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r! 9 i The Mor(gagee may collect. a "late charge" not to exceed -Five Cents (5c) for, each collar ($1.00), of each total monthly payment more than 15 clays in arrears to cover the extra e%pense involved in handling delinquent accounts-. It is further agreed that in case any suit is•begun to foreclose this mortgage, the Mortgagee, its representatives or assigns, shall at once be ,entitled to the possession of said .premises, aiul upon application therefor, the -court in which such action shall be brought or any judge of such court, either in term time or vacation, is hereby `authorized to appoint a receiver to take posses- sion of said premises, or to collect the rents therefrom, and to do' and perform such other acts as may he rcKjuired by the order of the court making the appointment; and said Mortgagor hereby waives any notice of such application, and colisents to the ap'- pointment,of a receiver upon the production of this mortgage, without other evidence. It is expressly' agreed incl understood that the Mortgagor shall. proceed with the construction of a building on said premises with all reasonable dispatch, and due diligence anis shall pay for any and all extras or modifications that he may" make in said building, direct to- the blortgagee'to he disbursers, together with the money loaned or advanced by said Mortgagee in connection with this, loan. And it. is further 'agreed and understood that if' the construction of said building be, at any time, discontinued or not carried on with reasonable dispatch in the judgment of the Mortgagee, the Mortgagee or any holder of the said note and Mortgage may purchase materials and employ workmen to protect said building, so that. the same shall not. suffer from depreda= 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 said plans and specifications: that all the sums so paid, or expended, shall be deemed to be advances to the Mortgagor, and secured by .the said note and mortgage and may he applied, at the option of the said Mortgagee, or any holder of said note and mortgage to any advances thereafter becomiiig clue. But in no event. shall the Mortgagee be liable in any way to complete said building or' to :pay for the costs of construction beyond the 'advances of flue amounts deposited for said purposes or loaned by tile'fortgagee for the construction of this building. And it is further expressly agreed and understood that if the Mortgagor shall fail to complete said building in accordance with the agreements, blue prints and specifications filed in connection with this loan or shall neglect, 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, then, at the option of the Mortgagee or of the holder of the note and mortgage herein referred to, the Mortgagee.maydeclare said loan to he in default and the entire amount. loaned Shall immediately become due, and payable and the property herein referred to shall be security for, all of tine advances and expenses incurred and made by the i\.Morigagee in connection with this provision. Without limiting the generality of the foregoing, the Mortgagee shall hay& the right to deplare thatdefault has been made and the entire indebtedness hereunder to be clue and payable at once upon the happening of anyone of the following conditions: (a) The_ filing of any lien against the property, whether claimed to he prair to the first mortgage or subject thereto; (b) The entry of any judgment against thea Alortgagor; (c) The failure to comply strictly with zoning regulations, the provisions of the city building code, or if any stop order is issued by public authorities; (d)' Any- misstatement in the loan application: (e) Any material change in the plans and specifications not first, approved in writing h} the \Mbrtga'gee; (f) If work be delayed or suspended for a• period of thirty (:30) days:-ryithout. cause satisfactory to the Mortgagee, or should the i\Mort} agor fail to; cause work to he prosecuted vigorously. If the Mortgagee declares. the loan to be• in default. under. any provisions of this provision, the Mortgagee shall be under no obligation to advance iny,further moneys hereunder either for payment. of work performed and materials already furnished, or those: to he furnished later by the Mortgagor. It. is understood and agreed that the AMortgagor will use all advances made under this mortgage to erect a building on said premises in accordance with the plans, specifications and general agreements filed in connection therewith, and heretofore apiaroved by the iXfortgagee. It is understood and agreed that all materials delivered upon said premises. for the purpose of being incorporated in the building shall he cemsidered a part of the building. Mortgagee agrees to make advances under this loan for- the construction of said building from time to time as agreed between the parties hereto. AND IT IS EXPRESSLY AGREED AND UNDERSTOOD that. said advances shall be' paid only when in the judgment of the Mortgagee all work usually clone at the stage of construction when the advance is made payable shall have been (lone in good and workmanlike manner, and all materials and fixtures usually furnished and installed at that time shall have been fur- nished and installed:' but the Mortgagee may advance parts, or the whole,.of any installments bef6re they become clue, if the Mort- gagee shall believe itadvisable to do so, and all such advances or payments shall he deemed to have been made in pursuance of this agreement, nothing, however, in this agreement shall he construed as a determination of: the quality of.lhe .vork, labor ctr materials furnisljed by the AMortgagor or contractor and the Mortgagee shall be under no duty or obligation to make such determination: • _r The Mortj;agee shall he subrogated to all of •lhe. rights, privileges, priorities, and equities of any lienholder whose lien may have been discharged from the proceeds of this loan, or by any funds lierehy' paid or 'furnished by the Mortgagee. IT IS EXPRESSLY AGREED that if the 'Mortgagor shall sell, convey or alienate said property, or.any part thereof, or any interest tlucrein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without written consent of the'lortgagee. heing first had and obtained, Mortgagee shall have the right, at its option, to declare any indebtedness or obligations secured Hereby, irrespective of file inaturity date specified in any note evidencing the . same, immediately clue. and payable without notice, and said debt shall thereupon become absolute. If the ownership of the mort- gaged property becomes vested in a person other than the Mortgagor, the Mortgagee may, without notice to the Mortgagor, deal with such successor or successors in interest with reference to this mortgage and 'the debt hereby secured as with the Mortgagor, and may forbear to she or may extend time for the payment of the debt hereby silcured without discharging or in any way affecting the liability of the original Mortgagor hereunder or.upon the debt secured. In this instrument the singular includes the plural and the masculine includes the feminine and file neuter and this in- sh-unient shall be binding upon file undersigned, his heirs, personal representatives; successors and assigns. II`' WITNTESS WHEREOF, we have hereunto set. our hands and seal, the day and year first above written. In the preseiice. of.: ....... Edward R. Jenk'�s . lt....................vu............................. Charlanne M. Jenks