or the condition of this mortgage is broken, and if any of said notes or any part
thereof or the interest thereon is not paid at maturity or if said mortgagees
shall sell assign or dispose of or attempt to sell assign or dispose of the whole
or any part of said goods and chattels: or remove or attempt to remove or per
mit the removal of the whole or any part thereof from the said County of
Alachua without the written consent of the mortgager its successors or assigns
or if said mortgagee its successors or assigns shall feel themselves insecure or
if any writ is issued from any Court of Record or other court or by any
Justice of the Peace or any distress warrant shall be issued on said goods
and Chattels or any part thereof, or if said goods and Chattels shall come
into the hands of any Executor administrator assignee trustee or commis
sioner to be sold then said Mortgager its successors or assigns shall have
the right to take immediate possession of said property wherever it may be
found without any process of law and may enter without liability for real
or supposed damages upon any of the premises of said mortgagors with or
without such process wherever said Chattels may be or supposed to be and
search for the same and if found to take possession and remove the same
to such place or places as said mortgagee may deem proper and sell
and dispose of said property to the highest bidder after giving ten days
notice of the time place and terms of sale together a description of the
property to be sold by notice posted up in three public places in the
vicinity of such sale or at private sale, with or without notice for cash
or on credit as the said mortgagee its successors or assigns agents or at
torneys or any of them may elect: (and at such sale at auction the said
mortgagee its successors or assigns agents or attorneys or either of them may
become the purchasers and out of the money arising from such sale to pay
all costs charges and expenses for pursuing searching for taking removing
Keeping storing advertising and selling said goods and chattels and for
agents and attorney's services in such taking and removal. together with
the amount due and unpaid upon said notes and attorney's fees for the
foreclosure of this mortgage. For the further consideration of the sum of
one dollar in hand paid by the mortgagee the receipt whereof is hereby
acknowledged, said mortgagors expressly agree that if said property is
sold under the provisions of this mortgage for the payment of the notes
hereby secured and said notes have not all then matured that The
Mansfield Machine Works only at its option may apply the proceeds
of such sale after the payment of said cost and expenses aforesaid
to the payment of any or all notes not then due by the terms hereof
then to the payment of the notes that have then matured and if the
proceeds are not sufficient to satisfy the notes remaining unpaid
The Mansfield Machine Works may have a personal judgement
upon said notes so remaining unpaid and are execution awarded
thereon rendering the surplus if any there remains unto said Mortgagee
In witness whereof I have hereunto set my hand and seal this 29th of November
AD 1886
Signed sealed Delivered in our presence } Z.T. Taylor seal
Chas O. Hampton }
F.B. Dunham } |