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The Mortgagee may! collect a "late charge" not to exceed Five Cents (Jc) for each clollar'($1.00) of'each total ,monthly <br />payment more than l:i days in arrears to cover the extra expense involved in handling delinquent accounts. <br />It is further agreed ihat.in case any suit:is begun to foreclose this mortgage, the Mortgagee, its representatives or assigns, <br />shall at once be entitled to ;the possession of said premises, and upon application therefor, the 'court in which such action shall <br />bebrought or, any -judge of such court, either in term time or vacation, is hereby authorized to appoint a receiver to take posses- <br />sion 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 1\4ortgaggr hereby waives any notice of such application, and consents to the illi-, <br />pointment of a receiver upon the production of this mortgage, without other evidence. <br />It is expressly agreed antl understood that the Mortgagor shall proceed with the construction of a buildin;; on said premises <br />with all reasonable, dispatch•'and due diligence anti shall pay for: any and all extras or tnoclifications that. he may make in said <br />building, dire:a to the Mortgagee to be disbursed, together with tire money loaned or advanced by said N11ortg igee in connection <br />with this loan. And itis 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 the judlmtent of the Mortgagee, the Mortgagee or any holder of the. said note and <br />Mortgagemaypurchase materials and employ workmen to protect said building, so that the same shall not suffer from depreda- <br />tion or the weathor," or to complete said building, so that. it may be used for the purposes for which it is designed, under the said <br />plans and specifications; that all the sums so paid, or expender], shall be deenned to'be advances to the Mortgzgor, and secured <br />by the said note :and mortgage and may be applied, at t.he•option of the said Mortgagee, or any holder of said note and mortgage <br />to any advances thcrcafter becoming clue. But in no event shall the Mortgagee lie liable in any way to complete said building or <br />to;pay for the costs of construction beyond the "advances of the amounts cdeposite.cl for said purposes or loaned by the Mortgagee <br />for the construction- of this building. And itis further expressly agreed 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 loan'or shall neglect, <br />fail or refuse to pat -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 Mortgagee or of the holder of the note and mortgage therein referred to, the IMortgagee may declare said <br />loan to be in default and the'erttire amount loaned 'shall immediately Become due, and payable and the property herein referrer] to <br />shall be security for all of the achances and expenses incurred and made Uy the i�rdnrtgagee in connection with this provision.' <br />Without lirititing thegenerality of the foregoing, the Mortgagee shall have the right to declare thatdefault has been made <br />all([ the entire indebtedness hereunder to be clue and payable at once upori. the "happening of any one of the following conditions: <br />(a) The -filing of any lien against the property, whether claimed to be prinr..to the first mortgage or "subject thereto; <br />(b) The irntry of airy judgment against the Mortgagor; <br />(c) Tile, failure to comply; strictly with zoning regulations, the provisioiis of the city building code, or' if any stop order <br />is issued by public authorities; <br />(d) Any misstatement in the loan application; <br />(e) Any material change in the plans and specifications not first approved in writing by the A•fortgagee; <br />(f) If work'he delayed or suspended for a period of thirty (30) days «;it.hout cause satisfactory to the Mortgagee, or <br />should the ',%lortgagor.fail to cause work to be prosecuted vigorously. <br />If the Mortgagee declares the loan to be in default tinder any provisions of this provision, the Mortgagee shall be tinder <br />no 'obligation to advance any further moneys hereunder either for payment of wort: performed anti materials already furnished, or <br />those to he furnishNI later by the Mortgagor. I <br />It is understood and agreed that the Mortgagor will use all advances made under. this mortgage to erect. a building on <br />said premises in accordance with the plans, speciftc:'itions and general agreements filet] in connection therewith, and heretofore <br />approved by the .Mortgagee.', <br />It -is understood and agreed that all materials delivered upon said premises for the purpose of being incorporated in the <br />building shall he considered a part of the building. <br />Mortgagee .agrees to make advances under this loan for the constructitm of said building from time to time as agreed <br />between the parties hereto. <br />AND IT .IS EXPRESSLY AGREED AND UNDERSTOOD that said advances shall be. paid only when in the judbineat <br />of the Mortgagee"a 11 work usually clone at the stage of construction when the achvance is made payable shall have been clone in a <br />gocid and "workmanlike manner, and all materials, and fixtures usually furnisha]'and installed at that time shall have been fur- <br />nished and installed; but the Mortgagee may advance parts, or the whole, of ariy •iristalhtnents before they becom'k, clue, if the Mort- <br />gagee shall believe'.it advisable to do so, and all such advances or payments shall he deemed to .have been made- in pursuance of <br />this' agreement, nothing, however, in this agreement shall be construed as a"deterrnination of the quality of the work, labor <br />or materials furbished by the 11lortgagor or contractor and the Mortgagee 'shall he under .iuo duty or cibligition to maize <br />such determination,'' <br />The Mortgagee shall be subrogated "to all of.the rights, privileges, priorities, and equities of any licnholder whose lien 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, conveyor 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 mariner or way, whether voluntarily or <br />involuntarily, without written consent of the iMorthagee being first had and obtained, iVfortgagec shall have the right; at its option, <br />to declare any indebtedness or obligations secured hereby, irrespective of the rtlat.urity date specified in any note evidencing the <br />same, immediately due and payable without notice, and said cdebt'shall thereupon become 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 the Mortgagor, 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 debt hereby secured without discharging or in any way affecting <br />the liability of the original Mortgagor hereunder or upon the debt secured. <br />Iii this instrument the singular includes the plural and the masculine includes the feminine in(] the neuter and this in- <br />strument shall be binding upon the undersigned, his heirs, personal representatives, successors and assigns. <br />IN WITNESS WHEREOF, we have hereunto set our hands and seal, the clay and year first above written. <br />In the presence 01: <br />:......-... c :ouQ.CZ..:...................................... <br />-Edward Ri Jenkin <br />f rZ� <br />. .......................................... <br />............. <br />j F.. <br />Charlanne--M. Jenkins <br />