HomeMy WebLinkAbout0859 CONTINUATION
RE: Articles of Agreement made September 5, A.D., 1979
between L. RALPH POPPELL and BERT RICE and ANITA S. RICE,
his wife.
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AND the said party of the second part hereby covenants and agrees:
1. To pay all and singular the principal and interest and other
sums of money payable by virtue of said promissory note and this Agree-
ment, or either, promptly on the days respectively the same severally
come due.
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2. To pay all and singular the costs, charges and expenses,
including lawyer's fees, reasonably incurred or paid at any time by said
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art of the first ~
p y part because of the failure on the part of the said ~
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party of the second part to per form, comply with and abide by each
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and every the stipulations; agreements, conditions and covenants of said
promissory note and this Agreement, or either, and every such payment
shall bear interest from date at the rate of nine percent (9%) per annum. ~
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3. To permit, commit or suffer no waste, impairment or deteriora-
tion of said property or any part thereof.
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4. To perform, comply with and abide by each and every the stipu- ~
lations, agreements, corditions ?*?d cc~ver_?n_ts in said promissory note
and in this Agreement set forth.
5. If any of said sums of money herein referred to be not promptly
and fully paid within thirty (30) days next after the same severally
become due and payable, or if each and every the stipulations, agreements,
conditions and covenants of said promissory note and this Agreement or
either, are not duly performed, complied with and abided by, the said
aggregate sum mentioned in said promissory note shall become due and
payable forthwith or thereafter at the option of the party of the first
part, as fully and completely as if the said aggregate sum of Twenty-five
Thousand Five Hundred an~i no/100 Dollars ($25,500.00) was originally
stipulated to be paid on such day, anything in said promissory note or
herein to the contrary notwithstanding.
6. The party of the first part may, at any time while a suit is
pending to foreclose or to reform this Agreement or to enforce any claims
arising hereunder, apply to the court having jurisdiction thereof for :F
the appointment of a receiver, and such court shall forthwith appoint
a receiver of the premises and all other property covered hereby,
858
LAN pPFIt'ES OF HICBAND D~ ti\EF:D. •iN~. P. A.. 7C)n \'IN(aVIA A\'E\1'F.. SPITE IOt-Si."J DAVH BLDG., FT. P1ER('E, T1.ONID.\ '1:3450 (:1(k5) d65-2:1.70