WITNESSETH, That the said part of the first part, for and in consideration of the sum of. ....dollars to .in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do......by these presents Grant, Bargain, Sell and Convey to the said party of the second part,. heirs, executors, administrators, successors and assigns, forever, all the following described real estate in the County of... ....and State of North Dakota, described as follows, to-wit: (Leave ample space for description) - TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in any wise appertaining, unto the said party of the second part, heirs, executors, administrators, successors and assigns, FOREVER. And the said part. of the first part, docovenant with the said party of the second part, heirs, executors, administrators, successors and assigns, as follows: That ....he.... ha.... good right to convey the same, that the same are free from all incumbrances. (Leave ample space for description) and that the said party of the second part, heirs, executors, administrators, successors and assigns, shall quietly enjoy and possess the same, and that the said part of the first part will warrant and defend the title to the same against all lawful claims, hereby relinquishing and conveying all right of homestead, dower and all contingent claims and rights whatsoever in and to the said premises. PROVIDED, NEVERTHELESS, That if the said part............ of the first part, heirs, executors or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, heirs, executors, administrators, successors or assigns, the sum of. according to the conditions of. herewith, as follows. payable at the Dollars and interest note...... of even date with interest from date until maturity, at the rate of. per cent, per annum, payable annually and after maturity at the rate of.. per cent per annum and shall also keep and perform all and singular the covenants and agreements herein contained, then this deed to be null and void, and the premises hereby conveyed to be released at the cost of the said part............of the first part; otherwise to remain in full force and effect. And the said part of the first part do.....covenant and agree with the said party of the second part, heirs, executors, administrators, successors and assigns to pay the said sum of money and interest thereon as above specified; to pay as a part of the debt hereby secured, in case of each or any foreclosure or commencement of foreclosure of this mortgage, all costs and expenses and statutory attorney's fees in addition to all sums and costs allowed in that behalf by law; to permit no waste, and to do or permit to be done, to said premises, nothing that may in any manner impair or weaken the security under this mortgage; to pay all taxes or assessments that may be assessed against or be a lien on said premises, or any part thereof, or upon this mortgage or note...... or the legal holder thereof, before the same shall become delinquent; to keep the buildings on said premises insured for. dollars, in companies acceptable, with loss payable to, the mortgagee or .......assigns; and in case of failure so to pay said taxes or assessments, or any of the agreements hereunder, or in case there exists any claim, lien or incumbrance upon said premises, which is prior to this mortgage, the said party of the second part, heirs, executors, administrators, successors or assigns may at................option, pay and discharge such taxes or other obligation and the sum or sums of money which may so be paid, with interest from the time of payment at the same rate as said principal sum, shall be deemed and are hereby declared to be a part of the debt secured by this mortgage and shall be immediately due and payable. It is further agreed and understood that this mortgage shall also cover any renewal note for the above described indebtedness or any portion thereof. But if default shall be made in the payment of said sum of money, or interest, or the taxes, or any part thereof, at the time and in the manner hereinbefore or hereinafter specified for the payment thereof, the said part of the first part, in such cases do........hereby authorize and fully empower the said party of the second part, heirs, executors, administrators, successors or assigns, to sell the said hereby granted premises and convey the same to the purchaser, in fee simple agreeably to the statute in such case made and provided, and out of the moneys arising from such sale to retain the principal and interest which shall then be due on said note, and all taxes upon said lands, together with all costs and charges, and statutory attorney's fees, and pay the overplus if any to the said part............of the first part heirs, executors, administrators or assigns, And if default be made by the part of the first part in any of the foregoing provisions it shall be lawful for the party of the second part, cessors or assigns or heirs, executors, administrators, sucattorney to declare the whole sum above specified to be due. IN TESTIMONY WHEREOF, The said part....of the first part ha...hereunto set hand the day and year first above written. Signed and delivered in the presence of Sec. 2. The Register of Deeds shall charge and collect for recording such Standard Form of Mortgage and indexing the same, seventy-five cents; provided that if any words are added to such standard form or its arrangement changed, except to fill blanks, the fees for recording such mortgage shall be the same as provided in Section 3511 of the Compiled Laws of North Dakota for 1913 and acts amendatory thereof; provided further, that the striking out of any part or portion thereof shall not be considered a change in such standard form, provided further, that the form hereinbefore