Laserfiche WebLink
The Mortgagee may collect a "late charge" notto exceed Five Cents (5c) for, each dollar (S1.00).of each total monthly <br />payment more than tai days in arrears to cover file extra expense involved in handling delinquent accounts.. • <br />It is further agreed that in case any suit is begun to foreclose this mortgage, the Moirtgclgee, 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 receiverto take posses- <br />sion of said premises, or'to collect. the renis therefrom, and to do and perform such other acts. as may be required by the orcder <br />of the court ranking the appointment; and said Mortgagor hereby waives any notice of suet' aliplication, aiul consents to the ap- <br />pointment of a receiver upon the.production of this mortgage, without other evidence. <br />It is expressly agreed and understood that the i\•lortgagor shall proceed with the construction of a buildin„ on said premises <br />with all reasonable dispatch, and clue diligence and shall pay for any and all extras or modifications that, he may make in said <br />building, direct. t6- the INIortgage'e to he disbursed, together with the money loaned or advanced by said \lortgagee in connection <br />V ith this loan. And it. is further agreed and understood that if the construction of said building be, at any time, discontinued <br />oi- not carried on with reasonable dispatch in the judgment of the Mortgagee, the Mortgagee or any holder uf:the said note and <br />Mortgage may purchase materials and employ workmen to protect said building, so that the sa me shall not suffer from depreda- <br />tion or the weather, or to complete said building, sii that. it may be used for the.purposes for which it is designed; under the said <br />plans and specific•rtions: that all the sums so Paid, or expended• shall be deetn«l to be advances to the i\1or1'gagor, and secured <br />by the said note and mortgage and maty be applied, rat. file option of the said I\lortgagee, or any holder of said mote and mortgage <br />to any advances thereafter becoming due. I3ut. in no event shall the Mortgagee tie 'liable in any way to contpletc'saicd building or <br />to pay for the costs of construction heyond the aidvances of the antounis deposited for said purposes or loaned by the Mortgagee <br />for the construclioru of this building. And it is further expressly agreed and uncle°'stood that if the -Mortgagor shall fail to complete <br />said building in accordance with the agreements, blue prints and specificationsfiled in connection with this loan or shall neglect, <br />faii or refuse to -pay for the costs and expenses in connection. therewith, or shall fail in any other of the covenants herein set forth, <br />then, at the option of the 1,lortgagee or of the holder of the note and mortgage herein referred to, the Mortgagee may declare said <br />Joan to be in default and the entire amount, loaned shall immediately become c11te:and payable and the property herein referred to <br />shall be security for all oC the advances and expenses incurred and made by the Mortgagee in connection,,vith'this provision. <br />Without limiting the generality of the foregoing, the i\lortgagee shall have file right to declare that default has been made <br />ands the entire indebtedness hereunder to be clue and payable at onu <br />ce pon the happening of any one of the following.conditions: <br />(a) The filing of.any lien against the property, whether claimed to he prior to the first mortgage or subject thereto; <br />(b) The entry of any judgment against the Mortgagor; <br />(c) The failure to comply strictly with zoning.regulations, the provisions of the city huilrling code; or if any stop order <br />}s issued by public authorities; <br />(d)' Any nlistatentent in the loan application; <br />(e) Any material change in theplans marl specifications not first approved in writing by the Alortgagec; <br />(f) If hoick be delayed or suspended f6r a period of t.hirty (30) da}s %vithmrf cause satisGuclory to. the \4orfgagec, or <br />should the N-Iortg.;,or fail to cause wort: to be ' prosecuted vigorously. <br />If the Mortgagee declares the loan to be in default under any provisions of this provision. the 'Mortgagee shall be wlder <br />III) obligation to :irl.vance any further moneys hereunder either for payment of NyoFk performed :incl materials already furnished,,or <br />those to he furnislie•d later by the Mortgagor. <br />It is understood and agreed that the i\lorigagor will use all advances made under this mortgage to erect a building'on <br />said premises in accordance with the plans, specifications and general agreenteti#s .filed in connection therewith, and heretofore <br />approved by the i,Iortgagee. <br />It is understood and agreed that all materials delivered upon said prr-tnises,for the purpose of being ini)orporated in the <br />building shall be cr nsidered a part of the building. <br />vlortgagee' agrees to make advances under this loan for the construction of said building from tinct' iir time as al;reerl <br />1)et.ween the parties hereto. <br />AND IT I F;PRESSLY AGREED AND LJNDERSTOOD that said advances shall be paid only whL>n in the judtnnent <br />of the Mortgagee all work usually clone at the stage of construction when file advance is made. payable shall haivo been done in a <br />good and workmanlike manner• and all materials and fixtures usually furnisheit- and installed -it that time shall have been fur <br />Wished and installed; but the Mortgagee may advance parts, or the whole, of apt= installments before they become clue. if the i\,fort- <br />gaigee shall believe it advisable to do so, and all such advances or payments sliA be deemed to havt been made in pursuance of <br />this agreement, nothing, however. in this agreement.•shall be cpnstrued as a fletermination of the qunlityof the work. labor <br />or materials furnisher) by the Mortgagor or contractor and the Mortgagee: shall he uncdcr no duty or oltligation to make <br />such determination.,, <br />The Mortgagee shall be subrogated to all of the rights, privileges, priorities, and equities of any lienholder whose liell May <br />have been discharged from the proceeds of this loan, or by any funds 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• is anty 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 -indebtedness or obligations secured hereby, irrespective of the milturit.y date specified in any note evidencing the <br />O <br />same, immediately due and payable without notice, and said debt shall thereupon become absolute. If the ownership of the mort- <br />gaged property, becM <br />omes vested in a person other than the 'ortgagor, the Mortgagee, may, without notice to tilt i\forigagor, deal <br />with such successor or successors in interest with reference to this mortgage and the debt hereby secured as with the Mortgagor, <br />and may forbear .to sue or may extend time for- the Payment of the debf 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 111v neuter and this in- <br />strurnent. shall hP.,binding upon the unclet:signed: his heirs, personal representatives, successors and assigns. <br />IN WITNESS WHEREOF, we have ".hereunto set our hands and seal-.1he day and year first above written. <br />In the presence of: ' �1 <br />zl <br />, <br />Delbert` D.asmeeer � <br />...................... <br />Lois A. Theasmeyer <br />