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23. Escrow Deposits. Upon Lender's request, after the occurrence of an Event of Default, and without limiting the effect of Sections 4 and 5 hereof, the Lender may require that the Borrower pay to the Lender on the first business day of each calendar month an amount equal to one - twelfth (1 /12th) of what the Lender reasonably estimates is necessary to pay, on an annualized basis, (1) all Taxes for the current year, and (2) all premiums for the insurance policies required pursuant to the Loan Agreement for the current year ( "Premiums ") and to enable the Lender to pay same at least fifteen (15) days before the Taxes would become delinquent and the Premiums are due, and, on demand, from time to time shall pay to the Lender additional sums necessary to pay the Premiums and Taxes for the current year. No amounts so paid shall be deemed to be trust funds, but may be commingled with the general funds of the Lender, and no interest shall be payable thereon but, prior to the occurrence of an Event of Default such amounts shall be applied by Lender toward the payment of such Taxes or Premiums when statements therefor are presented to Lender by Borrower. In the event that the Borrower does not pay such sums for Premiums and Taxes, then the Lender may, but shall not be obligated to, pay such Premiums and Taxes and any money so paid by the Lender shall constitute additional Debt hereunder and shall be payable by Borrower to Lender on demand with interest thereon from the date of disbursement by Lender at the Default Rate until repaid to Lender. If an Event of Default occurs, the Lender shall have the right, at its election, to apply any amounts so held under this Section against all or any part of the Debt, or in payment of the Premiums or Taxes for which the amounts were deposited. The Borrower will furnish to the Lender bills for Taxes and Premiums not less than thirty (30) days before Taxes become delinquent and such Premiums become due. 24. Assignment of Leases and Other Agreements Affecting the Mortgaged Property. In order to further secure payment of the Debt and the observance, performance and discharge of the Borrower's obligations under the Loan Documents, the Borrower hereby assigns to the Lender all of the Borrower's right, title, interest and estate in, to and under all of the Leases and in and to all of the Rents and Profits (defined as all rents, income, issues and profits arising from any Leases, or other agreements affecting the use, enjoyment or occupancy of the Mortgaged Property now or hereafter made affecting the Mortgaged Property or any portion thereof), as more particularly described in that certain Assignment of Leases and Rents dated as of even herewith from Borrower to and for the benefit of Lender. Unless and until an Event of Default occurs, the Borrower shall be entitled to collect the Rents and Profits (except as otherwise provided in this Mortgage) as and when they become due and payable. Neither these assignments nor Lender's enforcement of the provisions of these assignments (including the receipt of the Rents) will operate to subordinate the lien of this Mortgage to any of the rights of any tenant of all or any part of the Mortgaged Property, or to subject Lender to any liability to 51668048.5 25 201508663 interest limitations and is an exempted transaction under the Truth in Lending Act, 15 U.S.C. Section 1601 et seq. (b) All rights, remedies and powers provided by this Mortgage may be exercised only to the extent that the exercise thereof does not violate any applicable provisions of law, and all the provisions of this Mortgage are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Mortgage invalid or unenforceable under the provisions of any applicable law.