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HomeMy WebLinkAbout0335 however, that any action, or failure or refusal to act, by the Assignee under this subparagraph 2.2 shall be at ite election and Without any liability on its part. 2.3 The Assignee shall apply the net amount of rents, issues and profits received by it froze the Mortgaged Premises, after payment of all proper costs and charges (including any liability, loss, expense or .daaage hreinafter referred to in paragraph S hereof), first to the payment, when due, of the installments of interest payable under the Note and thereafter to the payment of priacipal thereunder. Any of such funds remaining after such application shall be paid as soon as reasonably practicable by the Assignee to the Assignor or paid over to such persons as the Assignor may designate to the Assignee in writing. 2.4 The Assignee shall be accountable to the Assignor only for monies actually received by the Assignee pursuant to this assignment and the acceptance of this assignment shall not constitute a satisfaction of any indebtedness, liability or obligations, or any part thereof,-now or hereafter owned by the Assignor to the Assignee, except to the extent of amounts actually received and applied by the Assignee on account of the same. 2.5 The rights and powers of the Assignee hereunder shall continue and remain in full force and effect until all amounts secured hereby, including any deficiency resulting from foreclosure sale, are paid in full, and shall continue after commencement of foreclosure and after foreclosure sale and until expiration of the equity of redemption, notwithstanding sale of the Mortgaged Premises to a purchaser other than the Assignee. Assignee shall not be liable to Assignor or any one claiming under or through Assignor by reason of anything done or left undone by Assignee hereunder. -f 2.6 For~the purposes of this paragraph 2, a default shall be deemed to be cured only when the Assignor shall have paid in full all s sums owing and past due and/or shall have performed all other terms, c rnrenants and license hereinabove mentioned in paragraph 1 hereof. l1 6f}~~~~ ~At~ Vuir -5- ' , ~ j