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99 � U93� 4 (f) payment of any indebtedness or liability of Borrower to Lender or its assigns, whether absolute or contingent, and no matter when it shall arise. :, 7 . The collection of Rents or exercise of any of the foregoing rights shall not be deemed or construed to constitute Lender as a mortgagee in possession of the Real Property or to obligate Lender to take any action hereunder, to incur expenses or to perform or discharge any obligation, duty, or liability hereunder or under the Leases . Until the loan as evidenced by the Note, and all indebtedness secured hereby shall have been paid in full, Borrower will from time to time execute and deliver unto Lender upon demand any and all writings or documents that Lender may reasonably deem necessary or desirable to carry out the purpose and intent hereof, which will enable Lender to enforce any right or rights hereunder. 8 . Borrower agrees to indemnify and hold Lender harmless of and from any and all liability, loss, or damage which Lender may incur under the Leases or by reason of this Assignment, and from any and all claims and demands whatsoever which may be asserted against Lender by reason of any alleged obligation or undertaking to be performed or discharged by Lender under the Leases or this Assignment . Nothing contained in the Trust Deed, the Note, the Security Agreement, or in this Assignment shall be construed to bind Lender to the performance of any of the terms and provisions contained in the Leases, or otherwise to impose any obligation on Lender, including, without limitation, any liability under the covenant of quiet enjoyment contained in the Leases in the event that any tenant shall have been joined as a party defendant in any action to foreclose the Trust Deed and shall have been barred and foreclosed thereby of all right, title, and interest and equity of redemption in the Real Property. Prior to actual entry and taking possession of the Real Property by Lender, this Assignment shall not operate to place responsibility for control, care, management, or repair of the Real Property or Personal Property upon Lender, nor for the carrying out of any of the terms and provisions of said Leases . Should Lender incur any liability mentioned in this paragraph, or loss or damage under the Leases or under or by reason of this Assignment, or in defense of any such claims or demands, the Borrower shall immediately upon demand reimburse Lender for the amount thereof, including costs and expenses and reasonable attorney� s fees, and Lender may retain possession and collect the Rents and, from time to time, apply them in or toward satisfaction of or reimbursement for said loss or damage. 9 . Borrower hereby covenants, represents, warrants, and agrees that : a. Borrower has the right, power, and capacity to make this Assignment and no person, firm, or corporation other than Borrower has or will have i any right, title, or interest in or to the Leases or the Rents . b. Borrower will, at Borrower' s sole cost and expense, perform and discharge all of the obligations and undertakings of the landlord under the Leases . Borrower will use all reasonable efforts to enforce or secure the performance of each and every obligation and undertaking of the tenants under the Leases and will appear in and prosecute or defend any action or proceeding arising under, or in any manner connected with, the Leases or the obligations and undertakings of the tenants thereunder. Lender may (but shall not j be obligated to) take any action Lender deems necessary or desirable to prevent or cure any default by Borrower in the performance of or compliance with any of the Borrower' s covenants or obligations under any of the Leases . Lender may 4 L