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86- -106984 during the pendency of any foreclosure proceedings or any exercise of the power of sale under the Deed of Trust, or during any redemption period. 10. Owner hereby appoints Lender its true and lawful attorney with full power of substitution and with power for Lender in its own name, and capacity or in the name and capacity of Lender to demand, collect, receive and give complete acquittances for any and all rents, income and profits accruing from the Property, and at Lender's discretion to file any claim or take any other action or proceeding and make any settlement of any claims, either in its own name or in the name of owner or otherwise, which Lender may deem necessary or desirable in order to collect and enforce the payment of the rents, income and profits. Lessees or other persons lawfully in possession of the Property are hereby expressly authorized and directed to pay any and all amounts due Owner pursuant to the Leases to Lender or such nominee as Lender may designate in writing delivered to and received by such lessees or other persons lawfully in possession of the Property who are expressly relieved of any and all duty, liability or obligation to Owner in respect of all payments so made. 11. Lender is hereby vested with full power to use all measures, legal and equitable, deemed by it necessary or proper to enforce this Assignment and to collect the rents, income and profits accruing under any Lease assigned hereunder, including the right of Lender or its designee to enter upon the Property, or any part hereof, with or without force and with or without process of law, and take possession of and use all or any part of the Property together with all personal property, fixtures, documents, books, records, papers and accounts and all stationery and promotional materials of owner relating thereto or located therein, and may exclude Owner, its agents or servants, wholly therefrom. Owner hereby grants full power and authority to Lender to exercise all rights, privileges and powers herein granted at any and all times hereafter, without notice to Owner with full power to use and apply all of the rents and other income herein assigned to the payment of costs of managing and operating the Property and of any Indebtedness or liability of Owner to Lender, including but not limited to the payment of taxes, special assessments, insurance premiums, damage claims, the cost of maintaining, repairing, rebuilding and restoring the improvements on the Property or of making same rentable, attorneys' fees occurred in connection with the enforcement of this Assignment, the Credit Agreement or any Collateral Agreement, and any payments due from Owner to Lender on the Guaranty and the Collateral Agreement all in such order as Lender may determine. Lender shall be under no obligation to exercise or prosecute any of the rights or claims assigned to it hereunder or to perform or carry out any of the obligations of the lessor under any of the Leases and does not assume any of the covenants and agreements of Owner in the Leases. owner hereby agrees to indemnify Lender and to hold it harmless from any liability, loss or damage, including -4- U