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200205501
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Last modified
10/14/2011 10:53:56 PM
Creation date
10/22/2005 8:42:02 PM
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DEEDS
Inst Number
200205501
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200205501 <br />(iii) to take possession of the Property, and to have, hold, <br />manage, lease and operate the same on such terms and for <br />such period of time as Lender may deem proper and, <br />either with or without taking possession of the Property in <br />its own name, make, from time to time, all alterations, <br />renovations, repairs or replacements thereto or thereof as <br />may seem proper to Lender. <br />Nothing set forth in this section shall be deemed to limit or otherwise alter the <br />rights of Lender at law or in equity in the event of a Default, nor shall Lender be <br />obligated to exercise any of its rights in this section. <br />(d) NOTICE. <br />Lessees under the Leases are hereby irrevocably authorized and notified by <br />Borrower to rely upon and comply with (and shall be fully protected in so doing) <br />any notice or demand by Lender for the payment to Lendcr of any rental or other <br />sums which may be, or hereafter become, due under the Leases, or for the <br />performance of any of such lessees' undertakings under the Leases, and such <br />lessees shall have no right or duty to inquire as to whether any Default has <br />actually occurred or is then existing. <br />(e) PROCEEDS. <br />Lender shall have the right to apply all such rents, income mid profits received <br />from the lessees under the Leases to the payment of any of the following in such <br />amounts and in such order as Lender shall deem appropriate in Lender's sole <br />discretion. <br />(i) the indebtedness secured by this Assigrunent and by the <br />Loan Documents, together with all costs and attorneys' <br />fees of Lender incurred in attempting to enforce Lender's <br />rights hereunder or thereunder, in such order or priority <br />as Lender, in Lender's sole discretion, may determine, any <br />statute, law, custom or use to the contrary <br />notwithstanding; <br />(it) all expenses of managing the Property, including without <br />limitation, the salaries, fees and wages of a managing <br />agent and such other employees or independent <br />contractors as Lender may deem necessary or desirable, <br />and all expenses of operating and maintaining the <br />Property, including without limitation, all taxes, charges, <br />claims, assessments, water rents, sewer rents, any other <br />liens, premiums for all insurance which Lender may deem <br />necessary or desirable, the cost of all alterations, <br />renovations, repairs or replacements, and all expenses <br />incident to taking and retaining possession of the <br />Property. <br />(� RELATIONS "R'. <br />Nothing contained in this Assignment shall be construed as constituting <br />Lender as trustee or "mortgagee in possession'. <br />EXCULPATION. <br />Lender shall not directly or indirectly be liable to Borrower or any other person as a <br />consequence of the exercise of the powers granted to Lender in this Assignment, or as a <br />result of Lender's exercise of Lender's rights in the event of a Default, and no such liability <br />shall be asserted or enforced against Lender, all such liability being expressly waived and <br />released by Borrower, and Borrower indemnifies Lender and holds Lender harmless from <br />and against all such liability. <br />
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