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g4 _:_.OU2058 order, judgment or decree shall not be and remain discharged or stayed within a period of one year after its entry. 4.5 Default under the First Lien Mortgage: If Mortgagor shall fail to pay any installment due thereunder or fail to perform any obligation thereunder. ARTICLE 5 DEFAULT AND FORECLOSURE 5.1 Remedies: If the said Mortgagor shall well and truly pay off and discharge the debt and interest expressed in the said Note and every part thereof, when the same becomes due and payable, according to the true tenor, date and effect of said Note, Then this Mortgage shall be void, and the property hereinbefore conveyed shall be released at the cost of the said Mortgagor; but should the said Mortgagor fail or refuse to pay the said debt or the said interest or any part thereof, when the same or any part thereof shall become due and payable, according to the true tenor, date and effect of said Note or otherwise cause or allow an Event of Default to occur, then the whole of said Note shall become due and payable immediately and the said Mortgagee shall be entitled to a judgment for the sum due upon the Note with interest as therein provided, together with any additional costs or expenses provided hereunder, and a decree for the sale of said premises, en masse or in parcels, in satisfaction of said judgment, foreclosing all rights and equities in and to the above described premises of Mortgagor, their heirs and assigns, and all persons claiming under them. If foreclosure proceedings are commenced in accordance with the provisions of this Mortgage but said proceedings are discontinued prior to judgment, Mortgagor agrees to pay all costs and expenses incurred by Mortgagee. In the event any clause or provision of this Mortgage shall be invalid or void for any reason, the balance of the provisions hereof shall remain in full force and effect. The masculine gender shall, where appropriate, be deemed to include the feminine shall, where appropriate, be deemed to include the feminine and neuter and the singular the plural and vice versa. All of Mortgagee's remedies shall be cumulative and may be exercised singularly or concurrently. 5.2 Application of Proceeds: The proceeds of any sale of, and the rents and other amounts generated by the holding, leasing, operation or other use of, the Mortgaged Property shall be applied by Mortgagee to the extent that funds are so available therefrom in the following orders of priority: (a) first, to the expenses of sale; (b) second, to the payment of all accrued but unpaid interest due on the Note; (c) third, to the payment of the Principal Balance of the Note; (d) fourth, to any other expenses of beneficiary in conducting said foreclosure or collecting monies due it including reasonable attorney's fees; and (e) fifth, to Mortgagor. -5-