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<br />brokers, marketing agents, ar other employees, agents, independent contractors ar
<br />professionals, as Lender may in its sole discretion deem appropriate or desirable
<br />to implement and effectuate the rights and powers herein granted; (j) execute and
<br />deliver, in the name of Lender as attorney-in-fact and agent of Borrower or in its
<br />own name as Lender, such documents and instruments as are necessary or
<br />appropriate to consummate authorized transactions; (k) enter such leases, whether
<br />of real or personal property, or tenancy agreements, under such terms and
<br />conditions as Lender may in its sole discretion deem appropriate or desirable; (1)
<br />collect and receive the Rents from the Mortgaged Property; (m) eject tenants or
<br />repossess personal property, as provided by law, for breaches of the conditions of
<br />their leases or other agreements; (n) sue Far unpaid Rents, payments, income or
<br />proceeds in the name of Borrower or Lender; (o) maintain actions in forcible
<br />entry and detainer, ejectment far possession and actions in distress for rent; (p)
<br />compromise or give acquittance for Rents, payments, income or proceeds that
<br />may become due; (q) delegate or assign any and all rights and powers given to
<br />Lender by this Security Instrument; (r) require that Escrow Agent pay over to
<br />Lender all amounts then being held by Escrow Agent for application by Lender
<br />towards 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 measures,
<br />legal or equitable, as Lender may in its sale discretion deem appropriate or
<br />desirable to implement and effectuate the provisions of this Security Instrument.
<br />This Security Instrument shall constitute a direction to and full authority to the
<br />Lessee under the Lease, and any other tenant ar other third party who has
<br />heretofore dealt or contracted or may hereafter deal or contract with Borrower or
<br />Lender, at the request of Lender, to pay all amounts owing under the Lease (other
<br />than Excepted Payments, as defined in the Assignment), and any other lease,
<br />contract, concession, license or other agreement to Lender without proof of the
<br />default relied upon. The Lessee under the Lease or any other tenant or third party
<br />is hereby irrevocably authorized to rely upon and comply with (and shall be fully
<br />protected by Borrower in so doing) any request, notice or demand by Lender for
<br />the payment to Lender of any Rents or other sums which may be or thereafter
<br />become due under its lease, contract, concession, license or other agreement, or
<br />for the performance of any undertakings under any such lease, contract,
<br />concession, license or other agreement, and shall have no right or duty to inquire
<br />whether any default under this Security Instrument or under any of the other Loan
<br />Documents has actually occurred or is then existing. Borrower hereby constitutes
<br />and appoints Lender, its assignees, successors, transferees and nominees, as
<br />Borrower's true and lawful attorney-in-fact and agent, with full power of
<br />substitution in the Mortgaged Property, in Borrower's name, place and stead,
<br />during an Event of Default, to do or permit any one or more of the foregoing
<br />described rights, remedies, powers and authorities, successively or concurrently,
<br />and said power of attorney shall be deemed a power coupled with an interest and
<br />irrevocable so long as any portion of the Debt is outstanding. Any money
<br />advanced by Lender in connection with any action taken under this subparagraph
<br />(viii), together with interest thereon at the Overdue Rate from the date of making
<br />- 42
<br />15445229.4.BUSINESS
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