Laserfiche WebLink
<br />88-104345 <br /> <br />with any and all policies of insurance of any kind and all kinds <br />now or heLeafter on or in connection with the whole or any part <br />of the Mortgaged premises and to adjust any loss of damage <br />thereunder; adjust, bring suit at law or in equity for, settle or <br />otherwise deal with, any taking of any or all of the Mortgaged <br />premises for public purposes or any claim for real or alleged <br />harm or damage to said Mortgaged premises and execute and/or <br />render any and all instruments deemed by the receiver to be <br />nec~ssary or appropriate in connection therewith~ and adjust, <br />settle or otherwise deal with any real estate tax abatements and <br />execute and/or render any and all installments deemed by the <br />receiver to be necessary or appropriate in connection therewith. <br /> <br />4.6 Mortgagor shall pay, and shall indemnify Mortgagee <br />against, any and all reasonable attorneys' fees and expenses <br />incurred by Mortgagee in exercising its rights and remedies <br />hereunder. <br /> <br />4.7 Mortgagee shall not be obligated to collect or <br />attempt to collect any Rents which are not in fact paid to it or <br />its agent. Further, Mortgagee shall not be obligated to perform <br />or discharge, nor does it hereby undertake to perform or <br />discharge, any obligation, duty or liability of Mortgagor under <br />any Lease, or to do any of the things for which rights, <br />interests, power and/or authority are herein granted to <br />Mortgagee. This Assignment shall not operate to place <br />responsibllity for the control, care, management or repair of the <br />Mortgaged Premises upon Mortgagee, nor for the carrying out of <br />any of the terms and condltions of the Leases; nor shall it <br />operate to make Mortgagee responsible or liable for any waste <br />committed on the Mortgaged Premises by the tenants or any other <br />party, or for any dangerous or defective condltion of the <br />Mortgaged premises or for any negligence in the management, <br />upkeep, repair or control of the Mortgaged Premises resulting in <br />loss or injury or death to any tenant, licensee, employee or <br />stranger. Mortgagor shall indemnify Mortgagee against and hold <br />it harmless from any liability, loss or damage which it may incur <br />under any lease or under this Assignment and from any claims and <br />demands which may be asserted against it by reason of any alleged <br />obligation or undertaking on its part to perform or discharge any <br />of the terms, covenants or agreements contained in any Lease <br />except that Mortgagor shall not be liable for the willful <br />misconduct or negligence of Mortgagee occurring after Mortgagee <br />has assumed responsibility as Landlord under the particular Lease <br />involved. If Mortgagee incurs any such liability, loss or damage <br />under any Lease or under this Assignment, or in the defense <br />against any such claims or demands, the amount thereof, including <br />costs, expenses and reasonable attorneys' fees, together with <br />interest thereon at the rate then in effect for the indebtedness <br />evidenced by the Loan Agreement, shall be secured hereby and by <br />the Mortgage, and Mortgagor shall reimburse therefor immediately <br />upon demand. <br /> <br />-8- <br /> <br />L <br />