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The Mortgagee may collect a "late charge mat to exceed. Five Cents (50. or each dollar ($1.00) of each: total monthly <br />payment more than 15 clays in arrears to cover the` extra expense involved in handling" deliciryuent accounts. <br />r1 It is further agreed that in case any suit is` begun to foreclose'this mortgage'! the Mortgagee, its representatives or assigns, <br />shall at once be entitled to tdie possession .of said promises, ,1n& upon application therefor, the court in which such action shall <br />be brought or any judge of such c6urt, either in term time, or "vacation, is hereby authorized to appoint a receiver to. take posses- <br />sion of said promises,' or to collect_41ie rents therefrom, and to do, and perform such other, acts as may be required by. the order <br />of the court making the appoiittntdnt; and said Mortgagor hereby waives any notice cif such application, and consents to the ap- <br />pointment of a receiver upon the production of this mortgage, without other evidence: <br />It is expressly agreed and junderstood that ,the Mortgagor shall proceed with the construction of a building on said premises <br />with all reasonable. dispatch, and Niue diligence and shall ltay for any and all extras for modifications that. he :may.-ritake 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 construction 'of said ;building be, at any time,�discontinued <br />or not carried on with: reasonable dispatch in f.he• judgment of the,' Mortgagee, the I ortgagee of any' holder of thesaid note and <br />Mortgage may purchase materials', and employ vyorkmen to protect said building, so that the same shall not suffer�£rom depreda- <br />tion yr the weather, or to contlilete said buildin„ :o -that it may be used for the purposes for which it is designed, tinder the said <br />plans and specifications; that fall the sums so paid, or expended, shall be` deemed to I advances to the 'Nlorfgagor; and secured <br />by, the said note and mortgagr and may he applied, at the'option of the said Mortgal ee, or any holder of said nate and mortgage <br />to any advances thereafter becoming due. But in no `e��ent shall the \4ortgagee he liable in', any <br />way to complete'•said building or <br />to''pay for the costs, of construction beyond the advances of the amounts.depositedifor said purposes or loaned by'the Mortgagee <br />for'the construction of this buildintr. And it `is further eapressly a„reed and understood, that;'if the Mortgagor shall' fail to complete <br />said building in accordance "with 'the agreements blue prints• and specifications filed in connection with this lo.m or. shall neglect, <br />faii or refuse ao pay -for the costs and expenses, ill connection therewith, or shall fail' in any other of the covenants herein set forth, <br />then, at the option of the Mortgagee or of the holcler of the note and mortgage herein referred to, the Mortgagee�maydeclare said <br />loan to he in default and the entire amount loaned shall immediately become clue ancl;payable alnil the property herein referred to <br />shall be security f6r all of the advances and expenses` incurred. and made by the \4ortghgee in connection with this, provision. <br />Without. limiting the generality of the foregoing, the lklortgagee shill have the right to fhclare that default has been made <br />and the entire indebtednc ss heremuler to he due acid 'payable' at once upon the happoning of any, one of the following conditions:* <br />(a) The filing of any lien against the prapert.y, whether chimed to he prior-to!the first i'ortgage or•subj t thereto; <br />(b) The entry of any ljudl,*cnent against the irlortgagor; - <br />(c) The failure to comply strictly with zonia rc�gul itions, the provisions 'of the city I uilding code, or tf any stop order <br />is issued by pubic authorities; a <br />la <br />(r]) Any misstatement in ;the loan application; <br />(e) Any material change:in the plans an& specifications not first approved in writing by the i\fortgagee;'. <br />(f) If world be delayi•d or suspended"for a. period of thirty (30) ,days -ithAit cause satisfactory to jjie Mort.gagee,. or <br />should the Nlortgagor fail to �c.nase work to'be„prosecuted vigorously. , <br />If the Mortgagee declares the loan to be In default” wider any provisions�of this provision, t}ae Mortgagee'shall be under <br />no obligation to "advance any further moneys hereunder either for payment of wort; performed and materials already furnished, or <br />th6se to he furnisher) later by !the 14ortgagor. <br />It is understood and agreed that.the Mdrlgagor will use all advances made under this mortgage to erect •a building on <br />said premises in accordance with the plans, specifications and general agreements filed in" conlnection therewith, in(] )teretofore <br />approved by the Mortgagee. <br />It is understood and agreed that all materials delivered upon : aid prerpises for the purpose of being incorporated in the <br />building .shall he considerer) apart of the building.:' , <br />Mortgagee• agrees to; make advances under, this: loan for the constniction.of Said bu•irling from time to'tame'as agreed <br />between the pnrtces'hereto. <br />I <br />AND IVIS EXPRElSShY AGREED AND UNDERSTOOD that said'advances shall he paid only vvheii in the judgment <br />of the Mortgagee all work usually done at the stage of. construction when the ad lin�co is made payable: shall have been done in a <br />good and workmanlike mann6r, and all materials and fixtures usually furnished ani)! installer) at that time shall have been fur - <br />niched and installed; but the i\,lortgagee may advaltce parts, or the whole, of any it'itallments before they heconie clue; if the Mort- <br />gagee shall believe it advisable to do so, and all such advances or payments shall be, deemed :o have been made in puTsuance`_of <br />this agreement, nothing, however. in this agreement •shall -be construed as a dete'rmmation of the quality of the work, -labor <br />or materials furnished liv the 'Mortgagor or contractor and the Mortgagee shalli he ;undrlr no duty or obligation to make <br />such determination.` j <br />The Mortgagee shall he subrogated to all of the rights, privileges. priorities,land eitui.ics of any lienholder whose lien may <br />have been discharged from the proceeds of this' loan, or by any funds `hereby, pair)! or -furnished by the Mortgagee. <br />IT IS EXPRESSLY, AGREED thatiC the Mortgagor shall sell;'convey`or{alt anate said property, or'any part thereof, <br />or any interest therein, or shall he divested of his•title or any interest therein tit any manner or way, whether. voluntarily or <br />involuntarily, without written consent of the Mortgagee' being first had and obtained,? Mortgagee shall have the right, at its .option, <br />to declare any imlobtedness or obligations secured hereby, irrespective of the naatukty date specified in -any note evidencing the <br />same, immediately clue and payable without `notice, and said debit shall thereupon liocome! absolute. If the ownership of the mort- <br />gaged property becomes vested in a person other than the Mortgagor, the Mortgagee may, without notice to tide Mortgagor, deal <br />with such. successor or successors; in interest with ;reference to this mortgage and ,thoe debt hereby secured as with'Ahe Mortgagor, <br />and may forbear to sue or miay extend time for the payment of the debt hereby.secured without discharging or in anyway affecting <br />the liability of the original Mortgagor hereunder 'or upon the delit secured. I <br />In •this, instrument the.singular. includes.�the "plural and the masculine includes'the feminine and the neuter and this in- ' <br />strument.,shalI he binding upon the undersigned,:his heirs, personal representatives, (successors land assigns. <br />IN WITNESS WHEREOF, we have`li reunto set our hands and seal, lho day and year first above written. . <br />. i A it <br />In the presence of: <br />.: ... ........... . .... ........................... <br />:Keith A. Haussler <br />� .... ... .............: <br />gud3tli A'. aussler <br />