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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. x 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. F 1 2. To pay all and singular the costs, charges and expenses, including lawyer's fees, reasonably incurred or paid at any time by said i art of the first ~ p y part because of the failure on the part of the said ~ a party of the second part to per form, comply with and abide by each t 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. ~ t 3. To permit, commit or suffer no waste, impairment or deteriora- tion of said property or any part thereof. a` 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