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200400544 otherwise (all of (i) through (iii) being collectively referred to herein as the "Secured Obligations "). 2) Lender may in its own name or, at Lender's option, as attorney in fact for Borrower and in Borrower's name and stead, with full power of substitution and with the right to exercise the rights and powers herein contained without prior judicial hearing or notice to Borrower, both of which are hereby specifically waived: a) collect any and all of the Rents and all other moneys and rights to receive money assigned hereby, by notifying the lessee or by such other measures as Lender may deem necessary or appropriate in the circumstances; b) enter onto and hold, occupy, possess and enjoy the Real Property and Personal Property; c) eject tenants, fill vacancies, and make, cancel, modify and enforce the Leases upon such terms as Lender may deem appropriate; d) obtain, cancel and modify any policy of insurance covering all or any part of the Real Property or Personal Property, adjust any loss or damage thereunder and enforce any rights of Borrower thereunder; e) bring suit, compromise, and settle for any taking of all or any portion of the Real Property for public purposes or any claim for damages arising therefrom; f) contest, compromise and settle any tax assessment or other charge levied or assessed upon all or any part of the Real Property or Personal Property; and g) execute and deliver any and all instruments deemed by Lender to be necessary or appropriate in connection with the exercise of any right, power or authority granted hereby. 3) Lender may use and apply any moneys received by it as a result of this Agreement, in such order as Lender may elect, for any one or more of the following purposes: a) payment of any taxes, assessments and charges of any nature whatsoever that may be levied or assessed in connection with the Real Property or Personal Property; b) payment of any lien or encumbrance affecting all or any part of the Real Property or Personal Property; c) payment of premiums on policies of insurance on all or any part of the Real Property or Personal Property; d) payment of all expenses and liabilities incurred in the care and management of the Real Property and Personal Property, including any compensation paid to Lender's agents and the expense of repairs, alterations, additions and improvements to the Real Property and Personal Property as may be deemed necessary or advisable by Lender; e) payment of any attorney fees, court costs and expenses incurred by Lender in connection with the exercise of its rights, powers and authority under this Assignment; and f) payment of any sums owing Lender under the Secured Obligations. 4) Notwithstanding that this Assignment is a present assignment, Borrower shall have permission to collect the Rents and manage the Real Property and Personal Property for so long as Borrower duly and promptly performs all of the terms and provisions of this Assignment and all of the Secured Obligations; provided that such permission shall automatically and without notice terminate in the event Borrower breaches or Assignment of Leases and RentsQUINN.doc 2 of 5