201508058 - Laserfiche WebLink

Browse

2� 15�8�58 payment �f Rentals under the Leas� in questian. Such natice may be given either in the L�nder's or in the Barrower's name. The :Borravver sha11 in e�ery way facilitate th� paymen� of R�nta�s to the Lender when the L�nder has the right to receive th� same her�under. The Lender sha�l b� a�countable only for Rentals actually de�i�ered to L�nd�r in good funds collected hereunder and not f�r the r�ntal value of the Mor�gaged Premises and shall have no �hligation �o credit ta Borrower any amounts other �han those actually coilected in good funds. The Lender shall not be liable for any security deposit made by any Lessee un�ess and until the Lend�r comes �nto actual, physieal possess�on and control there�f. Failure of the Lender to collect, or d�scontinuance by th� Lender from collecting, at any t�me, and from t�me to time, any Rentals, sha11 not in any mann�r affect the r�ghts of the Lender ta thereafter colle�t the same. Notwiths�anding anything to the contrary�n this Assignment, �� the extent �hat the default, foreclasure or receiver provisions of this A55I�I]111�rit sha�l contradict �hose contained w�thin the Mortgage, the Mor�gage sha1� control, except that under all circumstances this Assignment shall be construed to be pr�sent, absolute, �ffective, irrevo�able and camplete. 3. Additional Ri hts of L�nder. The Lender sha�l have the right, under this Assignment, to take possession of and use, subj ect to the t�rms af the Leases, without rentai or charge, any fixtures, equipment, furniture, appl�ances, persona� prop�rty, bo�ks of account and rec�rds of the Borrower or its agents lacated in or constituting a part of the Martgaged Premises in cannection with the Lender's occupancy, mar�agement and operat��n of the Mortgaged Premises. The L�nder shall be deemed to be the credit�r of any Lessee in respect of any assignment for the benefrt of creditors and any barikruptcy, arrangement, reorganization, insolvency, C�1SS�iLl�1�I1, receivership or other debtor-relief proceeding affecting such Lessee; provided, howev�r, �hat th� Lender shall not be obligated to file timely c�aims in such proce�dings �r t� otherwis�pursue any cr�ditor's rights therein. 4. Lender Nat a Partner. The Lender shail nat be deemed to be a partner of, �r a joint �enturer with, the Borrower with re�pect to the Mortgaged Premises or�o be a participant of any kind in the management or operation of the Mortgaged Premises. The L�nder shall not be ob.ligated ta perform or discharge, nor does �t hereby und�rtake to perform or discharge, any obligation, duty or liability under any Lease, or with respect to th� Mortgaged Premises or the inspect�on, maintenance or repa�r �hereof, under �r by reason af this Assignment, and the B�rr�w�r shall and does here�y agree to defend and indemnify the Lender aga�nst, and to hold it harmless from, any and ai1 ��ability, �oss �r damage which the Lend�r may ar might incur under the Leases, by reason of any death, personal injury or property damage o�curring on or about the Mortgaged Premises, or otherwise und�r or by r�ason of this Assignm�nt and aga�nst and from any and a�l claims and demands whatsoever which may be asserted 6