BE CONSTRUED AS CONSTITUTING LENDER A "MORTGAGEE IN POSSESSION" IN THE
ABSENCE OF THE TAKING OF ACTUAL POSSESSION OF THE PROPERTY BY LENDER.
IN THE
EXERCISE OF THE POWERS HEREIN GRANTED LENDER, NO LIABILITY SHALL BE ASSERTED OR
ENFORCED AGAINST LENDER, ALL SUCH LIABILITY BEING EXPRESSLY WAIVED AND RELEASED
BY BORROWER.
6
SECTION 4.3.
FURTHER ASSURANCES.
BORROWER WILL, AT THE COST OF
BORROWER, AND WITHOUT EXPENSE TO LENDER, DO, EXECUTE, ACKNOWLEDGE AND DELIVER
ALL FURTHER ACTS, CONVEYANCES, ASSIGNMENTS, NOTICES OF ASSIGNMENTS, TRANSFERS
AND ASSURANCES AS LENDER SHALL, FROM TIME TO TIME, REQUIRE FOR THE BETTER
ASSURING, CONVEYING, ASSIGNING, TRANSFERRING AND CONFIRMING UNTO LENDER THE
PROPERTY AND RIGHTS HEREBY ASSIGNED OR INTENDED NOW OR HEREAFTER SO TO BE, OR
WHICH BORROWER MAY BE OR MAY HEREAFTER BECOME BOUND TO CONVEY OR ASSIGN TO
LENDER, OR FOR CARRYING OUT THE INTENTION OR FACILITATING THE PERFORMANCE OF THE
TERMS OF THIS ASSIGNMENT OR FOR FILING, REGISTERING OR RECORDING THIS ASSIGNMENT
AND, ON DEMAND, WILL EXECUTE AND DELIVER AND HEREBY AUTHORIZES LENDER TO EXECUTE
IN THE NAME OF BORROWER TO THE EXTENT LENDER MAY LAWFULLY DO SO, ONE OR MORE
FINANCING STATEMENTS, CHATTEL MORTGAGES OR COMPARABLE SECURITY INSTRUMENTS, TO
EVIDENCE MORE EFFECTIVELY THE LIEN AND SECURITY INTEREST HEREOF IN AND UPON THE
LEASES.
ARTICLE 5.
MISCELLANEOUS PROVISIONS
SECTION 5.1.
NO ORAL CHANGE.
THIS ASSIGNMENT AND ANY PROVISIONS
HEREOF MAY NOT BE MODIFIED, AMENDED, WAIVED, EXTENDED, CHANGED, DISCHARGED OR
TERMINATED ORALLY, OR BY ANY ACT OR FAILURE TO ACT ON THE PART OF BORROWER OR
LENDER, BUT ONLY BY AN AGREEMENT IN WRITING SIGNED BY THE PARTY AGAINST WHOM THE
ENFORCEMENT OF ANY MODIFICATION, AMENDMENT, WAIVER, EXTENSION, CHANGE, DISCHARGE
OR TERMINATION IS SOUGHT.
SECTION 5.2.
DEFINED TERMS.
ALL CAPITALIZED TERMS NOT DEFINED HEREIN
SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE LOAN AGREEMENT.
SECTION 5.3.
GENERAL DEFINITIONS.
UNLESS THE CONTEXT CLEARLY
INDICATES A CONTRARY INTENT OR UNLESS OTHERWISE SPECIFICALLY PROVIDED HEREIN,
WORDS USED IN THIS ASSIGNMENT MAY BE USED INTERCHANGEABLY IN SINGULAR OR PLURAL
FORM AND THE WORD "BORROWER" SHALL MEAN "EACH BORROWER AND ANY SUBSEQUENT OWNER
OR OWNERS OF THE PROPERTY OR ANY PART THEREOF OR INTEREST THEREIN," THE WORD
"LENDER" SHALL MEAN "LENDER AND ANY SUBSEQUENT HOLDER OF THE NOTE, THE WORD
"NOTE" SHALL MEAN "THE NOTE AND ANY OTHER EVIDENCE OF INDEBTEDNESS SECURED BY
THE LOAN AGREEMENT, THE WORD "PROPERTY" SHALL INCLUDE ANY PORTION OF THE
PROPERTY AND ANY INTEREST THEREIN, THE PHRASES "ATTORNEYS' FEES", "LEGAL FEES"
AND "COUNSEL FEES" SHALL INCLUDE ANY AND ALL ATTORNEY'S, PARALEGAL AND LAW CLERK
FEES AND DISBURSEMENTS, INCLUDING, BUT NOT LIMITED TO, FEES AND DISBURSEMENTS AT
THE PRE-TRIAL, TRIAL AND APPELLATE LEVELS INCURRED OR PAID BY LENDER IN
PROTECTING ITS INTEREST IN THE PROPERTY, THE LEASES AND THE RENTS AND ENFORCING
ITS RIGHTS HEREUNDER; WHENEVER THE CONTEXT MAY REQUIRE, ANY PRONOUNS USED HEREIN
SHALL INCLUDE THE CORRESPONDING MASCULINE, FEMININE OR NEUTER FORMS, AND THE
SINGULAR FORM OF NOUNS AND PRONOUNS SHALL INCLUDE THE PLURAL AND VICE VERSA.
TERMS USED HEREIN THAT ARE DEFINED IN