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I L RYAN AND RYAN, P.A. ATTQRN&VS AT lAW P.O.80X205 500 COURT STREET CLAY CENTER. KS fj}432 19131 632,5666 IU 88~ 100317 -5- 12.. WAIVEP. . Any forbearance by the Mortgagee in exercising any right or remedy provided under this mortgage, or other wise afforded by applicable law, shall not be waiver of or preclude the exer~ise of any such right or remedy. The procurement of insurance, the payment of taxes, insurance premiums, or other liens or charges, or the performance of any of the Mortgagor's agreements or covenants by the Mortgagee shall not be a waiver of the Mortgagee's right to accelerate the maturity of the indebtedness secured by this mortgage or to foreclose this mortgage. All remedies provided in this mortgage are distinct and cumulative to any other right or remedy under this mortgage or afforded by law and may be exercised concurrently, independently or successively. 13. SUCCESSORS AND ASSIGNS. Whenever the singular or plural number, or the masculine or feminine gender is used herein, it shall equally include the other. Every mention of the Mortgagor shall refer to the each of them individually and all of them collectively and shall include their heirs, executors, administrators and legal representatives. 14. RECEIVER. If any action be brought to foreclose this mortgage, the court may on motion of the Mortgagee, without respect to the condition or value of the Mortgaged Property, appoint a receiver to take immediate possession of the Mortgaged Property, to maintain and lease the same, and to collect the rents and profits arising therefrom during the pendency of such foreclosure. All rent and profit due and owing upon ini.tiation of foreclosure or thereafter become due and owing is hereby assigned by the Mortgagor to the Mortgagee. All rents and profits collected by the receiver shall be applied first to payment of the cost of management of the Mortgaged Property and collection of rents and profits, including, but not limited to, receiver's fees and premiums of receiver's bonds, and then to the sum secured by this mortgage. 15. INVALID PROVISIONS TO AFFECT NO OTHERS. If anyone or more of the covenants, agreements, terms, or provisions contained in this mortgage or in the promissory note secured by this mortgage shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms and provisions contained herein and in the promissory note shall in no way be affected. 16. NOTICES. Except for any notice required by law to be given in another manner, any notice shall be given by delivering or mailing such notice to the designated in the first paragraph of this mortgage or to such other address as may be designated by written notification. ,-~ I II II ;' , t:. i .. I .< ~ ,. ~ ~