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85,0011(;g , gent or b (3) Second Party, in person by a appointed receiver, shall be entitled to enter upon,�dtakel osse- F Sion of an manage the property and collect the rents, us those past due. All rents so collected shall be appli inclding ed first to the costs of management of the property and collection of rents, and then to the sums secured by this Mortgage and Security Agree- ment. Second Party shall be liable to account only for those rents actually received. No remedy herein conferred upon or reserved to Second Party is intended to be exclusive of any other remedy, but every remedy herein provided shall be cumulative, and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity, or by statute; and every power and remedy given by this Mortgage and Security Agreement to Second Party may be exercised from time to time and as often as may be deemed expedient. No delay or omission by Second Party to exercise any right or power arising from any default shall impair any such right or power or shall be construed to be a waiver of any default or an acquiescence therein. In case Second Party shall have proceeded to enforce any right under this Mortgage by fore- closure, entry or otherwise, and such proceedings shall have been discontinued or abandoned because of waiver or for any other rea- son, or shall have been determined adversel and every such case, First Party and SecondyPartynshall severally �Ind in such and respectively be restored to their former positions hereunder in respect of the Mortgaged and rights Pro, remedies and power of Second Party shaperty, and ll continue as though all rights, such proceedings had been taken. no Should the Second Party, or its successors or assigns, be made defendant in any suit involving the title to any of the ies �hetlienhofethisoMortgageoandnSecurigyt pro - Agreement ,ytor priority of agreed that in every such case an attorney's fee in a reasonable it is amount shall be fixed by the court in which said suit may be pending, and may be adjudged in favor of the attorney or attor- neys of record representing the said party therein, which fee shall be adjudged against the First Party, therefor as a part of the costs of such pro ceedinon motion made therein gs, and that such reasonable costs and expenses of the said party shall also be fixed and adjudged as costs therein by the court, and it is agreed that all such fees, costs and expenses of every such pro- ceeding shall be adjudged against said adjudged shall be secured b Party, and when so y this MortgFir and Security Agree_ meat. this Mortgage and Security Agreernerit and ,311 r_rovisions hereof shall extend to and be binding upon First Party and all parties claiming by, through or under First Party, -9- 9 7