The Lee County journal. (Leesburg, Ga.) 1904-19??, 1917-01-26

Read Phosphate Company herelnpe-
fore mentioned, being recorded mi
the office Of the Clerk Of the supe-
rior Court Of Lee County Georgia,
on the 9Th. day Of April, 1913, IN
deed book /, pages 275-6, and the
recitals, rights and powers stlpula..
ted in said deed, including power Oh
sale ETC., being as follows:
The said party OF the first part further
covenant and agree, that in case OF de-
fault in payment Of the debt abovemen-
toned when due, or in case of default in
any Of the conditions mentioned in the
said bond for reconyeyance, the said par
ty Of the second part may enter upon
said premises and collect the rents and
profits thereof, and may sell the said
property, including the right, title and
interest therein Of the party Of the first
part, his heirs and assigns, at auction at
the court house door in t county IN
which said landies, and if it liesin more
than one county, then at the court house
door Of either county III which any part
Of said land lies, to the highest bidder
for cash, first giving weeks notice OF
the time, terms and place Of sale by adj
yertising once a week in a newspaper
published in the county where the said
land lies, and if said land lies in more
than one county, then in newspaper
published in each county, in which any
part Of the land lies; all other notice be-
ing hereby waived by the said party OF
the first part; and thereupon may execu-
tie and deliver to the purchaser at said
sale sufficient conveyance Of said pre-
misses in fee simple, which said convey
ance shall contain a recital as to the
happening, or default upon which the
execution OF the power to sell herein
granted depends. And the said party of
the first part hereby constitute and APP
point said party 81 the second part, his
agent or attorney in fact, to make such
recital and hereby covenant and agree
that the recital SO to be made by said
party Of the second part shall be binding
and conclusive upon his heirs, executors,
administrators and assigns. And the
conveyance to be made by said party OF
the second part, shall be efectual to bar
all equity OF redemption Of said party OF
the first part, his successors in interest,
in and to said premises. The said party
of the second part shall collect the pro-
ceeds OF said sale, and have reserved
therefrom the entire amount of princi-
pal and interest due, together with the
amount of taxes, assessments, premiums
OF insurance and attorneys fees, there
tofore paid by said party Of tile second
part with s per cent interest per annum
from the date of payment, together with
all cost and expense of sale and 10 yer
cent, upon the aggregate amount due for
compensation to the attorneys represent
ing said party OF the second part, and
shall pay over any surplus to the party
OF the first part, his heirs or assigns.
And said party Of the second part, its
successors or assigns may purchase at
said sale, and execute and deliver to it
self conveyance as herein provided as
though it were a stranger to this instru-
ment
And the said party Of the first part
further covenant and agree that the
powers of attorney hereinbefore and af-
ter stipulated, together with all the
powers OF this instrument set out and
delegated to the said pasty OF the second
part, may be assigned and delegated and
redclagated by the said party of the
second part, and shall apply 10 its, sue
cessors with equal powersin them to as
sign and delegate and redelegate said
powers. 1t is further agreed that the
powers herein conferred may be executed
by any officer, agent or attorney of the
party of the second part who may be
delegated thereto by the said party of the
second p9rt, its successors or assigns.
The powers herein conferred are cumula-
tive OF the remedies allowed by law or in
equity.
Tie said party Of the first part fur
Their covenant, that in case of a sale as
hereinbefore provided, or by process Of
law, the party Of the first part, or any
one claiming under the said party Of the
first part, Shall then become and be
tenant or tenants holding over, and shall
forwith deliver possession at said sale or
be summarily dispossessed according to
theprovisions oflaw applicableto tenants
holding over.
Said property will be sold and deed
made to the purchaser, by the under
signed as hereinbefore stated,
The above described deed was
made subject to a mortgage made
by r. P Goodman to the Bank of
Smithville, dated January md
1915, and recorded January 7th. |
1915, in mortgage record Of Lee
County, Book Is page 268. The
said sale of said land under said |
power as herein before referred to,
viii be made subject to the said
n