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<br />received by such lessees who are expressly relieved of any and all duty, liability, or obligation to
<br />Grantor in respect of all payments so made.
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<br />3.6Remedies.
<br /> From and after any Event of Default that has not been cured,
<br />Beneficiary is hereby vested with full power to use all measures, legal and equitable, deemed by
<br />it necessary or proper to enforce this assignment and to collect the Rents assigned hereunder,
<br />including the right of Beneficiary, its designee, or a receiver to enter upon the Premises, or any
<br />part thereof, with or without force and with process of law, and take possession of all or any part
<br />of the Premises together with all personal property, fixtures, documents, books, records, papers
<br />and accounts of Grantor relating thereto, and may exclude the Grantor, its agents and servants,
<br />wholly therefrom. Grantor hereby grants full power and authority to Beneficiary to exercise all
<br />rights, power and authority herein granted at any and all times after any Event of Default that has
<br />not been cured, without further notice to Grantor, with full power to use and apply all of the
<br />Rents to the payment of the costs of managing and operating the Premises and the leasehold
<br />interest therein and of any indebtedness or liability of Grantor to Beneficiary, including but not
<br />limited to the payment of taxes, special assessments, insurance premiums, damage claims, the
<br />cost of maintaining, repairing, rebuilding and restoring the improvements on the Premises or of
<br />making the same rentable, attorneys' fees incurred in connection with the enforcement of this
<br />assignment, and of principal and interest payments due from Grantor to Beneficiary on the Note
<br />and the other Loan Documents, all in such order as Beneficiary may determine according to
<br />provisions of the Note and the other Loan Documents executed herewith.
<br />
<br />3.7Beneficiary's Liability.
<br /> Beneficiary shall be under no obligation to exercise or
<br />prosecute any of the rights or claims assigned to it hereunder or to perform or carry out any of
<br />the obligations of the lessor under any of the Leases and does not assume any of the liabilities in
<br />connection with or growing out of the covenants and agreements of Grantor in the Leases. It is
<br />further understood that this assignment shall not operate to place responsibility for the control,
<br />care, management or repair of the Premises or leasehold interest therein, or parts thereof, upon
<br />Beneficiary, nor shall it operate to make Beneficiary liable for the performance of any waste of
<br />the Premises by any lessee under any of the Leases or any other person, or for any dangerous or
<br />defective condition of the Premises, or for any negligence in the management, upkeep, repair or
<br />control of the Premises resulting in loss or injury or death to any lessee, licensee, employee or
<br />stranger, or for any environmental hazard on the Premises. The acceptance by Beneficiary of
<br />this assignment, with all of the rights, powers, privileges, and authority so created shall not, prior
<br />to entry upon taking possession of the Premises by Beneficiary, be deemed or construed to
<br />constitute Beneficiary a "mortgagee-in-possession." Grantor hereby agrees to indemnify and
<br />hold Beneficiary harmless from any and all liability, loss, damage, or expense which Beneficiary
<br />may incur under or by reason of this assignment; or for any action taken by Beneficiary
<br />hereunder; or by reason or in defense of any and all claims and demands whatsoever which may
<br />be asserted against Beneficiary arising out of the Leases.
<br />ARTICLE IV
<br />EVENTS OF DEFAULT
<br />
<br />4.1Events of Default.
<br /> The Note shall become due at the option of Beneficiary upon
<br />the occurrence of any of the following events (hereinafter referred to as the "Events of Default"):
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