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13135953v2 <br /> <br /> <br />16 <br /> <br />29. Application of Rents, Profits and Income. All Rents collected by the Mortgagee or <br />the receiver each month shall be applied as provided hereinabove. The rights and <br />powers of the Mortgagee under this Assignment and the application of Rents <br />under this paragraph 29 shall continue until expiration of the redemption period <br />from any foreclosure sale, whether or not any deficiency remains after a <br />foreclosure sale. <br />30. No Liability for Mortgagee. The Mortgagee shall not be obligated to perform or <br />discharge, nor does it hereby undertake to perform or discharge, any obligation, <br />duty or liability of the Mortgagor under the Leases. This Assignment shall not <br />operate to place upon the Mortgagee responsibility for the control, care, <br />management or repair of the Mortgaged Property or for the carrying out of any of <br />the terms and conditions of the Leases. The Mortgagee shall not be responsible or <br />liable for any waste committed on the Mortgaged Property, for any dangerous or <br />defective condition of the Mortgaged Property, for any negligence in the <br />management, upkeep, repair or control of said Mortgaged Property or for failure <br />to collect the Rents. <br />31. Mortgagor’s Indemnification. The Mortgagor shall and does hereby agree to <br />indemnify and to hold Mortgagee harmless of and from any and all claims, <br />demands, liability, loss or damage (including all costs, expenses, and reasonable <br />attorney’s fees in the defense thereof) asserted against, imposed on or incurred by <br />the Mortgagee in connection with or as a result of this Assignment or the exercise <br />of any rights or remedies under this Assignment or under the Leases or by reason <br />of any alleged obligations or undertakings of the Mortgagee to perform or <br />discharge any of the terms, covenants or agreements contained in the Leases. <br />Should the Mortgagee incur any such liability, the amount thereof, together with <br />interest thereon, shall be secured hereby and the Mortgagor shall reimburse the <br />Mortgagee therefor immediately upon demand. <br />32. Authorization to Tenant. Upon notice from the Mortgagee that it is exercising the <br />remedy set forth in paragraph 28(b) of this Assignment, the tenants under the <br />Leases are hereby irrevocably authorized and directed to pay to the Mortgagee all <br />sums due under the Leases, and the Mortgagor hereby consents and directs that <br />said sums shall be paid to the Mortgagee without the necessity for a judicial <br />determination that a default has occurred hereunder or that Mortgagee is entitled <br />to exercise its rights hereunder, and to the extent such sums are paid to <br />Mortgagee, the Mortgagor agrees that the tenant shall have no further liability to <br />Mortgagor for the same. The signature of the Mortgagee alone shall be sufficient <br />for the exercise of any rights under this Assignment and the receipt of the <br />Mortgagee alone for any sums received shall be a full discharge and release <br />therefor to any such tenant or occupant of the Mortgaged Property. Checks for all <br />or any part of the Rents collected under this Assignment shall upon notice from <br />the Mortgagee be drawn to the exclusive order of the Mortgagee. <br />33. Mortgagee an Attorney In Fact. Upon an Event of Default, the Mortgagor hereby <br />irrevocably appoints the Mortgagee, and its successors and assigns, as its agent