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. i � �•---� . 89-- 10655'� �v� ~' i�cicaara• � �,anc��x �ha11 have t�e ric�ht to �npl.y such rente, income and profits reaeived to the paymant o! any of the follawing in �uah amour►te and in such order ae Lender shall deem appropriate: (i) the indebtedness aecured by thie Assiqnment and by the Loan Documents, together with all coete and nttorneys' fees� in such order or priority as Lender, in Lender's sole discretion, may determine, any statute, law, austom or use to the . contrary notwithstandinq; ; (ii) all expenses of managinq the • Property, including without limitation, the salaries, fees and waqea of a managing aqent and such other employees ae Lender any deem � necessary or desirable, and all � expenses of operating and � maintaininq the Property, includinq � without limitation, all taxea, charges, claims, assessments, water - , rents, sewer rents, any other ; `' liens, premiwns for all insurance {� which Lender may deem necessary or ;_ � i desirable, the cos� of all ' _� aiterazions, renovations, repairs '- `-- i p� xep3��emea��s, and a?1 ex�enses �_ . ' incident to taking and retaining possession of the Property. �- (f) RelationshiD. i Nothing contained in this Assignment shall be construed as constitutinq Lender as trustee � or "mortgagee in possessian". . . • 7. Sxculpation. � � .. : Lender shall not direotly or indirectly be liable to ^. ` Borrower or any other person as a consequence of the exercise of the powers granted to Lender in this � ��, Assignment, or as a result of Lender's exercise of . . Lender's rights in the event of a default, and no ;i liability shall be asserted or enforced against Lender, ; ,;. ; all such liabi2ity being expressly waived and released � .. . . by Borrower, and Borrower indemnifiea Lender and holds -- � Lender harm2ess against all such liability. Lender shall not be obligated to perform or discharge any abli.gatian, duty, or Ifabiiity of Borrower under ' the Leases, or by reason of this Assiqnment. Borrower hereby indemnifies and holds Lender harmless from and - against any and all liability, loss, damaqe, cost �r - expense (including attorneys� fees) which Lender might incur ar suffer under the Leases or by reason of this Assignment, and of and from any and all claims and demands whatsoever which may be asserted aqainst Lender r�=-=— � by reason of any alleged obligation or undertaking on � Lender's part to perform or discharge any of the terms, ' � . covenants or agreements contained in any of the Leases. Lpsnder shall not be lia�le for any loss sustained by � Borrower or any third party resu].ting from Lender's � failure to lease the Property after a default or from Lany other act or omission of Lender in managing the Property after dePault. 8hould Lender incur or suffer any lfability, loss, damage, cost or expense (xncluding '� attorneys� Peesj under the Leases oi by reason nP tihis Assiqnment, or in tne defense of any such claims or �` � � _ ��..