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(ii) if received during or with respect to a period after a foreclosure <br /> sale of the Mortgaged Property: <br /> (1) if the purchaser at the foreclosure sale is not Mortgagee, <br /> first to Mortgagee to the extent of any deficiency of the sale proceeds to <br /> repay the indebtedness secured by this Mortgage, second to the purchaser <br /> as a credit to the redemption price, but if the Mortgaged Property is not <br /> redeemed, then to the purchaser of the Mortgaged Property; <br /> (2) if the purchaser at the foreclosure sale is Mortgagee, first to <br /> Mortgagee to the extent of any deficiency of the sale proceeds to repay the <br /> indebtedness secured by this Mortgage and the balance to be retained by <br /> Mortgagee as a credit to the redemption price, but if the Mortgaged <br /> Property is not redeemed, then to Mortgagee, whether or not such <br /> deficiency exists. <br /> 4.5. Continuing Effect. The rights and powers of Mortgagee under this Assignment <br /> and the application of the Rents shall continue and remain in full force and effect both before and <br /> after commencement of any action or procedure to foreclose this Mortgage, after any foreclosure <br /> sale of Mortgagor's interest in the Property in connection with the foreclosure of this Mortgage, <br /> and until expiration of the period of redemption from any such foreclosure sale, whether or not <br /> any deficiency from the unpaid balance of the Obligations exists after such foreclosure sale. <br /> 4.6. Mortgagee Not Obligated. Mortgagee shall not be obligated by this Assignment <br /> for the control, care, management or repair of the Mortgaged Property, nor for the carrying out of <br /> any of the terms and conditions of the Leases; nor shall this Assignment operate to make <br /> Mortgagee responsible or liable for any waste committed on the Mortgaged Property by the <br /> tenants or any other party, or for any dangerous or defective condition of the Mortgaged <br /> Property, or for any violation of Environmental Laws or for any negligence in the management, <br /> upkeep,repair or control of the Mortgaged Property resulting in any loss or any injury or death to <br /> any person. <br /> 4.7. Hold Harmless. Mortgagor shall and does agree to indemnify and to hold <br /> Mortgagee harmless of and from any and all liability, loss or damage which it may or might <br /> incur under or by reason of this Assignment, and of and from any and all claims and demands <br /> whatsoever which may be asserted against it by reason of any alleged obligations or undertakings <br /> on its part to perform or discharge any of the terms, covenants or agreements contained in the <br /> Leases; provided, however, that such indemnification shall not apply if the same arises out of <br /> Leases intentionally breached by Mortgagee which were made by Mortgagor in the ordinary <br /> course of managing the Mortgaged Property and prior to the time Mortgagee obtained the right <br /> to possess and manage the Mortgaged Property, or if the same arises out of the negligent or <br /> willful act of Mortgagee in operating and using the Mortgaged Property. Should Mortgagee <br /> incur any such liability, loss or damage under any Lease or by reason of this Assignment, or in <br /> the defense of any such claims or demands, the amount thereof, including costs, expenses, and <br /> reasonable attorneys' fees, shall be secured hereby and Mortgagor shall reimburse Mortgagee <br /> therefor immediately upon demand. Mortgagee shall give Mortgagor notice of any such claim <br /> 15 <br /> 477384v3 EL185-40 <br />