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~oo9oss~i (i) enter upon, take possession of, manage and operate the Property, or any part thereof (including, without limitation, making necessary repairs, alterations and improvements to the Property); (ii) make, cancel, enforce or modify Leases; (iii) obtain and evict tenants; (iv) fix or modify rents; (v) do any acts which Bank deems reasonably proper to protect the security hereof; and (vi) either with or without taking possession of the Property, in its own name sue for or otherwise take any and all actions Bank deems necessary or advisable to collect and receive such rents, issues and profits, including, without limitation, those past due and unpaid. In connection with the foregoing, Bank shall be entitled and empowered to employ attorneys and their staff, and management, rental or other agents in and about the Property and to effect the matters which the Bank is empowered to do, and if Bank shall itself effect such matters, Bank shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the fees, charges, costs and expenses of Bank or such persons shall be so much additional indebtedness evidence by the Note secured hereby. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the application thereof as aforesaid shall not cure or waive any default or waive, modify ar affect notice of default under the Note or invalidate any act done pursuant to said notice. (c) Any tenants or occupants of any part of the Property are hereby authorized to recognize the claims of Bank hereunder without investigating the reason far any action taken by Bank, or the validity or the amount of indebtedness owing to Bank, or the existence of any default under the Nate, or under or by reason of this Assignment, or the application to be made by Bank of any amounts to be paid to Bank. The sole signature of Sank shall be sufficient for the exercise of any rights under this Assignment and the sole receipt of Bank for any sums received shall be a full discharge and release therefor to any such tenant or occupant on the Property. Checks for all or any part of the rentals collected under this Assignment shall be drawn to the exclusive order of Bank. (d) Any monies received by Bank or receiver hereunder may be applied when received from time to time in payment of (i) any fees or expenses due Bank hereunder or under any of the Loan Documents, (ii) casts of collections and all costs of renting, maintaining, altering, renovating, operating, repairing or managing the Property, (iii) any taxes, assessments or other liens affecting the Property regardless of the delinquency or priority, and (iv) all amounts due under the Note and the Loan Documents, such application to be in such order as Bank may determine. The acceptance of this Assignment by Bank or the exercise of any rights by it hereunder shall not be, or be construed to be, an affirmation by it of any tenancy ar lease nor an assumption of any liability under any such tenancy or lease. (e) Assignor hereby grants Sank a power of attorney and appoints Bank as Assignor's attorney-in-fact for the purpose of Bank carrying out the rights and remedies of Sank hereunder. The appointment of the Bank as Assignor's attorney-in-fact hereunder is coupled with an interest and is irrevocable, and Assignor expressly grants to Bank, among ether things, the authority to sign the name of Assignor and to bind Assignor on all papers and documents relating to the operation, leasing and maintenance of the Property. 5. Assignor's Right to Retain Rents. It is the parties' intention that this Assignment constitutes an absolute assignment. However, it is understood that so long as there shall exist no 5 #]407856 v5 den