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<br />200600863
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<br />the Security Instrument and the Other Security Documents and Borrower shall reimburse Lender
<br />therefor immediately upon demand and upon the failure of Borrower so to do Lender may, at its
<br />option, declare all sums secured by this Assignment and by the Security Instrument and the Other
<br />Security Documents immediately due and payable. This Assignment shall not operate to place any
<br />obligation or liability for the control, care, management or repair of the Property upon Lender, nor for
<br />the carrying out of any of the terms and conditions of the Leases or any Lease Guaranties; nor shall it
<br />operate to make Lender responsible or liable for any waste committed on the Property by the tenants
<br />or any other parties, or for any dangerous or defective condition of the Property, including without
<br />limitation the presence of any Hazardous Materials (as defined in the Security Instrument), or for any
<br />negligence in the management, upkeep, repair or control of the Property resulting in loss or injury or
<br />death to any tenant, licensee, employee or stranger.
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<br />Section 4.2. ~O MORTGAGEE IN POSSESSION. Nothing herein contained shall be
<br />construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual
<br />possession of the Property by Lender. In the exercise of the powers herein granted Lender, no
<br />liability shall be asserted or enforced against Lender, all such liability being expressly waived and
<br />released by Borrower.
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<br />Section 4.3. FURTHER ASSURANCES. Borrower will, at the cost of Borrower, and without
<br />expense to Lender, do, execute, acknowledge and deliver all and every such further acts,
<br />conveyances, assignments, notices of assignments, transfers and assurances as Lender shall, from
<br />time to time, require for the better assuring, conveying, assigning, transferring and confirming unto
<br />Lender the property and rights hereby assigned or intended now or hereafter so to be, or which
<br />Borrower may be or may hereafter become bound to conveyor assign to Lender, or for carrying out
<br />the intention or facilitating the performance of the terms of this Assignment or for filing, registering
<br />or recording this Assignment and, on demand, will execute and deliver and hereby authorizes Lender
<br />to execute in the name of Borrower to the extent Lender may lawfully do so, one or more financing
<br />statements, chattel mortgages or comparable security instruments, to evidence more effectively the
<br />lien and security interest hereof in and upon the Leases.
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<br />ARTICLE ~ 5. ~ DEFINITIONS
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<br />Section 5.1. CERTaIN DEFINITIONS. Unless the context clearly indicates a contrary intent
<br />or unless otherwise specifically provided herein, words used in this Assignment may be used
<br />interchangeably in singular or plural form and the word "Borrower" shall mean "each Borrower and
<br />any subsequent owner or owners of the Property or any part thereof or interest therein," the word
<br />"Lender" shall mean "Lender and any subsequent holder of the Note," the word "Note" shall mean
<br />"the Note and any other evidence of indebtedness secured by the Security Instrument," the word
<br />"person" shall include an individual, corporation, partnership, limited liability company, trust,
<br />unincorporated association, government, governmental authority, and any other entity, the word
<br />"Property" shall include any portion of the Property and any interest therein, the phrases "attorneys'
<br />fees" and "counsel fees" shall include any and all attorneys', paralegal and law clerk fees and
<br />disbursements, including, but not limited to, fees and disbursements at the pre-trial, trial and appellate
<br />levels incurred or paid by Lender in protecting its interest in the Property, the Leases and the Rents
<br />and enforcing its rights hereunder, and the word "Debt" shall mean the principal balance of the Note
<br />with interest thereon as provided in the Note and the Security Instrument and all other sums due
<br />pursuant to the Note, the Security Instrument, this Assignment and the Other Security Documents;
<br />whenever the context may require, any pronouns used herein shall include the corresponding
<br />masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the
<br />plural and vice versa.
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