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200905531 Event of Default, Assignor shall have the right to collect, but not in excess of one month prior to accrual under such Lease, all rents, issues and profits from the Property, but only as trustee for the benefit of Sank; and Assignor shall apply the amounts so collected first to the payment of all sums due and payable under the Note, this Assignment and the other Loan Documents, and thereafter, so long as no Event of Default has occurred, the balance of such rents, issues and profits shall be retained by Assignor far its own account. Nothing contained in this paragraph S or elsewhere in this Assignment or any other Loan Document shall be construed to make Bank a "mortgagee-in-possession." 6. No Obligation of Bank/Indernnity by Assi nor. Bank shall not be obligated to perform or discharge, nor does Bank hereby undertake to perform or discharge, any obligation, duty or liability under any of the Leases assigned hereunder or under or by reason of this Assignment. Assignor shall and does hereby agree to indemnify Bank against and hold it harmless from any and all liability, loss, damage, cost or expense that Bank may or might incur under any of the Leases or under or by reason of this Assignment, and against and from any and all clainns and demands whatsoever that may be asserted against Bank by reason of any alleged obligation or undertaking on Bank's part to perform or discharge any of the terms, covenants or agreements contained in the Leases. Should Bank incur any such liability, loss, damage, cast or expense under any of the Leases or under or by reason of this Assignment, or in the defense against any such claims or demands, the amount thereof, including, without limitation, costs, expenses and reasonable legal fees and disbursements, together with interest at the Default Rate (as defined in the Note), shall be secured by this Assignment and the other Loan Documents, and Assignor shall reimburse Bank immediately upon demand. ooperation. Assignor further agrees as follows: 7. Waiver _ urt er C , , (a) Assignor will execute upon request of Bank any and all instruments requested by Bank to carry out the terms and conditions of this Assignment or the assignments intended hereby; (b) Bank's omission or failure to give any notice of or under this Assignment to Assignor or any lessee, tenant or other occupant of the Property or any part thereof, or to collect any such rents, issues, income or profits therefrom, or any part thereof, shall not constitute or be deemed a waiver of any of Bank's rights hereunder, under any other Loan Document; and (c) on request of the Bank, Assignor will execute and deliver to the Bank or otherwise, such instruments or documents (including, without limitation, estoppel certificates) confirming the status of all or part of the Leases, including, without limitation, the assignment thereof to Bank. 8. Release. The recording of a full release of the Deed of Trust shall automatically constitute a full release of this Assignment. 6 #1407856 v5 den