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85- 001170 (3) Second Party, in person, by agent or by judicially (- appointed receiver, shall be entitled to enter upon, take posses- ! Sion of an manage the property and collect the rents, including those past due. All rents so collected shall be applied 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 adversely, then, and in such and every such case, First Party and Second Party shall severally and respectively be restored to their former positions and rights hereunder in respect of the Mortgaged Property, and all rights, remedies and power of Second Party shall continue as though no such proceedings had been taken. Should the Second Party, or its successors or assigns, be made defendant in any suit involving the title to any of the pro- perties hereby conveyed, or involving the validity or priority of the lien of this Mortgage and Security Agreement, then it is agreed that in every such case an attorney's fee in a reasonable 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, on motion made therein therefor as a part of the costs of such proceedings, and that such reasonable costs and expenses of the said be fixed and adjudged as costs therein by the c party shall also ourt, and it is agreed that all such fees, costs and expenses of every such pro- ceeding shall be adjudged against said First Party, and when so adjudged shall be secured by this Mortgage and Security Agree- ment. This Mortgage and Security Agreement and all provisions hereof shall extend to and be binding upon First Party and all Parties claiming by, through or under First Party. -9- a 7