$~"f~0 51 ~ 8
<br />tions, renovations, repairs ar replacements thereto as may seem
<br />proper to Assignee, and to aply such rents, issues and profits to
<br />the payment of (a} the cost of all such alterations, renovations,
<br />repairs and replacements and expenses incident to taking and
<br />retaining possession of the mortgaged property and the management
<br />and operation thereof, and keeping the same property insured and
<br />(b} all taxes, charges, claims, assessments, water rents and any
<br />other liens which may be prior in lien or payment to the Mortgage
<br />debts, and premiums for said insurance, with interest on all such
<br />items, and {c} the indebtedness secured hereby together with all
<br />costs and attorneys' fees, in such order or priority as to any of
<br />such items, as Assignee in its sole discretion may determine, any
<br />statute, law, custom or use to the contrary notwithstanding.
<br />By aecegting this Assignment, Assignee agrees that i*_
<br />shall upon any such default exercise its option herein and if
<br />such default shall be remedied as permitted hereunder or by the
<br />Mortgages or Notes, and all necessary charges and expenses
<br />incurred by reason thereof paid, the parties hereto shall each he
<br />restored to and reinstated in their respective rights and estates
<br />as if a default had not occurred. Assignor shall thereupon hold
<br />said mortgaged premises subject to said Mortgage and this Assign-
<br />ment as if Assignee had not exercised any option hereunder, but
<br />nothing hereinbefore contained shall impair any right of Assigneee
<br />consequent upon any subsequent breach.
<br />3. Assignee shall not be obligated to perform or discharge,
<br />nor does it hereby undertake to perform or discharge, a:,y
<br />obligation, duty or liability under said lease, or under or
<br />by reason of this Assignment, and Assignor shall and does
<br />hereby agree to indemnify Assignee for and to hold Assignee
<br />harmless of and from any and all liability, loss or damage
<br />which eay or might incur under said lease or under or by reason
<br />of this Assignment and of and from any ;nd all claims and demands
<br />whatsoever which may be asserted against it by reason of any
<br />alleged obligations or undertakings on its part to perform or
<br />discharge any of the terms, covenants or agreements contained in
<br />said lease. SYiauld Assignee incur any such liability, loss or
<br />damage under said lease or under or by reason of this Assignment,
<br />or in defense of any such claims or demands, the amount thereof,
<br />including cost expenses and reasonable attorneys' fees, shall be
<br />secured hereby, and Assignor shall reimburse Assignee therefor
<br />iamediately upon demand, and upon the failure of Assignor to do
<br />so, Assignee may declare all sums secured hereby immediately due
<br />and payable.
<br />~. Upon the payment in full of alI indebtedness secured
<br />hereby, this Assignment shall became and be void and of no
<br />effect, but the affidavit, certificate, letter ar statement
<br />of any officer, supervisor, or attorney of Assignee showing
<br />any part of said indebtedness to remain unpaid shall be and
<br />constitute conclusive evidence of the validity, effectivenes
<br />and continuing farce of this Assignment, and an person may
<br />and is hereby authorized to rely thereon. A demand on the
<br />tenants by Assignee for the payment of the rent on any default
<br />claimed by Assignee shall be sufficient to warrant to said
<br />tenants to make further gayments of rent to Assignee without the
<br />necessity for further consent by the Assignor.
<br />- 3 -
<br />
|