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2� 15�8�58 M�rtgage, under the Loan Agreement, ar under any�ther S ecurity Instrumen�, at lavv, in equ�ty or under statute novW andlor at the t�me of e�ercise thereof, e��n though such rights and remedies w�re not availabl�on the date first abo�e written, ar�d all such r�gh�s and remedies may be exercised at any tim� and from time to time concurrently, separately, successively and in any order of preference, at the Lender's sole discretion. S. Successors and Assi ns. The�avenants and agreements herein conta�ned shal� bind, and th� rights hereunder sha�l inure to, the respective heirs, executors, administrators, pers�nal representat�ves, Iegal representati�es, successors and permitt�d assigns of the Borrower and the Lender; provided, howev�r, that nothzng in this section is intended to be or shall be�onstrued as a waiver of the rights of�he Lend�r under the Mor�gage. 9. Resor� to Remedies. All rights and remed�es here�n conferred may be exercised whether or not forecl�sure proceedings are pending under the Mortga�e. The L�nder sha11 not be required to resort first to the rights under thi s As signment or o f the Mortgage before resar�ing ta �he ri ghts o f the other, and the Lender may e��rcise th� rights under this Assignm�nt and under the Mor�gage concurrently or independently and in any arder af preference, a11 rights and remedies of the Lender set forth herein, in the Note, in the Mortgag e, in the Lo an Agreement, in the�ther S ecur�ty Instruments, at law, in equity, under statute and by contract being �umulative. No failure by the Lender �o avail itself of any of the terms, covenants or conditions of this Assignment for any period of time shal� be deem�d ta constitute a wa�ver thereof. The Lender shall have the right to assign the Borrower's rights, title and interests in, to and under any Leases and in and tio the R�ntals to any other or subsequent hold�rs of the Note or any participant therein, or to any person, par�y or enti�y which acquires title to the Mortgaged Premises through forec�osure_or otherwise, and any such assignees sha11 ha�e al� of the righ�s, remedi�s and powers pr�vided to the Lender herein. A�I words and phrases us�d herein shall be construed t� include�he sir�gular or plural number and the masculine, feminine or neuter gender, as may be appropria�e under the circumstances. 1�. Defined Terms. All capitalized terms not�therwise defined in this Assignrnent shall have the meanings given to them in the Loan Agreement. 1�. Notic�s. Ar�y notice demand, c�nsent, approval, request, or other communication or document required or perm�tted to be given by a par�y hereto to another party shall be deemed to have been given when �i} delivered personaliy �With written confirmation of re�eipt}; (ii� s�nt by te�efacs�mile t� a fa� number as designa��d in writing by the party to wham the communicatian is addressed �tivith written canfirmation of rece�pt�, provided that a confirmation c�py also is promptly mailed by certif ed mail, return re�eipt 8