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99� i�3�s� or in defending against liens, claims, rights, estate, easements or restrictions of any person or persons asserting priority thereto, or for any abstract or extension of abstract of title to said premises, together with interest on all such sums at the same rate as provided in the above-described note from the date same were paid and any such sum or sums and interest thereon shall be a lien upon said premises and shall be secured by this Mortgage . Time is of the essence of this agreement, and each of the covenants and agreements herein contained shall run with the land hereby mortgaged_ 7 . In the event Mortgagor fails to comply with the terms hereof in any material respect, Mortgagee may take such action as it deems necessary to preserve the premises and to protect the lien of this Mortgage . All amounts expended by the Mortgagee in such effort shall be charged as principal money bearing interest at the same rate as provided in the above-described note and secured by this Mortgage, but such payments shall not constitute a waiver of any rights of Mortgagee with regard to Mortgagor ' s breach of this indenture . 8 . It is further expressly agreed that if any part of said principal sum hereby secured, or any interest thereon, is not paid when the same becomes due and payable, or if any taxes or assessments lawfully levied and assessed against said premises and property are not paid before the same become delinquent, or in the event of the breach of any of the covenants and agreements contained herein or in any agreement between Mortgagor and Mortgagee, or upon a transfer of title of said premises or any part thereof by the Mortgagor without the prior written consent of Mortgagee, the Mortgagee, its successors and assigns, may, without notice to the Mortgagor, elect to declare the whole sum or sums and interest thereon due and payable at once, and may proceed to foreclose this Mortgage for the collection of the debts secured hereby, and the Mortgagee, its successors and assigns, shall become and be entitled to the possession of said mortgaged premises and to the rents and profits therefrom, and shall , as a matter of right, on the institution of any such foreclosure proceeding, be entitled to the appointment of a receiver for the purposes of collecting said rents and profits, said rents being hereby assigned to Mortgagee, its successors and assigns, as further security for said indebtedness . 9 . It is further agreed that if and as often as this Mortgage or the Note secured hereby is placed in the hand of an attorney for collection, Mortgagor agrees to pay to the holder hereof a reasonable attorneys ' fee which shall upon a foreclosure hereby be taxed as costs . Mortgagor agrees that appraisement shall be waived or not waived upon foreclosure at the option of the Mortgagee and the Mortgagor expressly waives all benefits of the 4