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damage, either aqainst the Mortgagee or ita officera or agenta, for
failure properly to discharge thefr dutiea to the Mortqagee. The
Mortgaqes, its officere or agenta, ahall not be liable for the
failure of any daaler, contractor, craftsman or laborer to deliver
the qoods or perform the eervicea to be delfvered or performed by
them.
9. RELEASES OF LIENS. The Owner agreee to furnish from time
to time, whenever requeated, a atatement sho~wing itemization of
expendituree to date, items due and unpaid and itemm neceasary for
completion, to eupport the statement with receipted bills and
affidavita, waivers ~f lien and other aatiafactory evidence of pay-
ment as may be reque~ted by the Mortgagee. Prior to tha final
disbursement the Owrier ahall furnish to the Mostqaqee an affidavit
pursuant t~ the mechanica' lien law of the State of Florida, setting
forth all unpaid billa for labor or rnaterials furnished in connection
with all improvements to the property. Upon request of the Mortgagee,
the Owner shall furnish releasea of liens from all persons furnishing
any labor or materials to the property.
10. POWER TO COMPLETE. In the event of the death-of the Owner
during the period of construction, or upon any other occasion that
might result in cessation of work prior to completion, the Mortgagee
shall have full pawer to take charge of and complete the construc-
tion and make disburaements against this loan, for the benefit of
the Owner or the Owner's estate, but nothing contained in this
contract ahall be conatrued in any way as a covenant on the pnrt of
the Mortgagee to take over and complete the construction.
11. MORTGAGEE LIABILITY:
A. TO THZRD PARTIES.
This agreement shall not be construed to make the Mortgagee
i liable to materialmen, contractors, draftsmen, laborers or others
i for goods and services delivered by them in or upon the premises,
~ or for debts or claims accruing to any such parties against the
Owner. Nor shall the Mortgagee be liable for the manned in which
any diebureement under the contract may be applied by Owner and
contractor, or either of them, or for any other compliance with the
Florida mechanica' lien law.
B. TO THE OWNERS.
The Owner hss accepted and does accept the full responsi-
bilitv for the aelection of his awn contractor and aubcontractors,
and all materials, eupplies and equipment to be used in the construc-
tion, and the Mortgagee aseumes no responsibility for the completion
of the building or buildings, according to the plans and specifica-
tions for the contract price. Further, the Owner hae accepted and
does accept full responsibility for compliance with the Florida 3
mechanics' lien law, and relieves the Mortgagee of any and all ~
liability with reapect to the law and agrees to indemnify and hold
the Mortgagee harmleas from any and all liability under it of any
nature whatsoever. Anything contained in this contract to the contrary
notwithstanding, there shall be no obligation upon the Mortgagee to
make any additional disbursements, if at the time of the request for
such disbursements, the Owner is in default or has failed to perform
any provision of this agreement or of the note and mortgage referred to
above.
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