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L <br />85, 004244 <br />hereafter existing at law or in equity, or by statute; and every <br />power and remedy given by this Mortgage and Security Agreement <br />to Second Party may be exercised from time to time and as often <br />as may be deemed expedient. No delay or omission by Z:3cond <br />Party to exercise any right or power arising from any default <br />shall impair any such right or power or shall be construed to be <br />a waiver of any default or an acquiescence therein. In case <br />Second Party have proceeded to enforce any right under this <br />Mortgage by foreclosure, entry or otherwise, and such <br />proceedings shall have been discontinued or abandoned because of <br />waiver or for any other reason, or shall have been determined <br />adversely, then, and in such and every such case, First Party <br />and Second Party shall severally and respectively be restored to <br />their former positions and rights hereunder in respect of the <br />Mortgaged Property, and all rights, remedies and power of Second <br />Party shall continue as though no such proceedings had been <br />taken. <br />Should the Second Party, or its successors or assigns, be <br />made defendant in any suit involving the title to any of the <br />properties hereby conveyed, or involving the validity or <br />priority of the lien of this Mortgage and Security Agreement, <br />then it is agreed that in every such case an attorney's fee in a <br />reasonable amount shall be fixed by the court in which said suit <br />may be pending, and may be adjudged in favor of the attorney or <br />attorneys of record representing the said party therein, which <br />fee shall be adjudged against the First Party, on motion made <br />therein therefor as a part of the costs of such proceedings, and <br />that such reasonable costs and expenses of the said party shall <br />also be fixed and adjudged as costs therein by the court, and it <br />is agreed that all such fees, costs and expenses of every such <br />proceeding shall be adjudged against said First Party, and when <br />so adjudged shall be secured by this Mortgage and Security <br />Agreement. <br />This Mortgage and Security Agreement and all provisions <br />hereof shall extend to and be binding upon First Party and all <br />parties claiming by, through or under First Party. <br />This Mortgage and Security Agreement and all provisions <br />hereof shall extend to and be binding upon First Party and all <br />parties claiming by, through or under First Party. <br />IN WITNESS WHEREOF, First Party has executed this instrument <br />the day and year first above written. <br />-g- 0431t <br />U <br />