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(d) to payment of all premiums then due for the insurance required by <br /> the provisions of this Mortgage or, if this Mortgage so requires, to the periodic <br /> escrow for the payment thereof; <br /> (e) to payment of expenses incurred for normal maintenance of the <br /> Mortgaged Property; <br /> (0 if received prior to any foreclosure sale of the Mortgaged Property <br /> to Mortgagee for payment of the indebtedness secured by this Mortgage, but no <br /> such payment made after acceleration of the indebtedness shall affect such <br /> acceleration; and <br /> (g) 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 /> Section 4.5 Continuing Effect. The rights and powers of Mortgagee under this <br /> Assignment and the application of the Rents shall continue and remain in full force and <br /> effect both before and after commencement of any action or procedure to foreclose this <br /> Mortgage, after any foreclosure sale of Mortgagor's interest in the Property in connection <br /> with the foreclosure of this Mortgage, and until expiration of the period of redemption <br /> from any such foreclosure sale, whether or not any deficiency from the unpaid balance of <br /> the Indebtedness exists after such foreclosure sale. <br /> Section 4.6 Mortgagee Not Obligated. Mortgagee shall not be obligated by <br /> this Assignment for the control, care, management or repair of the Mortgaged Property, <br /> nor for the carrying out of any of the terms and conditions of the Leases; nor shall this <br /> Assignment operate to make Mortgagee responsible or liable for any waste committed on <br /> the Mortgaged Property by the tenants or any other party, or for any dangerous or <br /> defective condition of the Mortgaged Property or for any negligence in the management, <br /> upkeep, repair or control of the Mortgaged Property resulting in any loss or any injury or <br /> death to any person. <br /> Section 4.7 Hold Harmless. Mortgagor shall and does agree to indemnify and <br /> to hold Mortgagee harmless of and from any and all liability, loss or damage which it <br /> may or might incur under or by reason of this Assignment, and of and from any and all <br /> 385595v3 JSB ELI 85-12 <br /> -14- <br />