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<br />5. Remedies. Open or at any time after default in the
<br />payment of any Indebtedness Secured Hereby or in the performance
<br />of any obligation, covenant or agreement herein or in said Note
<br />and Deed of Trust contained or if any representation or warranty
<br />proves to be untrue, the Assignee may declare all Indebtedness
<br />Secured Hereby immediately due and payable, may .revoke the privi-
<br />lege granted Assignor hereunder to collect the Rents, and may, at
<br />its option, without notice, either in person or by agent, with or
<br />without taking possession of or entering the Premises, with or
<br />without bringing any action or proceeding, or by a receiver to be
<br />appointed by a court, collect all of the Rents payable under the
<br />leases, enforce the payment thereof and exercise all of the
<br />rights of the Assignor under the leases and all of the rights of
<br />the Assignee hereunder, and may enter upon, take possession of,
<br />manage and operate said Premises, or any part thereof; may cancel,
<br />enforce or modify the leases, and fix or modify Rents, and do any
<br />acts which the Assignee deems proper to protect the security
<br />hereof with or without taking possession of said Premises, and
<br />may apply the same *_o the costs and expenses of operation, manage-
<br />ment and collection, including reasonable attorney's fees, to the
<br />payment of the expenses of any agent appointed by Assignee, to
<br />the payment of taxes, assessments, insurance premiums and expendi-
<br />tures for the upkeep of the Premises, to the performance of the
<br />landlord's obligation under the leases and to any Indebtedness
<br />Secured Hereby all in such order as the Assignee may determine,
<br />The entering upon and taking possession of said Premises, the
<br />collection of such Rents, and the application thereof as afore-
<br />said, shalt not cure or waive any default or waive, modify or
<br />affect notice of default under said Mortgage or invalidate any
<br />act done pursuant to such notice nor in any way operate to prevent
<br />the Assignee from pursuing any remedy which it now or hereafter
<br />may have under the terms or conditions of said Deed of Trust or
<br />the Note secured thereby or any other instrument securing the
<br />same.
<br />6. No Liabilitx For Assignee. The Assignee shall not be
<br />obligated to perform or discharge, nor does it hereby undertake
<br />to perform or discharge any obligation, duty or liability under
<br />the leases nor shall this Assignment operate to plac.r:. responsi-
<br />bility for the control, r,.are, management or repair of the Premises
<br />upon the Assignee nor for the carrying out of :s.ny af` the terms
<br />and conditions of said I+?ases; nor shall it operat:.> to make trr~
<br />Assignee responsible or liable far any waste committed on the
<br />Premises, or for any dangerous or defective condition of the
<br />Premises, oz for any negligence in the management, upkeep, repair
<br />or control of said Premises resulting in loss or injury or death
<br />to any tenant, licensee, employee or stranger nor liable for
<br />laches or failure to collect the Rents and Assignee Siiaii be
<br />liable only for such moneys as are actually received by it.
<br />7. Assignor Hold Assignee Harmless_ The Assignor shall
<br />and does hereby agree to indemnify and to hold Assignee harmless
<br />of and from any and all liabi-lity, loss or damage which it may ar
<br />might incur under the leases or under or by reason of this Assign-
<br />ment and of and from any and all claims and demands whatsoever
<br />which may be asserted against i.t by reason of any alleged obliga-
<br />tions or undertakings an its part to perform or discharge any of
<br />the terms, covenants or agreements contained in said leases.
<br />Should the Assignee incur any such l:i.ability, or in the defense
<br />of any such rlaims oz demands, the amount thereof, including
<br />casts, expenses, and reasonable attorney's fees, shall be secured
<br />hereby, shall be added to the Indebtedness Secured Hereby, and
<br />Assignor shall reimburse the Assignef;a therefor immediately upon
<br />demand, and upon the failure of Assignor so to do the Assignee
<br />may declare all Indebtedness Secured Aereby immediately due and
<br />payable.
<br />8. Authorization To Tenant. The tenants under the leases
<br />are hereby irrevocably authorized and directed to recognize thE:
<br />c:Iaims of Assignee ar any receiver appointed hereunder without
<br />investigating the reason for any action taker. by the Assignee ~>x-
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