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The Mortgagee may collect a "late charge" not. to exceed Five Cents (.5c) for each dollar ($1.0.0), of.each total Trionthly <br />payment more than 15 days in arrears to cover the extra expense involved in liindling delinquent accounts. <br />It is ftirther agreed that in case in), suit is begun to foreclose this mortgage, the Mortgagee, its representatives orassigns, <br />shall at once. be entitled to the possession of said premises, and upon application therefor, the court in which such action sliall <br />he brought 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-,proluises, or to collect the rents therefrom, and to do and perform such other acts as may be mxjuired by the order <br />(if the court making the appointment; and said 1\,Iortgigor hereby %vaives any notice of such application, and coilsents to the It)- <br />pointment.' of ft receiver upon the production of this mortgage, without other evidence. <br />It is expres'sly agreed an(I understood that the Mortgagor shall proceed %yith the construction of a building oil said, premises <br />with .111 reasc.ilable dispatch, and due diligence and shall pay for any and al I extras or modificat ions that he may make in said <br />building. direct to the A-lortgagee to be disbursed, together With the money loaned or advanced by said Mort.gagee 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 611 with reason ' able dispatch in tile judgment of the Mortgagee, the Mortgagee or any holder of the said note and <br />Mortgage may:purchase materials and employ �vorhnleji to protect said building, so that the same shall not,suffer from depreda- <br />tion or thv weather. or to complete Said buildill".-so that it may be used for the purposes for which it is designed, under the said <br />plans and specifications; that '111 the sums so paid, or expended. sliall be de*emed to be advances to the IN -lo ' rtgagor, and secured <br />by the said note. and inortgage and may be applied, at the option of the said Mort-agee, or any holder of said note and mortgage <br />to any advances thereafter becoming due. But in no event. shall the Mortgagee l`;e liable in my Nvay to complete said building or <br />to pay for the costs of construction I)eyond the advanc(N of the amounts deposited for said pL1rj)OSeS Or loaned b%, the IN,lortga�ee <br />for the constructioll of this building. And it is further expressly agreed and un'derstood that if the Mortgagorshall fail to complete <br />said building in accordance with the agreements. blue prilits and specifications filed in connection with this loan orshall neglect, <br />faii or refuse to "pay -for the costs and expenses iii connection therewith, or shall fail in any other of the covenants herein set forth, - <br />then, at the (lption of the Mortgagee or of the holder of the note and mortgage herein referred to, the IvIortgagecrmaydeclaresaid <br />loan to be in default and tile entire amount loaned sliall immediately become due and payable and the property herein referred to <br />shall be securitv for all of the advances and expenses incurred and made by the Mortgagee in connection with this pr:ovision. <br />Without. limiting the generality of the foregoing, the Nlortgagee shall have the right to declare that default hasbeen made <br />-in([ the entire indebtedness hereunder to be due, and payable at olice upon the happening of anv one of the fol lowi m, cond it ions: <br />(a) The filing of any lien against the property, whether clainied to be prior to tbo- fir.A niortga,e or subject thereto; <br />I <br />(b) Tile entry Of Mly jildf,'Illent against the 'Mortgagor; <br />(c) The failure to corriply strictly with zoning regulations, the provisions 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 Mortgagee; <br />(f) If Nvork be delayed or suspended for a period of thirty (30) daYs without causp satisfactory to the Tvlortgagee, or <br />should the IN'Toxigagor fail to cause %vork to be prosecuted vigorouslN. <br />If the Mortgagee declares the loan to be in default under'any provisions of this provision, the Nlortgagee.-hall beiinder <br />I <br />no obligation to advanco an -v further nionoys lierbunder either for payinent. of %vork porformud and materials already furnished, or <br />tllo.�e to be furnished later by the Mortgagor. <br />It is understood and agreed that. the N-lortgagor will use all advances, made, under this mortgage to erect .1 building on <br />said premise.,4 in accordance with tho plans, specifications and general agreements filed' in connection thorewith, and heretofore <br />approved by the IMortgagee. <br />I t. is iniderstood and agreed that all materials delivered upon said, promise,; for the purpose of beilig incorporated in tile <br />building sliall he colisidered a part of the building. <br />Mortj;agee agree,; to ninke advances under this loan for the construction of said building from tinie to time as agreed <br />between the parties hereto. <br />AND IT IS E-XPRE SSLY AGREED AND UNDERSTOOD that said advancessliall lit, paid only when in the judgmprit <br />of the Xlortgagee all work usually done at the stage of construction when the advance is inade payable shall have been done in a <br />good and workmanlihe im6iner, and all materials and fixtures usually furnished ;in(] installed at that time shall have been fur- <br />nislied and installed; but the Mortgagee may advance parts, or t lie whole, of any installments before they become due, if the I'vTort- <br />gag"e shall believe it. advisable to do so, and all such advances or payments shall be deemed to have been made in pursuance of <br />this agreement, nothing, however. in this agreement shall be construed as. a determination of the quality of the work. lai)or <br />or mat rials furnished by the JiMortgagor or contractor and the Mortgag��v <br />e shall hv under no dutY or obligation to nWke <br />such determination. <br />The iMortgagve. shall he subrogated to all of the rights, privileges. priorities, Old equitie.� of my lienholder 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, convey or alienate said property, or my part thereof, <br />or my interest thercin, or sliall he divested of his title or any interest therein in any manner or way, whether voluntarily.or. <br />involuntarily, without written consent of the Mortgageo, being first had and obtained, Mortgagee sliall have the right, at its optibn, <br />to declare any indebtedness or obli.-ations secured hereby, irrespective of the maturity date specified in any note evidencing the <br />same, immediately due and payable, without notice, and said debt sliall thereupon become absolute. If the ownership Qf the mort- <br />gaged property becomes vested in a penion other than the 'Mortgagor, the Xfortgagee may, without notice to the Mortgagor, deal <br />with such succbssor or successors in interest with. r6ference 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 tile debt secured. <br />In this instrunient the singular includ" the plural and the masculine includes the feminine in(] the, neuterand this in- <br />strunielit. Alall be binding upon tile undersigned, his heirs, personal representatives, successors an(] assigns. <br />IN' WITNESS WHEREOF, we have hereunto set our liands and seal, the day and year first above written. <br />In the presence of: <br />................................ <br />Edward. R. Jenkins <br />.. .. ...... .................................... <br />Charlanne M. JZ�kins <br />