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<br />200802660 <br /> <br />dangerous or defective condition of the Premises, or for any negligence in the management, <br />upkeep, repair or control of said Premises resulting in loss or injury or death to any tenant, <br />licensee, employee or stranger nor liable for laches or failure to collect any Rents. <br /> <br />7.2 INDEMNIFICATION. The Assignor shall and does hereby agree to indemnify <br />and to hold Assignee harmless of and from any and all liability, loss or damage which it mayor <br />might incur under the Leases or under or by reason of this Assignment and of and from any and <br />all claims and demands whatsoever which may be asserted against it by reason of any alleged <br />obligations or undertakings on its part to perfonn or discharge any of the terms, covenants or <br />agreements contained in said Leases excepting the gross negligence or intentional wrongful acts <br />of Assignee. Should the Assignee incur any such liability, or in the defense 0 f any such claims <br />or demands or a judgment be entered against Assignee, the amount thereof, including costs, <br />expenses, and reasonable attorney's fees, shall bear interest thereon at the rate then in effect on <br />the Note, shall be secured hereby, shall be added to the Indebtedness Secured Hereby and <br />Assignor shall reimburse the Assignee for the same immediately upon demand, and upon the <br />failure of Assignor so to do the Assignee may declare all Indebtedness Secured Hereby <br />immediately due and payable. <br /> <br />7.3 TENANT TO RECOGNIZE ASSIGNEE. Each tenant under any Lease is hereby <br />irrevocably authorized and directed to recognize the claims of Assignee or any receiver <br />appointed without investigating the reason for any action taken or the validity or the amount of <br />indebtedness owing to the Assignee, or the existence of any default in the Note, Deed of Trust, or <br />Event of Default hereunder, or the application to be made by the Assignee or such receiver, <br />Assignor hereby irrevocably directs and authorizes the tenants to pay the Assignee or such <br />receiver all sums due under the Leases and consents and directs that said sums shall be paid to <br />any such receiver in accordance with terms of its receivership or to Assignee without the <br />necessity for a judicial determination that a default has occurred hereunder or under the Deed of <br />Trust or that Assignee is entitled to exercise its rights hereunder, and to the extent such sums are <br />paid to Assignee or such receiver, the Assignor agrees that the tenant shall have no further <br />liability to Assignor for the same. The sole signature of the Assignee or such receiver shall be <br />sufficient for the exercise of any rights under this Assignment and the sole receipt of the <br />Assignee or such receiver for any sums received shall be a full discharge and release therefor to <br />any such tenant or occupant of the Premises. Checks for all or any part of the rentals collected <br />under this Assignment shall upon notice from the Assignee be drawn to the exclusive order of <br />the Assignee or such receiver. <br /> <br />7.4 SECURITY DEPOSITS. Upon an Event of Default Assignor shall on demand <br />transfer to the Assignee any security deposits held by Assignor under the terms of the Lease to <br />be held by Assignee and applied in accordance with the provision of the Lease. Until Assignee <br />makes such demand and the deposits are paid over to Assignee the Assignee assumes no <br />responsibility for any such security deposit. The Assignor shall deposit the same in an account, <br />separated from its general funds, and if such deposits are required by law to be refunded to the <br />respective tenants with interest thereon, such account shall be an interest bearing account. <br /> <br />7.5 INTENTIONALLY OMITTED. <br /> <br />AM I 57:0AM57:666690:3:LOUISVILLE <br />3/19108 <br /> <br />6 <br />