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and Assignor shall have the opportunity to defend Mortgagee in connection therewith with <br /> counsel reasonably acceptable to Mortgagee; provided Mortgagee's failure to give such notice <br /> and opportunity to defend shall not affect Mortgagor's obligations under this Section except to <br /> the extent Mortgagor is actually prejudiced by such failure. <br /> 4.8. Authorization to Tenants. The tenants under any of the Leases are hereby <br /> irrevocably authorized and directed to recognize the claims of Mortgagee or its assigns <br /> hereunder without investigating the reason for any action taken by Mortgagee, or the validity or <br /> the amount of indebtedness owing to Mortgagee, or the existence of any such event of default, or <br /> the application of the Rents to be made by Mortgagee. Mortgagor hereby irrevocably directs and <br /> authorizes each tenant to pay to Mortgagee all sums due under its Lease and consents and directs <br /> that said sums shall be paid to Mortgagee without the necessity for a judicial determination that <br /> any such event of default has occurred or that Mortgagee is entitled to exercise its rights <br /> hereunder, and to the extent such sums are paid to Mortgagee, Mortgagor agrees that the tenants <br /> shall have no further liability to Mortgagor for the same. The sole signature of Mortgagee shall <br /> be sufficient for the exercise of any rights under this Assignment and the sole receipt of <br /> Mortgagee for any sums received shall be a full discharge and release therefor to the tenants or <br /> occupants of the Mortgaged Property. <br /> 4.9. Mortgagee Attorney-in-Fact. Mortgagor hereby irrevocably appoints Mortgagee <br /> as its agent and attorney in fact, which appointment is coupled with an interest, to exercise any <br /> rights or remedies hereunder and to execute and deliver during the term of this Assignment such <br /> instruments as Mortgagee may deem necessary to make this Assignment and any further <br /> assignment effective. <br /> 4.10. Mortgagee Not in Possession. Nothing herein contained and no actions taken <br /> pursuant to this Assignment shall be construed as constituting Mortgagee a "Mortgagee in <br /> Possession." <br /> 16 <br /> 477384v3 EL185-40 <br />