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2� 1 ��439 (e) �perato� acknowlec�ges and agrees that the exercise by 5ecured Pa�ty, either directly�r by �ts designe�, �f any af the rights conferred und�r this Agreer�ent sha�l not be construed to make Secured Party a lenc�er-ir�-possess�on of the Hea�thcare Facility s� long as, and to the ext�nt, Secur�d Par�y, or an authorized agent of Secured Party, has not entered int� aCtuai possess�on o�`th� Healt�car� Facility. The acceptance by Secured Party of the ass�gnment of the Leas�s ar�d Rents shal� not at any time or in any event obligate Secured Party t�take any action under this Agreement or ta expend any mon�y or t� incur any expenses. S�cure�Party sha�l not be liable in any way for any ir�j ury or damage ta pers�n or proper�y sustain�d by ar�y Person or Persons, firm or��rp�ration in or abaut the Healthcare Fac�lity un�ess Secured Party is a iender-in-�ossession. Prior t� Secured Part�'s actual entry into and tak�ng p�ssess��n of the Healthcar� Facility, Secured Party shall not �1} be obligated t� perform any of the terms, covenants and conditians contained in any Lease �or otherwise have any obligation with respe�t to any Lease�; (2� be �bligated to appear in or defend any acti�n�r proceeding relating to the Lease or the Healthcare Faci�ity; �r�3} be resp�nsib�e for the operation, control, care, management or repa�r of the H�a�thcare Faci�ity or any portion of the Hea�thcare Faci�ity. The executi�n of th�s Agreement by�perator shall con�titute c�nclusive evidence that a11 responsib�l�ty for the operation, contra�, care, management and repair of the Healthcare Facility is and shai� be that of�perator, prior to such actua� entry and taking of passession. (�} Upan delivery af Notice by Secured Party to �perator of Secured Party's exercise of Secured Party's rights under this Agreement at any time after the occurrence af an Event of Default, and w�th�ut the necessity of Secured Par�y ent�ring upon and taking and maxntaining contr�� of the Health�are Fa�ility d�r�ctly, by a rec�iver, or by any�ther manner�r pr�ceeding permitt�d by the �aws af th� app��cab�e jurisdiction, Secured Party immediately shaii have a�l rights, powers and authority granted to �perator under any Lease, inc�uding the right, povver and authority to modify the terms af any such Lease, or extend ar t�rminate any such Lease. (g� This d�cument may be executed in counterparts. [signatur�s �n foll�wing pages� Previous�ersions obsolete Page 4 of� �orm H U D-92323-�RGF [�612D'I 4}