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20010905;
<br />therefrom. Assignor hereby grants full power and authority to Assignee to exercise all rights, privileges
<br />and powers herein granted at any and all times hereafter, without notice to Assignor with full power to
<br />use and apply all of the rents and other income herein assigned to the payment of the costs of managing
<br />and operating the Premises and of any indebtedness or liability of Assignor to Assignee, including but not
<br />limited to the payment of taxes, special assessments, insurance premiums, damage claims, the costs of
<br />maintaining, repairing, rebuilding and restoring the improvements on the Premises or of making the same
<br />rentable, attorneys' fees incurred in connection with the enforcement of this Assignment, and of payments
<br />due from Assignor to Assignee pursuant to the Indebtedness, all in such order as Assignee may
<br />determine. Assignee shall be under no obligation to exercise or prosecute any of the rights or claims
<br />assigned to it hereunder or to perform or carry out any of the obligations of the lessor under any of the
<br />Leases and does not assume any of the liabilities in connection with or arising or growing out of the
<br />covenants and agreements of Assignor in the Leases. Assignor hereby agrees to indemnify Assignee and
<br />to hold it harmless from any liability, loss or damage including without limitation, to the extent now or
<br />hereafter permitted by law, reasonable attorneys' fees which may or might be incurred by it under the
<br />Leases or by reason of this Assignment, and from any and all claims and demands whatsoever which may
<br />be asserted against Assignee by reason of any alleged obligations or undertakings on its part to perform or
<br />discharge any of the terms, covenants or agreements contained in any of the Leases. This Assignment
<br />shall not operate to place responsibility for the control, care, management or repair of the Premises, or
<br />parts thereof, upon Assignee nor shall it operate to make Assignee liable for any waste of the Premises by
<br />the lessee under any of the Leases or any other party, or for any dangerous or defective condition of the
<br />Premises or for any negligence in the management, upkeep, repair or control of the Premises resulting in
<br />loss or injury or death to any lessee, licensee, employee or stranger.
<br />15. Assignee may, at its option, although it shall not be obligated to do so, perform any lease
<br />covenant for and on behalf of Assignor and any monies expended in so doing shall be chargeable with
<br />interest to Assignor the same as for advances under the Deed of Trust.
<br />16. Waiver of or acquiescence by Assignee in any default by Assignor, or failure of Assignee
<br />to insist upon strict performance by Assignor of any warranties, agreements or other obligations contained
<br />in this Assignment shall not constitute a waiver of any subsequent or other default, failure or waiver of
<br />strict performance, whether similar or dissimilar.
<br />17. The rights and remedies of Assignee under this Assignment are cumulative and are not in
<br />lieu of, but are in addition to any other rights or remedies which Assignee shall have under the
<br />Indebtedness, Deed of Trust, or any other instrument, or at law or in equity.
<br />18. Wherever possible, each provision of this Assignment shall be interpreted in such manner
<br />as to be effective and valid under applicable law, but if any provision of this Assignment shall be
<br />prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of
<br />such prohibition or invalidity, without invalidating the remainder of such provision of the remaining
<br />provisions of this Assignment.
<br />19. All notices and other communications provided for herein shall, unless otherwise stated
<br />herein, be in writing and shall be personally delivered or sent by certified mail, postage prepaid, by
<br />prepaid overnight nationally recognized courier, or by facsimile, to the intended party at the address or
<br />facsimile number of such party set forth as follows:
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