liability or liabilities, either direct or contingent, now owing or which may hereafter be owing, whether now or hereafter contracted, of the undersigned, (including all liabilities of any partnership created while the undersigned may have been or be a member thereof), to said payee, or to the legal holder thereof, the following property, viz.: Payee's or indorsee's power over collateral. With the right on the part of the said bank or the legal holder hereof from time to time to call for additional security of such kind and value as will be satisfactory to said bank or the legal holder hereof, and on failure to respond, or if in the judgment of said bank, or the legal holder hereof, said security, or any additions thereto or substitutes therefor or any part thereof, shall have depreciated in value, then the whole of the above note shall be deemed immediately payable at the election of the said bank or the legal holder hereof, with full power in said bank or the legal holder hereof on maturity thereof, either by its terms or by election as aforesaid, or on the nonpayment of any of the other liabilities above mentioned, to at any time, and from time to time, sell, assign and deliver the whole of said property and all additions thereto and substitutes therefor, or any part of said property, additions and substitutes, at any public or private sale, at the option of said bank, or the legal holder hereof, and without advertising the same and without notice to the undersigned, and with the right of said bank or the legal holder hereof, to be a purchaser at any public sale or sales; and in the event of any sale or purchase hereunder no matter by or to whom made, all notice thereof, and any and all equity or right of redemption, whether before or after sale hereunder is hereby expressly waived; and, after deducting all legal and other costs and expenses, including reasonable attorneys' fees, from the proceeds of such sale or sales, to apply the remainder on any one or more of said liabilities, whether due or not, as said bank or the legal holder hereof shall deem proper (making rebate of interest on any demands not matured), and return the surplus, if any, to the undersigned. Said bank or the legal holder hereof, may at its, his or their discretion enforce the collection of said security, additions thereto and substitutes therefor by suit or otherwise, and may surrender, compromise, release, renew, extend or exchange all or any of the same. Said bank or the legal holder hereof is hereby authorized and em powered at any time to apply to the payment of any liability or liabilities, whether the same be due or not, of the undersigned, to said bank, or to the legal holder hereof (including any liability or liabilities of any partnership created while the undersigned may have been or be a member thereof), whether the same be due or not, all property, real and personal, of every kind and description, including balances, credits, collections, moneys, drafts, checks, notes, bills, or accounts (whether on hand or in transit) of the undersigned. Address Sign Shere. The undersigned indorsers hereby waive all presentation, demand, notice of nonpayment, protest and notice of protest. Price: per 100 lbs. ex vessel or ex store. Analysis: 95% Nitrate of Soda. Sale is also subject to the following express terms and conditions: Shipment by steamers or equivalent sailers expected due to arrive from the West Coast of South America at the port or ports during the months herein mentioned. No arrival no sale. Sellers have option of making equivalent delivery ex vessel and/or ex store and/or ex shipping the nitrate for delivery under this contract to or from any port or place in the United States under the same conditions provided that in case of change of port from that above named sellers shall equalize freight to destination named by buyer on quantity so substituted. Vessel's name may be given at any time after execution of contract, sellers reserving the option of substituting with or without notice another vessel or vessels in approximately similar position. Should any vessel or vessels, before or after being named by the sellers, be lost, damaged, commandeered, diverted by government order, seized, captured or delayed before or after sailing, a reasonable time is to be allowed sellers to substitute another vessel or sellers may at their option cancel portion so affected. Notice of such substitution or cancellation shall be given by sellers to buyer and such right of substitution includes resubstitution with notice. In the event of any damage to, jettison, or loss of cargo, of a vessel named under this contract at sea or otherwise in transit, or discharging, the quantity originally named to buyers per such vessel is to be reduced in the same proportion as the entire quantity of the same grade which has been shipped by such vessel is reduced by such damage, jettison or loss, provided the balance of the cargo is brought forward to destination for sellers' account; subject always to sellers' right of apportionment in case of deficiency in quantity as above provided and to sellers' right to supply any deficiency from this or other vessels in approximately similar position or ex store. Nitrate to be taken by buyer at port of arrival or place when ready for delivery, ex vessel and/or ex store as above, in single bags in customary good order. Buyer to give shipping instructions promptly after notice cf time of expected arrival. Failure to give prompt shipping instructions may, at sellers' option, be deemed refusal to take the nitrate. Wharfage and transfer charges, if any, at port of arrival shall be for account of buyer. Each lot shall be considered a separate sale or contract, but sellers have and retain a continuing lien for the purchase-price upon all nitrate of soda covered by this contract, with the right in case any lot shall not be paid for in accordance herewith, to cancel this contract as to such lot or as to any other then undelivered lot or lots or portion of this contract on any other contract outstanding with buyer above named. The nitrate delivered under this contract is to be paid for in cash, in New York City or New York funds, in United States gold or its equivalent in currency. Any assessment or change of export or import duty or tax on the merchandise covered by this contract shall be for account of buyer and shall be added to the purchase-price. In case performance by sellers shall be delayed or rendered impossible for force majeure, including war, governmental authority, embargoes, prohibition of or restriction upon exports or imports, civil commotions, labor difficulties, accidents, loss or damage by act of God or the elements, interference with tonnage or transportation, closing or interruption of customary short routes of transportation (including closing of Panama Canal) or any other contingency beyond sellers' control, and whether herein specifically enumerated or not, in connection with the production, refinement or transportation of the nitrate soda covered by this contract, expected arrival shall be extended for a period equal to the duration of the contingency and for a sufficient time thereafter in which to make shipments. Sellers shall in no event be held responsible for any contingency beyond their control whether herein specifically provided for or not. War risk insurance for account of buyers. Accepted: Buyer. PALMER-MURPHEY COMPANY Sellers. (Construed in Palmer-Murphey Co. v. Fruit Haven Farm, 34 Ga. App. 153, 128 S. E. 693. Held valid also in the Palmer-Murphey Co. v. Kimbrough-Veazey Co., 29 Ga. App. 721, 116 S. E. 542; in Battle v. Smith, 28 Ga. App. 760, 113 S. E. 235.) INDEX TO FORMS [Index to form numbers-Vol. 10, Forms 1-846; Vol. 11, Forms 856-2998; Vol. 12, California-acknowledgment by attorney in fact, 861. certificate of magistracy and conformity, 936, 938, 3498. Connecticut, 863. Connecticut-acknowledgment for the trustees of an association, 864. Indiana-acknowledgment by a corporation of an instrument convey- |