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• <br /> 76- n0t4 <br /> The Mortgagee may collect a "late charge" not to exceed Five Cents 15c) for each dollar ( $ 1001 of each total monthly <br /> payment more than I5 days in arrears to ewor the extra expense involved In handling delinquent accounts. <br /> It is further agreed that in caseany suit is begun to foreclose this mortgage, the Mortgagee, its representatives or assigns, <br /> shall at once he entitled to the possession of said premises, and upon application therefor, the court in which such action shall <br /> be brought or any judge of such court, either in term time or vacation, is hereby authorized to appoint a receiver to take posses- <br /> sanl Of said premises, or to collect the rents therefrom, and to do and perform such other acts as may be required by the order . <br /> of the court making the appointment; and said Mortgagor hereby waives any notice of such application, and consents to the ape <br /> pointntent . of a receiver upon the production of- this mortgage, without other evidence. <br /> It is expressly agreed and understood that the Mortgagor shall proceed with the construction of a building on said premises <br /> with all reasonable dispatch, and due diligence and shall pay for any and all extras or modifications that he may make in said <br /> building, direct to the Mortgagee to be disbursed, together with the money loaned or advanced by said Mortgagee in connection <br /> with this loan. And it is further agreed and understood that if the constriction of said building be, at any time, discontinued <br /> or not carried on with . reasonable dispatch in the judgment of the Mortgagee, the Mortgagee or any holder of the said note and • <br /> Mortgage may purchase materinis and employ workmen to protect said building, so that the same shall not suffer from depreda• <br /> tion or the weather, or to complete said building, so that it may be used for the purposes for which it is designed, under the auto <br /> plans and speecifications; - that all the sums so paid, or expended, shall be deemed to be advances to the Mortgagor, and secured <br /> by the said note and mortgage and may be applied , at the option of the. said Mortgagee, or any holder of said note and mortgage <br /> to any advances thereafter becoming due. But in no event shall the Mortgagee be liable in any way to complete said building or <br /> to pay for the costs of construction beyond the advances of the amounts deposited for said purpostst or 'oaned by the Mortgagee <br /> for rho construction of this building. And it is further expressly agreed and understood that if the Mortgagor shalt fail to complete <br /> • i 4said building in accordance with the agreements blue prints and specifications filed in connection with this loanor shall neglect, <br /> fail or refusedo pay for the costs and expenses in almneclion therewith, or shall fail in any other of the covenants herein setforth, <br /> then, a t the option of the Mortgagee or of the holder of the note and mortgage herein referred to, the Mortgagee may declare said <br /> loan to be in default and the entire amount loaned shall immediately become due and payableand the property herein referred to <br /> shall be security for all of the advances and expenses incurred and made by the Mortgagee in connection with this provision. <br /> Without limiting the generality of the foregoing, the Mortgagee shall have the right to declare that default has been made <br /> and the entire indebtedness hereunder to he dna and payable at acorn upon the happening of any one of the following conditions: <br /> la) The filing of any lien against the property, whether claimed to he prior to the first mortgage or subject thereto; <br /> ( h) The entry of any judgment against the Mortgagor; <br /> (c) The failure, to comply strictly with zoning regulations. the provisions of the city building code. or if any stop order <br /> is issued by public authorities; <br /> (4 ) Any misstatetnent in the loan application : <br /> (e) Any material change in the plans and specifications not first approved in writing by the Mortgagee ; <br /> i <br /> (R If work be delayer( or suspended for a period of thirty ( 30 ) daps without rouse satisfactory to the Mortgagee, or <br /> should the Mortgagor fail to cruse work to be prosecuted vigorously <br /> • <br /> i• <br /> :h if the Mortgagee declares the loan to be in default. under any provisions of this provision. the Mortgagee shall be alder <br /> no obligation to advance any further moneys hereunder either for payment of work performed and materials already furnished, or - <br /> e those to ix• furnished later by the Mortgagor. <br /> It is understood and agreed that the MoHgugor will use all advances made under this mortgage to erect a building on _ <br /> said premises in accordance with foe plans. specifications and general agreements filed in connection therewith, and heretofore _ . <br /> approved by the Mortgagee. <br /> It is nndestaxd ami agreed that all materials delivered upon staid premises for the purpose of being incorporated in the <br /> building shall be considerer( a part of the building. • <br /> Mortgagee agrees to make advances under this loan for the construction of said building front time to time as agreed <br /> a between the parties hereto. <br /> F*1 t <br /> AND IT IS EXIT( " SSLY AGREED AND UNDERSTOOD that said advances shall be paid only when in the judgment <br /> of the Mortgagee all work usually done at the stage of construction when the advance is made payable shall have been done in a <br /> good and workmanlike manner, and all materials and fixtures usually furnished and installed at tient time shall have been fur- <br /> . niched and installed; but the Mortgagee may advance parts, or the whole, of any installments before they become due. if the Mort• . <br /> gagee shall believe ii advisable to do so, and all such advances or payments shall be deemed to have been made in pursuance of <br /> r. <br /> this agreement. nothing. however. in this agreement shall be construed as a determination of the quality of the work, labor <br /> or materials furnished by the Mortgagor or contractor and the Mortgagee shall he under no duty or ohlignlirm to make <br /> such determination. <br /> The Mortgagee shall be subrogated to all of the rights, privileges, priorities, and equities of any bienholder whose lien may <br /> have been discharged from the proceeds of this loan, or by any Rinds hereby paid or furnished by the Mortgagee. <br /> IT iS EXPRESSLY AGREED that if the Mortgagor shall sell, convey or alienate said property, or any part thereof, <br /> or any interest therein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or - <br /> involuntarily. without written consent of the Mortgagee being first had and obtained, Mortgagee shadl have the right, at its option. <br /> to declare any indebtedness or obligations secured hereby, irrespective of the maturity dote specified in any note evidencing the <br /> same, immediately due and payable without notice, and said debt shall thereupon become absolute If the ownership of the amort• <br /> gaged property becomes vested in a person other than the Mortgagor, the Mortgagee may, without notice to the Mortgagor, deed <br /> with such successor or successors in interest with reference to this mortgage and the debt hereby scored as with the Mortgagor, <br /> I . <br /> and may forbear to sue or may extend time for the payment of the debt hereby secured without discharging or in any way affecting <br /> the liability of the original Mortgagor hereunder or upon the debt secured . <br /> In . this instrument the singular includes the plural and the masculine includes the feminine and the neuter and this in • <br /> strument shall be binding upon the undersigned, his heirs, personal representatives, successors mid assigns. -xa' r.„ '�- ' <br /> a% <br /> IN WITNISS WHEREOF, we have hereunto set our hands and seal, the day and year first above written, •- <br /> / P <br /> L1 the presence oft J 2 ..F i <br /> ee.� 1 <br /> Delbert D .Theasmeyer <br /> Lois A . Thcasmeyer r <br /> L - <br /> iii��� J <br />