provided shall not preclude the use of any other form. Approved February 27th, 1923. MOTOR VEHICLES CHAPTER 254. (H. B. No. 59-Dougherty.) INTOXICATED DRIVER. An Act Making it a Misdemeanor for any Person to Operate a Motor Vehicle while such Person is in an Intoxicated Condition, and Providing a Penalty for a Violation thereof. Bc It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. That any person who shall operate a motor vehicle while such person is in an Intoxicated condition, shall be guilty of a misdemeanor. Sec. 2. PENALTY.) Any person violating the provisions of Section 1 of this act shall be punishable by a fine of not less than $25.00 nor more than $500.00, or by imprisonment in a county jail for a period not exceeding one year, or by both such fine and imprisonment.Provided, that the Court in sentencing any person for a violation of this Act, may suspend any sentence of imprisonment or any part thereof, and make its order that the person so sentenced shall be precluded from driving any automobile within this State for a period of not to exceed two years. Upon proof to the satisfaction of the Court that such order has been disobeyed such suspension shall be by the Court revoked. Approved February 24th, 1923. MUNICIPAL OWNERSHIP CHAPTER 255. (S. B. No. 28-Ployhar.) TRANSMISSION LINES. An Act to Empower Cities, Villages, and Towns to Purchase, Sell, Construct, Rent, Lease, Extend, Connect, or Erect, High Tension Electric Transmission Lines and Electrical Equipment, Within and Without the Corporate Limits, and Necessary Secondary Transmission Lines and Distribution Systems within the Corporate Limits, for the Purpose of Securing Light, Power and Electrical Energy for Municipal and Commercial use; and to Assess the Property Within the Corporate Limits, and to Provide for the Method of Such Assessment and the Collection Thereof, and to Provide for the Issuance of Bonds. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. Any city, town, or village is authorized and empowered through its proper municipal officers to purchase, sell, construct, rent, lease, extend, connect, or erect, high tension electric transmission lines and necessary electrical equipment, within and without the corporate limits of such city, village or town, and necessary secondary transmission lines and distribution systems within the corporate limits, for the purpose of securing and distributing light, power and electric energy for municipal and commercial use. Sec. 2. Whenever the City Council, or Commissioners in Cities which have adopted the Commission System of government, or Board of Trustees of any Village or Town, shall deem iz necessary to purchase, sell, construct, rent, lease, extend, connect, or erect, high tension electric transmission lines and electrical equipment within or without the corporate limits of such city, village or town, or necessary secondary transmission lines and distribution systems within the corporate limits, for the purpose of securing and distributing light, power and electric energy for municipal and commercial use, such council, commission or board may direct the official engineer or such other competent engineer, as shall, upon motion or resolution be designated, to render a detailed appraisal of the value of any already constructed equipment, or to prepare plans and specifications for such work and make an estimate of the probable cost, and in general terms describe the property which in the opinion of the engineer is liable to be specially assessed for such proposed improvement, which appraised valuation, plans, specifications and estimates shall be approved by resolution of the council, commission or board and filed in the office of the City Auditor or Village or Town Clerk. Thereupon the council, commission or board shall by resolution declare such work or improvement necessary to be done, such resolution shall refer intelligently to the plans, specifications, estimates therefor, and describe the property liable to be specially assessed as hereinbefore provided, and shall be published twice, once in each week for two consecutive weeks, in the official newspaper of such city, village, or town. If a majority of the resident owners of property liable to be especially assessed for such proposed improvement shall within fifteen days after the first publication of said resolution file with the City Auditor, or Village or Town Clerk a written protest against such improvement then the proposed work or improvement shall be abandoned, but if less than a majority of the resident property owners liable to be specially assessed therefor as hereinbefore provided, so protest, the council, commission or board shall at the next regular or special meeting of such council, commission or board after the expiration of the time for filing protests against such improvement, determine the sufficiency and validity of such protests and if two-thirds of the council, commission or board shall decide that such protests are insufficient or not well taken, then the council, commission or board shall have power to cause such improvement to be made, and to contract therefor, and to levy and collect assessments therefor, in the same manner and with the same notice and according to the same forms and pro- cedure as now provided by statute for the construction and assessments of water works in cities. Provided that the total cost of the improvements outside the corporate limits may be apportioned among the property owners within the corporate limits and assessments levied in accordance therewith. Provided further that any city, village or town may provide for the payment of not exceeding one-fifth of the cost of any such improvement by general taxation as provided for by section 3723 |