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201001992 <br />in its discretion deems proper; and <br />(vi) Either with or without taking possession of the Property, in its own <br />name sue for or otherwise collect and receive all of the Rents and any sums due under the <br />Contracts, including those past due and unpaid, and apply the same, less reasonably incurred <br />attorneys' fees, upon any indebtedness secured hereby or by the Loan Documents, and in such <br />order as Lender may determine. The entering and taking possession of the Property, the <br />collection of the Rents and other sums due under the Contracts and the application of the same to <br />the indebtedness secured hereby, as aforesaid, shall not, until Assignor's obligations to Lender <br />are paid in full, cure or waive any default or waive, modify or affect any notice of default under <br />the Loan Documents or invalidate any act done pursuant to such notice. Assignor further <br />acknowledges that the right and remedies set Forth herein are cumulative of any other rights and <br />remedies available under the Loan Documents, at law or in equity. <br />(c) Any default by Assignor hereunder or by Assignor or RGC under the Loan <br />Documents shall constitute an "Event of Default" hereunder entitling Lender to all of its rights <br />and remedies thereunder. <br />(d) Lender shall not be obligated to perform nor does it hereby undertake to <br />perform any obligation under the Leases, the Contracts or this Assignment. <br />(e) Until all indebtedness secured hereby has been paid in full, any of the <br />Leases and Contracts entered into subsequent to the date hereof shall be deemed to be assigned to <br />Lender hereby, upon the terms and conditions herein contained, and Assignor agrees to execute <br />any further documents requested by Lender to evidence said assignment. <br />(~ Upon the payment and satisfaction in full of all the indebtedness and <br />obligations secured hereby and by the Loan Documents, this Assignment shall automatically <br />terminate and shall be of no further force or effect. In such an event, Lender agrees to execute <br />any document reasonably necessary to release its interest hereunder, all at no cost to Lender. The <br />affidavit of any officer of Lender showing any part of said indebtedness to remain unsatisfied <br />shall be conclusive evidence of the validity, effectiveness and continuing force of this <br />Assignment, and any person may and is hereby authorized to rely thereon. <br />6. Miscellaneous. <br />(a) This Assignment inures to the benefit of, and binds, all parties hereto, their <br />heirs, administrators, executors, successors and assigns. In this Assignment, whenever the <br />context so requires, the masculine gender includes feminine and neuter, and the singular number <br />includes plural, and conversely. <br />(b) All notices, requests and other communications hereunder shall be deemed <br />to have been duly given and received if delivered in accordance with the provisions set forth in <br />b <br />