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(ii) if received during or with respect to a period after is foreclosure <br />sale of the Mortgaged Property: <br />(1) if the purchaser at the foreclosure sale is nit Mortgagee, <br />first to Mortgagee to the extent of any deficiency of the sae 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 Pj operty 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 �e retained by <br />Mortgagee as a credit to the redemption price, but if toe 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 thils Assignment <br />and the application of the Rents shall continue and remain in full force and effect b6th before and <br />after commencement of any action or procedure to foreclose this Mortgage, after at y 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, Xl hether or not <br />any deficiency from the unpaid balance of the Obligations exists after such fore:closlure sale. <br />4.6. Mortgagee Not Obligated. Mortgagee shall not be obligated b;y this Assignment <br />for the control, care, management or repair of the Mortgaged Property, nor for the darrying out of <br />any of the terms and conditions of the Leases; nor shall this Assignment op$rate to make <br />Mortgagee responsible or liable for any waste committed on the Mortgaged Prbperty by the <br />tenants or any other party, or for any dangerous or defective condition of the Mortgaged <br />Property, or for any violation of Environmental Laws or for any negligence in. the! management, <br />upkeep, repair or control of the Mortgaged Property resulting in any loss or any injury or death to <br />any person. <br />4.7. Hold Harmless. Mortgagor shall and does agree to indemnify; and to hold <br />Mortgagee harmless of and from any and all liability, loss or damage which it may or might <br />incur under or by reason of this Assignment, and of and from any and all claims; and demands <br />whatsoever which may be asserted against it by reason of any alleged obligations of undertakings <br />on its part to perform or discharge any of the terms, covenants or agreements colitained in the <br />Leases; provided, however, that such indemnification shall not apply if the samI6 arises out of <br />Leases intentionally breached by Mortgagee which were made by Mortgagor i the ordinary <br />course of managing the Mortgaged Property and prior to the time Mortgagee obt fined the right <br />to possess and manage the Mortgaged Property, or if the same arises out of th negligent or <br />willful act of Mortgagee in operating and using the Mortgaged Property. 5ho Id Mortgagee <br />incur any such liability, loss or damage under any Lease or by reason of this Ass gement, or in <br />the defense of any such claims or demands, the amount thereof, including costs, expenses, and <br />reasonable attorneys' fees, shall be secured hereby and Mortgagor shall reirnbu�,se Mortgagee <br />therefor immediately upon demand. Mortgagee shall give Mortgagor notice of a$iy such claim <br />15 <br />4875190 ELI 8545 <br />