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any renewals or extensions thereof, for the purpose of securing payment of the indebtedness of the Mortgagor under the Note and the documents related thereto. The Mortgagor does hereby 'irrevocably appoint the Mortgagee as the Miortgagior's true and lawful attorney in the Mortgagor's name, place and stead, with or without taking possession of the Mortgaged Property, to rent, lease, sublease, let or sublet all or any portion ofthe Mortgaged Property to any party or parties at such rental and upon such terms, as the Mortgagee in the Mortgagee's discretion may determine, and to collect all of saild avails, rents income, issues and profits arising from or accruing at any time hereafter under each and all of such leases and agreements,, with the same rights and powers and subject to the same ire mmuni , ties, exonleration of liability and rights of recourse and indemnity as the Mortgagee would have upion taking possession of the Mortgaged Property. The Mortgagor represents and agrees that no rent has been or will be paid in advance by any persons in possession of all or any portion of the Mortgaged Plroplerty for a period of more than one month and that the payment of none of the rents to accrue for all or any portion of the Mortgaged Property has or will be waived, released, reduced or discounted, or otherwise discharged or compromised, by the Mortgagor, except in the ordinary course of the Mortgagor's business and so as to not unduly impair the security provided to the Mortgagee by this Mortgage. The Mortgagor waives any right of setoff against any person in possession of all or any portion of the Mortgaged Property. The Mortgagor represents that the Mortgagor has, not assigned any of said rents or profits to any third party and agrees that the Mortgagor will not so assign any of said rents or profits without the prior written consent of the Mortgagee. Nothing contained herein shall be construed as constituting the Mortgagee "'a mortgagee in possession" in the absence of the taking of actual possession of the Mortgaged Property by the Mortgagee. In the exercise of the powers herein, granted to the Mortgagee, no liability shall be asserted or enforced against the Mortgagee, all such, liability being expressly waived and released by the Mortgagor. The Mortgagor further agrees to assign and transfer to the Mortgagee all rents from future leases or subleases upon all or any part of the Mortgaged Property and to execute and deliver, immediately upon request of the Mortgagee, all such further assuranices and assignments 'in the Mortgaged Property as the Mortgagee from time to tirne shall require. Although it is the 'Intention of the parties that this Assignment of Rents shall be a present assigriment, it is expressly understood and agreed that, anything herein contained to the contrary notwithstanding, the Mortgagee shall not exercise any of the rights and powers conferred upon the Mortgagee herein unless and until the Note has been accelerated pursuant to its terms upon an Event of Default as defined in the Loan Agreement and nothing herein contained shall be deemed to affect or it any rights which the Mortgagee may have under thie Note, this Mortgage or any other document or agreement related hereto or thereto,, Upon the occurrence at any time of an Event of Del"ault and during the continuance thereof, the Mortgagee, without in any way waiving such default, may. 2150387vl 6