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(2) if the purchaser at the foreclosure sale is the Assignee, to the <br />Assignee to the extent of deficiency of the sale proceeds to repay <br />the indebtedness secured by the Mortgage or this Lease <br />Assignment and the balance to be retained by the Assignee as a <br />credit to the redemption price, but if the Mortgaged Property is not <br />redeemed, then to the Assignee, whether or not any such <br />deficiency exists. <br />The rights and powers of the Assignee under this Lease Assignment and the <br />application of Rents under this paragraph 7 shall continue until expiration of the redemption <br />period from any foreclosure sale, whether or not any deficiency remains after a foreclosure sale. <br />8. No Liability for Assignee. The Assignee shall not be obligated to perform or <br />discharge, nor does it hereby undertake to perform or discharge, any obligation, duty or liability <br />of the Assignor under the Leases. This Lease Assignment shall not operate to place upon the <br />Assignee responsibility for the control, care, management or repair of the Mortgaged Property or <br />for the carrying out of any of the terms and conditions of the Leases. The Assignee shall not be <br />responsible or 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 management, upkeep, <br />repair or control of said Mortgaged Property or for failure to collect the Rents. <br />9. Assignor's Indemnification. The Assignor shall and does hereby agree to <br />indemnify and to hold Assignee harmless of and from any and all claims, demands, liability, loss <br />or damage (including all costs, expenses and reasonable attorneys fees in the defense thereof) <br />asserted against, imposed on or incurred by the Assignee in connection with or as a result of this <br />Lease Assignment or under the Leases or by reason of any alleged obligations or undertakings of <br />the Assignee to perform or discharge any of the terms, covenants or agreements contained in the <br />Leases. Should Assignee incur any such liability, the amount thereof, together with interest <br />thereon at the lesser of the rate of interest provided in the Notes and the highest rate permitted by <br />law, shall be secured hereby and by the Mortgage and the Assignor shall reimburse the Assignee <br />therefor immediately upon demand. <br />10. Authorization to Tenant. Upon notice from the Assignee that it is exercising the <br />remedy set forth in paragraph 6(b) of this Lease Assignment, the tenants under the Leases are <br />hereby irrevocably authorized and directed to pay to the Assignee all sums due under the Leases, <br />and the Assignor hereby consents and directs that said sums shall be paid to the Assignee without <br />the necessity for a judicial determination that a default has occurred hereunder or under the <br />Mortgage or that Assignee is entitled to exercise its rights hereunder, and to the extent such sums <br />are paid to Assignee, the Assignor agrees that the tenant shall have no further liability to <br />Assignor for the same. The signature of the Assignee alone shall be sufficient for the exercise of <br />any rights under this Assignment and the receipt of the Assignee alone for any sums received <br />shall be a full discharge and release therefor to any such tenant or occupant of the Mortgaged <br />Property. Checks for all or any part of the Rents collected under this Assignment shall upon <br />notice from the Assignee be drawn to the exclusive order of the Assignee. <br />5 <br />