeding
<br />arising under, or in any manner connected with,
<br />the Leases or the obligations and undertakings of
<br />the tenants thereunder. Lender may (but shall not
<br />be obligated to) take any action Lender deems
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