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201903153 the Mortgage, the Loan Agreement, or under any Other Security Instrument or hereunder, or invalidate any act done pursuant to such Event of Default or notice of default. The Lender may, without entering into possession or pursuing any other remedy as provided in this section or at law or in equity, or in conjunction with such possession or pursuit of other remedy, give notice to any or all Lessees authorizing and directing said Lessees to pay Rentals directly to the Lender. If a Lessee receives such a notice, the Borrower hereby directs such Lessee to make payment pursuant thereto, and it shall be conclusively presumed, as between the Borrower and such Lessee, that the Lessee is obligated and entitled to make such payment to the Lender, and that such payment constitutes payment of Rentals under the Lease in question. Such notice may be given either in the Lender's or in the Borrower's name. The Borrower shall in every way facilitate the payment of Rentals to the Lender when the Lender has the right to receive the same hereunder. The Lender shall be accountable only for Rentals actually delivered to Lender in good funds collected hereunder and not for the rental value of the Mortgaged Premises and shall have no obligation to credit to Borrower any amounts other than those actually collected in good funds. The Lender shall not be liable for any security deposit made by any Lessee unless and until the Lender comes into actual, physical possession and control thereof. Failure of the Lender to collect, or discontinuance by the Lender from collecting, at any time, and from time to time, any Rentals, shall not in any manner affect the rights of the Lender to thereafter collect the same. Notwithstanding anything to the contrary in this Assignment, to the extent that the default, foreclosure or receiver provisions of this Assignment shall contradict those contained within the Mortgage, the Mortgage shall control, except that under all circumstances this Assignment shall be construed to be present, absolute, effective, irrevocable and complete. 3. Additional Rights of Lender. The Lender shall have the right, under this Assignment, to take possession of and use, subject to the terms of the Leases, without rental or charge, any fixtures, equipment, furniture, appliances, personal property, books of account and records of the Borrower or its agents located in or constituting a part of the Mortgaged Premises in connection with the Lender's occupancy, management and operation of the Mortgaged Premises. The Lender shall be deemed to be the creditor of any Lessee in respect of any assignment for the benefit of creditors and any bankruptcy, arrangement, reorganization, insolvency, dissolution, receivership or other debtor -relief proceeding affecting such Lessee; provided, however, that the Lender shall not be obligated to file timely claims in such proceedings or to otherwise pursue any creditor's rights therein. 4. Lender Not a Partner. The Lender shall not be deemed to be a partner of, or a joint venturer with, the Borrower with respect to the Mortgaged Premises or to be a participant of any kind in the management or operation of the Mortgaged 6