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200102662 SECTION 7 7.0 ATTORNEY IN FACT. Assignor hereby irrevocably appoints Lender and its successors and assigns as its agent and attorney -in -fact, which appointment is coupled with an interest, to exercise any rights or remedies hereunder and to execute and deliver during the term of this Assignment such instruments as Lender may deem necessary to make this Assignment and any further assignment effective, including, without limiting the generality of the foregoing, the right to endorse on behalf and in the name of Assignor all payments of Rents that are made payable to Assignor. SECTION 8 8.0 MISCELLANEOUS. 8.1 Mortgagee in Possession. Nothing herein contained and no actions taken pursuant to this Assignment shall be construed as constituting Lender a mortgagee in possession. 8.2 Security Deposit. Assignor acknowledges and agrees that the Rents absolutely and presently assigned to Lender include any and all security deposits held by Assignor under the terms of the Leases. Assignor may hold such security deposits pursuant to the revocable license granted herein unless and until an event of Default hereunder, at which time any and all such security deposits shall be paid directly to Lender. 8.3 Payment of Obligations. Upon payment in full of the Obligations secured hereby and by the Loan Documents, this Assignment shall become and be void and of no effect; provided, however, that the affidavit, certificate, letter or statement of any officer, agent or attorney of the Lender showing any part of said Obligations remaining unsatisfied shall constitute conclusive evidence of the validity, effectiveness and continuing force of this Assignment, and any person or entity may, and is hereby authorized to, rely thereon. The rights and powers ofLender hereunder shall continue and remain in full force and effect until all Obligations, including any deficiency remaining from a foreclosure sale, are satisfied in full, and shall continue after commencement of foreclosure action and a foreclosure sale and until expiration of any period of redemption if Lender is the purchaser at such sale. 8.4 Successors and Assigns. This Assignment, and each and every covenant, agreement and provision hereof, shall be binding upon Assignor and Assignor's successors and assigns and shall inure to the benefit of the Lender and its successors and assigns. As used herein, the words "successors and assigns" shall be deemed to mean the heirs, executors, representatives and administrators of any natural person who is a party to this Assignment and the assigns or successor in interest of any other entity who is a party to this Assignment. 8.5 Controlling Documents. In case of any conflict between the terms of this instrument and the terms of the Mortgage with respect to the assignment of Leases, Rents, and 1048116.2 9