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<br />88-104345 <br /> <br />b. At Mortgagor's sole cost and expense, to appear <br />in and defend any action or proceeding arising under, <br />growing out of or in any manner connected with any Lease <br />or the obligations, duties or liabilities of ~ortgagor <br />or any tenant thereunder, and to pay all costs and <br />expenses of Mortgagee, including reasonable attorneys' <br />fees, in any such action or proceeding in which <br />Mortgagee may appear or with respect to which it may <br />incur costs; <br /> <br />c. To transfer and assign to Mortgagee, upon <br />written notice by Mortgagee, any and all specific Leases <br />Mortgagee requests. Such transfer or assignment by <br />Mortgagor shall be upon the same or substantially the <br />same terms and conditions as are herein contained, and <br />Mortgagor will properly file or record such assignments, <br />at Mortgagor's expense, if requested by Mortgagee; <br /> <br />d. To pay immediately upon demand all sums <br />expended by Mortgagee under the authority hereof, <br />together with interest thereon at the rate then in <br />effect for the Note, and the same shall be added to the <br />said indebtedness and shall be secured hereby and by the <br />Mortgage. <br /> <br />2.3 Should Mortgagor fail to make any payment or do any <br />act as herein provided, then Mortgagee may, but without <br />obligation to do so, and without releasing Mortgagor from any <br />obligation hereof, make or do the same in such manner and to such <br />extent as Mortgagee may deem necessary to protect the security <br />hereof, including, specifically, without limiting its general <br />powers, the right to appear in and defend any action or <br />proceeding purporting to affect the security hereof or the rights <br />or powers of Mortgagee, and also the right to perform and <br />discharge each and every obligation, covenant, and agreement of <br />Mortgagor in the Leases contained, and in exercising any such <br />powers to pay necessary costs and expenses, employ counsel and <br />pay reasonable attorneys' fees. Mortgagor hereby irrevocably <br />constitutes and appoints Mortgagee or any representative of <br />Mortgagee its true and lawful attorney in Mortgagor's name and <br />stead: <br /> <br />a. To perform all of the acts and things required <br />of Mortgagor in this Section 2.3; and <br /> <br />b. To perform all acts and things provided in <br />Section 4.1 hereof. <br /> <br />ARTICLE III <br /> <br />~nt Assignment <br /> <br />This assignment shall constitute a perfected, absolute <br />and present assignment, provided that, so long as no default <br /> <br />-4- <br /> <br />I I <br />