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89.101935
<br />force and with or without process of law, enter upon and take and
<br />maintain possession of all or,any part-of the Premises, together
<br />with all the documents, books, records,.aceounts and,.papers of the
<br />undersigned, or the then.owner of the Premises, together with all
<br />the documents, books, records, accounts and papers of the
<br />undersigned, or the theta owner of the Premises relating thereto,
<br />and may exclude the undersigned, its agents or servants, wholly
<br />therefrom and may as attorney :in fact or agent of the undersigned,
<br />or in its own name as Beneficiary and under the powers herein
<br />granted, hold, operate, manage and control the Premises and conduct
<br />the business if any, thereof, either personally or by its agents,
<br />with full power to use such measures, legal or equitable, as in its
<br />discretion, or in the discretion of its successors or.assigns, may
<br />be deemed proper or necessary to'enforce payment of the avails-
<br />rents, revenues, issues and profits of the Premises; including-
<br />actions for the recovery of rent, and actions os ' unlasful de�inqr , :
<br />hereby granting full power and authority to exercise - .Bash any ev rf
<br />of: .the rights, privileges .,And powers herein gra=t44 At ' any a*t.A ,01.`l
<br />tii r s hereafter, without, notice to the undersi9r.6d, and with 411
<br />-power to. cancel or'terminate any lease or sublease for any oduse or
<br />on any ground which wculd,:entitle undersigned to cancel: the same,
<br />to elect to disaffirm any lease or sublease made subsequent to the
<br />aforesaid Deed of.' .-rust or subordinated to the lien thereof,. to
<br />make all necessary or proper repairs, renewals replacements'
<br />alterations., additions, betterments and improve -ments to ther.
<br />Premises that may seem judicious, in its discretion, insure and
<br />reitxsure the same for all risks incidental to Beneficiary's
<br />possession, operation and management thereof and to receive all
<br />such avails, rents, revenues, issues and profits.
<br />Beneficiary shall not be obligated to perform or discharge,
<br />nor does it hereby undertake to perform or discharge, any
<br />obligation, duty or liability under any leases or rental agreements
<br />relating to the Premises, and the undersigned shall, and does
<br />hereby, agree to indemnify and hold Beneficiary harmless of and
<br />from any and all liability, loss or da=.age which Beneficiary may or
<br />might incur under any 1-g-ases or under or by reason of tile.
<br />assignment thereof and cf'and from any and all crlaims and demands
<br />whatsoever which may be asserted against Beneficiary by reason of
<br />any alleged obligations er undertakings on its part to be performed
<br />or the discharge of any of the terms, covenants or agreements
<br />contained in said leases. Should Beneficiary incur any liability,
<br />loss or damage under said leases or under or by reason of the
<br />assignment thereof, or in the defense of any claims or demands, the
<br />undersigned agrees to reimburse Beneficiary for the amcunt thereof,
<br />including costs, expenses and reasonable attorneys' fees,
<br />i=.ediately upon demand.
<br />Beneficiary, in the exercise of the rights and goners
<br />conferred upon it by this Assignment of Leases. and Rents, shall
<br />have full power to use and apply the avails, rents, revenues,
<br />issues and profits of the Premises to the payrent of or on'account
<br />of the following, in such order as Beneficiary may determine:
<br />(a) To the payment of the operating expenses of the Premises,
<br />including the cost of management and leasing thereof
<br />(which shall include reasonable compensation to
<br />Beneficiary and its agent or agents, if management be
<br />delegated to an agent or agents, and it shall also
<br />include lease commissions and other compensation and
<br />reimbursement of expenses in seeking and procuring
<br />tenants and entering into leases), established claims for
<br />damages, if any, and premiums for insurance;
<br />(b) To the payment of taxes and special assessments now due
<br />or which may hereafter become due on the Premises;
<br />L(c) To the payment of all repairs, renewals, replacements,
<br />alterations, additions or betterments and improvements of
<br />D: \LOANDOC \HEALTH.ASN
<br />April 10, 1989
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