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X0100014'7
<br />brokers, marketing agents, or other employees, agents, independent
<br />contractors or professionals, as .Lender may in its sole discretion deem
<br />appropriate or desirable to implement and effectuate the rights and powers
<br />herein granted; (j) execute and deliver, in the name of Lender as attorney-
<br />in-fact and agent of Borrower or in its own name as Lender, such
<br />documents and instruments as are necessary or appropriate to consummate
<br />authorized transactions; (k) enter such leases, whether of real or personal
<br />property, or tenancy agreements, under such terms and conditions as
<br />Lender may in its sole discretion deem appropriate or desirable; (1) collect
<br />and receive the Rents from the Mortgaged Property; (m) eject tenants or
<br />repossess personal property, as provided by law, for breaches of the
<br />conditions of their leases or other agreements; (n) sue for unpaid Rents,
<br />payments, income or proceeds in the name of Borrower or Lender; (o)
<br />maintain actions in forcible entry and detainer, ejectment for possession
<br />and actions in distress for rent; (p) compromise or give acquittance for
<br />Rents, payments, income or proceeds that may become due; (q) delegate
<br />or assign any and all rights and powers given to Lender by this Security
<br />Instrument; (r) require that Escrow Agent pay over to Lender all amounts
<br />then being held by Escrow Agent for application by Lender towards
<br />payment of the Debt or other sums then due Lender under the Loan
<br />Documents; and (s) do any acts which Lender in its sole discretion deems
<br />appropriate or desirable to protect the security hereof and use such
<br />measures, legal or equitable, as Lender may in its sole discretion deem
<br />appropriate. or desirable to implement and effectuate the provisions of this
<br />Security Instrument. This Security Instrument shall constitute a direction
<br />to and full. authority to the Lessee under the Lease, and any other tenant or
<br />other third party who has heretofore dealt or contracted or may hereafter
<br />deal or contract with Borrower or Lender, at the request of Lender, to pay
<br />all amounts owing under the Lease (other than Excepted Payments, as
<br />defined in the Assignment), and any other lease, contract, concession,
<br />license or other agreement to Lender without proof of the default relied
<br />upon. The Lessee under the Lease or any other tenant or third party is
<br />hereby irrevocably authorized to rely upon and comply with (and shall be
<br />fully protected by Borrower in so doing) any request, notice or demand by
<br />Lender for the payment to Lender of any Rents or other sums which may
<br />be or thereafter become due under its lease, contract, concession, license
<br />or other agreement, or for the performance of any undertakings under any
<br />such lease, contract, concession, license or other agreement, and shall have
<br />no right or duty to inquire whether any default under this Security
<br />Instrument or under any of the other Loan Documents has actually
<br />occurred or is then existing. Borrower hereby constitutes and appoints
<br />Lender, its assignees, successors, transferees and nominees, as Borrower's
<br />true and lawful attorney-in-fact and agent, with full power of substitution
<br />in the Mortgaged Property, in Borrower's name, place and stead, during an
<br />Event of Default, to do or permit any one or mare of the foregoing
<br />described rights, remedies, powers and authorities, successively or
<br />-42-
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