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89-100517
<br />i'" (e) Proceeds.
<br />( Lender shall have the right to apply such
<br />rents, income and profits received to the
<br />payment of any of the following in such
<br />amounts and in such order as Lender shall
<br />deem appropriate:
<br />(i) the indebtedness secured by this
<br />Asaigl�M0nt and by . the Loan
<br />D06Tents,.. tPgether with all costs
<br />and attorneys' fees, in sum order
<br />or pri oirity as Lender, in Lender 0 s
<br />sole discretion, may determine, any
<br />statute, law, custom or use to the
<br />contrary nothwithstanding;
<br />all expenses of managing the
<br />Property, including without
<br />limstation, - * salaries, fees and
<br />wagers of a managing agent and such
<br />other employees as Lender any deem
<br />necessary or desirable, and all
<br />expenses of operating and
<br />maintaining the Property, including
<br />without limitation, all taxes,
<br />charges, claims, assessments, water
<br />rents, sewer rents, any other
<br />liens, premiums for all insurance
<br />`
<br />which Lender may deem necessary or
<br />_ -_' desirables, the cost of all
<br />alterations, renovations, repairs
<br />-_
<br />or replacements, and all expenses
<br />incident to taking and retaining
<br />possession of the Property.
<br />(fj Relationshjg, ="
<br />Nothing cont ained :,Tin this Assignment shall be
<br />construed as constituting Lender as trustee
<br />or, mortgagee in Possession".
<br />.7. Exculuaiian.
<br />Lender shall not directly or indirectly be liable to
<br />Barrower 'person
<br />or any.. other as a consequence of the
<br />exercise of the.
<br />;
<br />powers granted to Lender in this
<br />Assignment, or as a result of Lender's exercise 'of`.,,
<br />Lender's rights in the event of a default, and no
<br />liability shall be asserted
<br />#:
<br />or enforced against Lender,
<br />all such liability being expressly waived and released
<br />by Borrower, and Borrower indemnifies Lender and holds
<br />Lender harmless against all
<br />such liability.
<br />Lender shall not be obligated to perform or discharge
<br />any obligation, duty, or liability of Borrower
<br />under
<br />the Leases, or by reason of this Assignment. Borrower
<br />hereby indemnifies
<br />and holds Lender harmless from and
<br />against any and all liability, loss, damage, cost or
<br />expense (including attorneys' fees) which Lender might
<br />incur
<br />or suffer under.. the Leases or by reason of this
<br />Assignment, and and from
<br />.:.-af.' any and all claims and
<br />demands whatsoever which may be asserted against Lender
<br />i
<br />by reason, of any, alleged obligation or undertaking 'on
<br />Lender's part td perform or discharge any
<br />a.
<br />of the term,
<br />covenants or agpeements.contained.fn"any of the Leases.
<br />Lender shall
<br />not be liable .f (6r aiy loss sustained 'by
<br />Borrower or any third .party resulting from Lender's
<br />'
<br />L
<br />failure to lease the Property after a default or from
<br />any other act or omission
<br />of Lender in managing the
<br />Property after default. Should Lender incur or suffer
<br />any liability, loss, damage, cost or expense (including
<br />attorneys' fees) under the
<br />Leases or by reason of this
<br />Assignment, or in the defense of any such claims
<br />or
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