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201903153 Premises. The Lender shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge, any obligation, duty or liability under any Lease, or with respect to the Mortgaged Premises or the inspection, maintenance or repair thereof, under or by reason of this Assignment, and the Borrower shall and does hereby agree to defend and indemnify the Lender against, and to hold it harmless from, any and all liability, loss or damage which the Lender may or might incur under the Leases, by reason of any death, personal injury or property damage occurring on or about the Mortgaged Premises, or otherwise under or by reason of this Assignment and against and from any and all claims and demands whatsoever which may be asserted against the Lender by reason of any alleged obligation or undertaking on its part to perform or discharge any of the terms, covenants or agreements contained in any Lease, or by reason of any such death, personal injury or property damage. Should the Lender incur any such liability, loss or damage under any Lease, by reason of any such death, personal injury or property damage, or under or by reason of this Assignment, or as a result of or in defending against any such claims or demands, then the amount thereof, including costs, expenses and attorneys' fees (including such costs, expenses and fees prior to trial, at trial and on appeal), together with interest thereon at the Default Rate specified in the Note from the date incurred, shall be secured hereby and by the Mortgage, and the Borrower shall reimburse the Lender therefor immediately upon demand. Neither this Assignment, nor the exercise by the Lender of its rights hereunder, shall be deemed to constitute the Lender a mortgagee in possession of the Mortgaged Premises, unless the Lender elects in writing to be so constituted. Notwithstanding anything herein to the contrary, Borrower shall not be responsible for nor shall Borrower be required to indemnify Lender for any liability, loss or damage caused by the gross negligence, willful misconduct or bad faith of the Lender. 5. Events of Default Under Loan Documents. If any Event of Default shall occur under the Note, under the Mortgage, under the Loan Agreement, or under any Other Security Instrument or hereunder (after any notice requirements or cure period provided in the Loan Documents or mandated by law, if such default remains uncured), or if any representation or warranty made by the Borrower to the Lender in connection with any loan evidenced by the Note is untrue in any material respect, then the Lender may, at its option, exercise any and all rights available to Lender hereunder, under the Mortgage or the other Loan Documents. All such remedies shall be cumulative and the exercise of one shall not preclude or prejudice the exercise of any other. 6. Release Upon Payment in Full. Upon the recording or filing of any instrument of satisfaction or full release of the Mortgage executed by Lender, unless there shall have been recorded another mortgage in favor of the Lender covering all or any portion of the Mortgaged Premises, this Assignment shall become and be void and of no further effect. 7