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<br /> � And it is hereby expressly agreed by the Grantors that if at any
<br /> time �said Grantors shall for any reason breach their obligations under
<br /> � the Indemnity Agreement hereinbefore referred to and thereby be in
<br /> default of performance under such agreement, and such breach and
<br /> ; default shall continue without being wholly and completely cured by
<br /> such performance as may be necessary to eliminate such breach and
<br /> default, for a period of ten (10) days, then and from thenceforth it
<br /> shall be optional with the Surety and its assignee, to consider any '
<br /> damage thereby suffered by Surety, not in excess of the principal sum
<br /> ' of the surety bond hereinbefore referred to, to be immediately due and
<br /> ' payable, and it shall be optional with said Surety, or its assignee,
<br /> to cause Trustee, original or successor, or his, its, or their succes-
<br /> sors or assigns, to immediately enter into and upon all and singular
<br /> the premises hereby granted, and without process of law to take posses-
<br /> sion of, or let .said premises, and to sell and dispose of the same, or
<br /> any part thereof, and all benefit and equity of redemption of the
<br /> Grantors herein at public auction for cash upon giving notice of the
<br /> time .and place of sale in the manner provided by the Act, and to make,
<br /> execute and deliver to the purchaser or purchasers thereof at such
<br /> sale all necessary conveyances or deeds for the purpose of vesting in
<br /> such purchaser or purchasers the premises so sold in fee simple
<br /> absolute, which shall transfer and vest the complete and unencumbered
<br /> title to the said property, in the purchaser or purchasers thereof,
<br /> and be a bar against the Grantors herein, their heirs or assigns, and .
<br /> all persons claiming under them or any of them, of all right, interest
<br /> or claim in or to sa:id property, and all parts thereof, and said
<br /> Surety, or its assignee, may out of the money arising from said sale
<br /> retain the principal and interest which shall then be due pursuant to
<br /> the terms of said Indemnity Agreement, together with all the costs and
<br /> , charges of said sale, and also the amount of all such payment of
<br /> taxes, assessments, encumbrances, or insurance, as may have been paid
<br /> by Trustee by reason of the permission hereinafter given, with in-
<br /> terest on the same hereinafter allowed, rendering the balance of said
<br /> moneys, if any there shall be, unto the Grantors, their heirs, executors,
<br /> administrators or assigns.
<br /> And Grantors do hereby further covenant, promise and agree to pay
<br /> and discharge at maturity all such taxes, liens or encumbrances now
<br /> subsisting or hereafter to be laid or imposed upon such premises, or
<br /> any improvements or appurtenances thereto which are now or may here-
<br /> after be erected on said premises, at the expense of Grantors, and if
<br /> any such charges are not so paid by Grantors, do authorize Trustee to
<br /> pay the same for the account of Grantors, and the sums so paid shall
<br /> be repayable in the same kind of money or currency in which the same
<br /> shall have been paid, and shall bear interest at the rate of seven
<br /> percent (7%) per annum until paid, and shall be considered as secured
<br /> by these presents, and be a lien upon the premises, and shall be
<br /> deducted from the proceeds of the sale thereof above mentioned, with
<br /> interest as herein provided. °
<br /> � If the Surety, or its assignee, while the owner of the rights arid
<br /> interests granted by the Indemnity Agreement hereinbefore referred to,
<br /> so elects, Trustee may bring an action to foreclose this indenture as
<br /> a mortgage, in which event he shall be entitled to include in the
<br /> judgment and decree of foreclosure any money paid out or expended by
<br /> it or its assignee under the provisions hereinabove set forth, with
<br /> interest thereon as above set forth.
<br /> It is expressly agreed that a deficiency judgment may be obtained
<br /> in either event in favor of the legal owner of the rights and interests
<br /> granted by said Indemnity Agreement and against the Grantors,
<br /> Richard Weeber and Sara Weeber, should there not be sufficient money
<br /> realized from the sale of said property to pay the amount due under
<br /> said Indemnity Agreement, together with the costs and charges and
<br /> interests thereon as herein provided.
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