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200011181 cure or waive any default or waive, modify or affect notice of default under the Trust Deed or invalidate any act done pursuant to said notice, nor in any way operate to prevent American Family from pursuing any remedy which now or hereafter it may have under the terms and conditions of the Trust Deed or the Note secured thereby or any other Loan Documents securing the same. 5. No Liability for American Family. American Family shall not be obligated to perform or discharge, nor does it undertake to perform or discharge, any obligation, duty or liability under any Lease nor shall this Assignment operate to place any responsibility for the control, care, management or repair of the Premises or responsibility for the collection of Rents upon American Family or for the carrying out of any of the terms and conditions of any Lease; nor shall it operate to make American Family responsible or liable for any waste committed on the Premises, or for any dangerous or defective condition of the Premises resulting in loss or injury or death to any Tenant, licensee, employee or stranger. American Family shall be required to account only for such moneys as are actually received by it and shall not be obliged to pay any interest on Rents received by it under this Assignment. 6. Borrower to Hold American Family Harmless. Borrower agrees to indemnify and to hold American Family harmless from any and all liability, loss or damage which American Family incurs under any Lease or under or by reason of this Assignment, and from any and all claims and demands whatsoever which may be asserted against American Family by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any Lease, except this indemnity shall not apply to any liability to the extent caused by the gross negligence or willful misconduct of American Family. Should American Family incur any such liability, or incur costs in the defense of any such claims or demands, the amount thereof, including costs, expenses, and reasonable attorneys' and paralegals' fees and costs, shall be secured hereby and shall be added to the Indebtedness and Borrower shall immediately reimburse American Family therefor upon demand, except American Family shall bear its own costs of defense for any liabilities to the extent caused by American Family's gross negligence or willful misconduct. The continuing failure of Borrower so to do shall constitute an Event of Default. Notwithstanding anything to the contrary herein provided, this indemnification of American Family by Borrower shall not apply to any losses, claims, liabilities, damages, injuries, costs, expenses, action or causes of action which are caused by American Family or its receivers or agents, after an Event of Default and after American Family has taken possession of the Premises. 7. Security Deposits. Borrower agrees, upon demand, to transfer to American Family all security deposits, if any, held by Borrower under the terms and provisions of any Lease. Borrower agrees that such security deposits may be held by American Family without any allowance for interest thereon, except statutory interest accruing to the benefit of any Tenant, and shall become the absolute property of American Family upon an occurrence of an 4