Page:Federal Reporter, 1st Series, Volume 2.djvu/137

 180 FBDEBAIi BKFOBTEB. �agreed, between the parties hereto, that if default shall be made in the payment of said sum of money, or any part thereof, or the legal interest thereon, at the time or times ■when, by the conditiona aforesaid, the same shall become payable; or if any attempt shall be made to remove or dis- pose of said property, or any part thereof, by the said parties of the first part, or any other person ; or if the sa\d party of the second part shall, at any time, deem itself insecure, that,; thereupon and thereafter, it shall be lawful for, and the said parties of the first part do hereby authorize, the said party of the second part, its successors or assigns, or its authorized agent, to enter upon the promises of said parties of the first part, and any other place or places where the said goods and chattels, or any of the same, may be, and remove and sell and dispose of the same, and ail of the equity of redemption of the said parties of the first part therein, at publie auction, with notice, as by the statute in such case made and provided, and on such terms as said party of the second part, or its successors or assigns, may see fit, and out of the proceeds thereof to retain the amount which shall then be owing to the said party of the second part, as aforesaid, its successors or assigns, together with ail reasonable charges, costs, and expenses attending the same, rendering to the said parties of the first part, or their legal representatives, the surplus moneys, (if any there shall be,) after paying such mortgage debt, interest and costs, in full. And until default is made, as aforesaid, or until any attempt shall be made to dispose of or remove the same, or any part thereof, the said parties of the first part may continue in the peaceable possession of ail the said goods and chattels; aU which, in consideration thereof, they engage shall be kept in as good condition as the same now is, and taken care of at their own proper cost and expense." �It is insisted by the defendant that the mortgage is void for incompleteness and uncertainty in the description of the property mortgaged, There is no controversy about the deliv- ery of the mortgaged property at the time the mortgage was executed. The law prescribing the record and filing of the ����