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13135953v2 <br /> <br /> <br />17 <br /> <br />and attorney in fact, which appointment is coupled with an interest, with the right <br />but not the duty to exercise any rights or remedies hereunder and to execute and <br />deliver during the term of this Assignment such instruments as the Mortgagee <br />may deem appropriate to make this Assignment and any further assignment <br />effective, including without limiting the generality of the foregoing, the right to <br />endorse on behalf and in the name of the Mortgagor all checks from tenants in <br />payment of Rents that are made payable to the Mortgagor. <br />34. Mortgagee Not a Mortgagee in Possession. Nothing herein contained and no <br />actions taken pursuant to this Assignment shall be construed as constituting the <br />Mortgagee a mortgagee in possession. <br />35. Specific Assignment of Leases. The Mortgagor will transfer and assign to the <br />Mortgagee, upon written notice by Mortgagee, any and all specific Leases that the <br />Mortgagee requests. Such transfer or assignment by the Mortgagor shall be upon <br />the same or substantially the same terms and conditions as are herein contained, <br />and the Mortgagor will properly file or record such assignments, at the <br />Mortgagor’s expense, if requested by the Mortgagee. <br />36. Unenforceable Provisions Severable. All rights, powers and remedies provided <br />herein may be exercised only to the extent that the exercise thereof does not <br />violate any applicable law, and are intended to be limited to the extent necessary <br />so that they will not render this Assignment invalid, unenforceable or not entitled <br />to be recorded, registered or filed under any applicable law. If any term of this <br />Assignment shall be held to be invalid, illegal or unenforceable, the validity of <br />other terms hereof shall in no way be affected thereby. <br />37. Successors and Assigns. The covenants and agreements herein contained shall <br />bind, and the rights hereunder shall inure to the respective successors and assigns <br />of the Mortgagor and the Mortgagee, including any purchaser at a foreclosure <br />sale. <br />38. Addresses for Notice and Demands. All notices, demands, certificates or other <br />communications hereunder shall be personally delivered or mailed by registered <br />or certified mail, postage prepaid, with proper address as indicated below. The <br />Mortgagor and the Mortgagee may, by written notice given by each to the others, <br />designate any address or addresses to which notices, demands, certificates or <br />other communications to them shall be sent when required as contemplated by <br />this Mortgage. Until otherwise provided by the respective parties, all notices, <br />demands, certificates and communications to each of them shall be addressed as <br />follows: <br />To the Mortgagor: Harmony Care Center, Inc. <br /> 7171 Ohms Lane <br /> Edina, MN 55439 <br /> Attention: Chief Financial Officer