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zosoool~8 7. No Mort;~a~ee in Possessian. Nothing herein contained shall be construed as constituting Assignee a "mortgagee in possession" in the absence of the taking of actual Possessian of the Mortgaged Property by Assignee. 8. No Oral Chan;~e. This Assignment may not be modified, amended, waived, extended, changed, discharged or terminated orally, or by any act or failure to act on the part of Assignor or Assignee, but only by an agreement in writing signed by the party against whore the enforcement of any modification, amendment, waiver, extension, change, discharge or termination is sought. 9. Certain Definitions. Unless otherwise defined herein, all defined terms used herein shall have the meanings assigned in the Mortgage. Unless the context clearly indicates a contrary intent or unless otherwise specifically provided herein, wards used in this Assignment may be used interchangeably in singular ar plural form and the word "Assignor" shall mean Assignor and any subsequent owner or owners of the Mortgaged Property or any part thereof or any interest therein, the word "person" shall include an individual, corporation, partnership, trust, limited liability company, unincorporated association, government, governmental authority, and any other entity, the wards "Mortgaged Property" shall include any portion of the Mortgaged Property and any interest therein; whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine ar neuter forms, and the singular forms of nouns and pronouns shall include the plural and vice versa. 10. Non-Waiver. The failure of Assignee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Assignment. Assignor shall not be relieved of Assignor's obligations hereunder by reason of (a) failure of Assignee to comply with any request of Assignor or any other party to take any action to enforce any of the provisions hereof or of the other Security Documents, (b) the release, regardless of consideration, of the whole or any part of the Mortgaged Property (subject to Section 15), or (c) any agreement or stipulation by Assignee extending the time of payment or otherwise modifying or supplementing the terms of this Assignment or the other Security Documents, except to the extent expressly set forth in such agreement or stipulation. Assignee may resort for the payment of the Indebtedness to any security held by Assignee in such order and manner as Assignee, in its discretion, may elect. Assignee may take any action to recover the Indebtedness, or any portion thereof or to enforce any covenant hereof without prejudice to the right of Assignee thereafter to enforce its rights under this Assignment. The rights of Assignee under this Assignment shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Assignee shall be construed as an election to proceed under any one provision herein to the exclusion of any provision. 11. Ina licable Provisions. If any term, covenant ar condition of this Assignment is held to be invalid, illegal or unenforceable in any respect, this Assignment shall be construed without such provision. 12. Counterparts. This Assignment may be executed in any number of counterparts each of which shall be deemed to be an original but all of which when taken together shall constitute one agreement. 15452813.3 6