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<br />89--m. 10 0 517
<br />demands, the amount of such liability, loss, damage,
<br />cost, expense, and attorneys' fees, shall be secured by
<br />this Assignment and the Loan Documents, and Borrower
<br />shall pay the same to Lender upon, demand by Lender..
<br />Upon failure of Borrower to so pay Lender, Lender may,
<br />at Lender!& option, declare all sums secured by this
<br />Assignment and the Loan Documents i,tm ediately due and
<br />payable.
<br />It is further understood that this Assignment shall not
<br />operate to place responsibility for the control, care,
<br />management or repair of the Property upon Lender, nor
<br />for the carrying out of any of the terms and conditions
<br />of the Leases; nor shall it operate to make lender
<br />responsible or liable for any waste committed on 6he
<br />Property by the lessees or any other parties, or for
<br />any dangerous or defective condition of the Property,
<br />or for any negligence in the management, upkeep, repair,
<br />or control of the Property resulting in lose or in jug,.
<br />or death of any lessee, licensee, employee, invitee or
<br />other person.
<br />S.
<br />Foreclosure.
<br />Upon issuance of deed or deeds pursuant to any judicial
<br />or non - judicial foreclosure of the Deed of Trust, all
<br />right, title and interest of Borrower in and to the
<br />Leases shall, by virtue of this Assignment, vest in and '
<br />become the absolute property of the-grantee or grantees
<br />of such deed. or deeds without any further act of '
<br />assignment' Aay Borrower. Borrower hereby irrevocably
<br />appoints tender, and its successor' and assigns, as its
<br />attorney in fact, to execute all instruments of
<br />assignment or further assurance in favor of such
<br />grantee or:gaantees of such deed or deeds, as may be
<br />necessary or desirable for such purpose.
<br />Nothing contained in this Assignment shall prevent :.
<br />Lender from terminating any subordinate Lease through.
<br />such foreclo.dure, subj ect to any written agreement how
<br />or hereafter made by Lender in Lender's discretion to
<br />recognize-:the rights of any lessee if such lessee is
<br />not in default under its Lease.
<br />9.
<br />Loan Docgments.
<br />This .Assignment is supplementary to, and not. in
<br />substftution,vr derogation of, any".of the provisions of
<br />the Loan Documents. To the extent of this Assignment
<br />is inconsistent with the provisions of the Loan
<br />Documents, the Loan Documents shall control; and in'
<br />particular, to the extent that- this Assignment is
<br />inconsistent with the terms of the Deed of Trust, the
<br />Deed of Trust shall control. Lender may enforce any of
<br />the provisions of this Assignment prior to
<br />simultaneously with, or subsequent to any of the rights
<br />or remedies under the Loan Documents.
<br />10.
<br />Notices,
<br />All notices to be given under this Assignment shall be
<br />deemed served upon deposit in the�United States Postal _
<br />Service certified mail, postage prepaid, addressed to '
<br />the parties at the addresses appearing on page to of
<br />this Assignment. Such .addresses may be changed by
<br />.
<br />notice given in the same manner.
<br />If any legal action or proceeding is brought by either
<br />Borrower or Lender in order to enforce or construe a
<br />provision of this Assignment, the unsuccessful party in
<br />such action or proceeding, whether such action or
<br />proceeding is settled or prosecuted to final judgment,
<br />shall pay all of the attorneys' fees and costs incurred °
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