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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 theLeases 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 />477340v3 EL185-40 <br /> <br />