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<br />7. Assignor hereby agrees to indemnify, defend, and hold Lender harmless from and against any and all
<br />liability, loss, damage and/or expense that it may or might incur by reason of this Assignment, or by reason or in
<br />defense of any claims or demands that may be asserted against Lender arising out of any Lease including, without
<br />limitation, any and all claims by a tenant for credit for rental paid to and received by Assignor, but not delivered to
<br />Lender, for any period more than one month in advance of the due date thereof. If Lender incurs any such liability,
<br />loss, damage and/or expense, the amount thereof (including reasonable attorneys' fees and disbursements), together
<br />with interest thereon at the Default Rate (as defined in the Note) shall be payable by Assignor to Lender immediately
<br />without demand, and shall be evidenced by the Note and secured hereby and by the Mortgage and the other Loan
<br />Documents.
<br />8. The failure of Lender to enforce or exercise any or all of its rights under this Assignment at any time(s)
<br />shall not be construed or deemed to be a waiver of any such rights, and nothing contained in this Assignment, nor
<br />anything done or omitted to be done by Lender pursuant to this Assignment, shall be deemed a waiver by Lender of
<br />any of its other rights and remedies under this Assignment or under any Lease or any of the Loan Documents or at
<br />law or in equity or otherwise. The right of Lender to collect the indebtedness evidenced by the Note and to enforce
<br />any security or Collateral (as defined in the other Loan Documents) therefor may be exercised by Lender, either prior
<br />to, simultaneously with, or subsequent to any action taken under this Assignment.
<br />9. So long as any of the indebtedness secured hereby and by the Mortgage remains outstanding, unless
<br />Lender otherwise consents in writing, the fee estate and the leasehold interest in the Mortgaged Property shall not
<br />merge, notwithstanding the union of such interests either in Assignor or in any tenant or in any third party.
<br />10. Upon payment in full of all of the indebtedness and all other sums payable under the Note and the
<br />Mortgage, this Assignment shall become void and of no further effect, but the affidavit, certificate, letter or statement
<br />of any officer of Lender stating that any part of said indebtedness remains unpaid shall constitute conclusive evidence
<br />of the validity, effectiveness and continuing force of this Assignment, and any person, firm or corporation may and
<br />is hereby authorized to rely thereon. A demand on any tenant made by Lender for payment of any Rents claimed by
<br />Lender shall be sufficient warrant to that tenant to make future payments of the Rents to Lender without the necessity
<br />for further consent by Assignor.
<br />11. All notices, demands or documents of any kind that Lender may be required or may desire to serve
<br />upon Assignor hereunder shall be sufficiently served by delivering or mailing the same by the manner and to the
<br />address specified in the Mortgage or to such other person or address of which Assignor may give Lender written
<br />notice from time to time. All notices to be sent to Lender hereunder shall be sent by the manner and to the address
<br />specified in the Mortgage or to such other person or address of which Lender may give Assignor written notice from
<br />time to time.
<br />12. Assignor, upon any request by Lender to do so, shall execute, deliver, and file or record in the proper
<br />governmental offices any instrument and take any other action that Lender may deem necessary or desirable to create,
<br />preserve, perfect or terminate this Assignment, or to enable Lender to exercise or enforce any of its rights hereunder,
<br />or to otherwise carry out the intent and purpose of this Assignment.
<br />13. The terms, covenants, conditions, and warranties contained herein shall inure to the benefit of Lender,
<br />its successors and assigns, and shall bind Assignor, its successors and assigns, and all tenants, subtenants, and their
<br />respective successors, assigns, and all subsequent holders of any interest in the Mortgaged Property. Unless the
<br />context clearly indicates a contrary intent or unless otherwise specifically provided herein, words used in this
<br />Assignment shall be used interchangeably in the singular or plural form and the use of any gender shall include all
<br />genders. The words "Note" and "Mortgage" shall include any supplements to any amendments of or restatements of
<br />the Note and the Mortgage, respectively.
<br />ASSIGNMENT OF LEASES AND RENTS RIDER
<br />ALRR3.CST 09/27/24 Page 5 of 6
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