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