201508058 - Laserfiche WebLink

Browse

2� 15�8�58 against the Lender by reason of any alleged obligat�on or undertaking an its part to perform or discharge ar�y of the terms, covenants or agreements �ontained in any Lease, or by reason of any such death, personal injury or property damage. Should the Lender incur any such Iiability, loss or damage under any Lease, by r�ason af any such death, personal �njury or property damage, or under �r by r�ason of th�s Assignment, or as a resulti of �r in defending against any such claims or demands, then the am�unt thereof, including costs, exper�ses and attorneys' fees (including such costs, expenses and fees prior to trial, at trial and on appeal}, together vvith interest thereon at the Default Rate specif�ed in the Note from the date incurred, shal� be se�ured hereby and by �h� Mortgage, and �he Borrower shall reimburse the Lender theref�r imm�diately upon demand. Neither this Assignment, n�r�he exercise by�he Lender of its rights hereunder, sha11 be deemed to cons�itute the Lender a martgagee in possession of the Mortgaged Prem�ses, unl�ss the Lender elects in writing to be s� constituted. Notwithstanding anything herein to the contrary, Borrower sha11 not b� responsi�I� for nor sha1� Borrower be r�quired to indemnify Lender for any li ability, la s s or damage c aused by the gro s s n�gligence, willful misconduct or bad faith of the Lender. 5. Events �f I3efault Under L�an I�ocuments. If any Even� of Default shall occur under the Note, under the Mor�gage, under the Loan Agreement, or under any �ther S�curity Instrument or hereunder �after any notice re�uir�ments or cure p�riod provided in the Loan Documents or mandated by law, if suCh default remains uncured), or if any r�presentatian or warranty made by the Borrovver to the Lender in connection with any �nan �viden�ed by the Note is untrue in any mater�al respe�t, then the Lender may, at i�s opt��n, exer�ise any and all rights available to Lender hereunder, under the Mortgage or the other Laan Documents. All suCh remedies shall be �umulative and the ex�rcise of one sha��not pr�clude or prejudice the exercise of any other. 6. Release U on Pa ent in Full. Upon the recording or filzng of any instrument of sat�sfaction or full release of the Mor�gage executed by Lender, unless there sha�I have b��n record�d another mortgage in favar of the Lender ca�ering a11 �r any portion o f the Mor�gag ed Premi ses, thi s As s�gnment sha11 b ecome and be void and of no further effect. 7. Cons�ruction Accordin to A Ii�able Law. All rights, paw�rs and remedies provided herein may be exerc�sed only to �he extent that the �xercise thereof does nat violate any applicable law, and �hey are intended to be limited to the extent necessary so that they will not render this Assignment invalid, un�nforceable or not entitled t� be recorded, registered or filed under any applicabl� law. If any term af this Assignment shall be held to be invalid, illegal or unenfarceable, the val�dity, legality and enforceabil�ty of the other terms hereof shall be in no way affected thereby. The Lend�r sha1� be entitled to ali rights and remedies availab�e hereunder, under the Note, under the 7