and State of County of as follows: The said (name of the party of the first part) for the consideration hereinafter mentioned, does for himself and for his heirs, covenant and agree with the said (name of the party of the second part) and his heirs and assigns, by these presents, that he, the said party of the first part, shall and will, on or before the A.D. 19 day of at the proper costs and charges of the said party of the first part (or of the second part, if that is agreed), his heirs and assigns, by good and lawful deed or deeds, well and sufficiently grant, convey, and assure unto the said party of the second part, his heirs and assigns, in fee-simple, clear of all incumbrances, all that certain tract or parcel of land lying, being, and situate in the County of State of as follows, to wit (here describe carefully the land or premises granted, as directed in Form 107). In Consideration Whereof, The said (here the name of the party of the second part), for himself and his heirs, does covenant and agree with the said party of the first part, and with his heirs and assigns, by these presents, that he, the said party of the second part, and his heirs, or some of them, shall and will on the execution and delivery of the said deed or deeds as aforesaid, well and truly pay, or cause to be paid, unto the said party of the first part, or his heirs and assigns, the sum of dollars, in the manner following, to wit (set forth the terms and times of payment as agreed on). And upon (set forth the time agreed) the said party of the first part shall give to the said party of the second part possession of the aforesaid premises. And for the true performance of all and every the covenants and agree. ments aforesaid, each of the aid parties bindeth himself, his heirs, executors, and administrators unto the other, his executors, administrators, and assigns, in the penal sum of dollars. In Witness Whereof, The said parties have hereunto set their hands and seals the day and year first above written. (Signatures.) Signed, Sealed, and Delivered in Presence of us, (Seals.) (If it is intended that this contract should be recorded, as in almost all cases it should be, an acknowledgment by both parties should follow; and the record should be like that in the next Form.) (145.) Power of Attorney to Sell Lands. Know all Men by these Presents, That I, the undersigned of the selling party) of the town (or city) of and State of (name , County of , have this day made, constituted, and appointed, and do by these presents make, constitute, and appoint (name of in the County of attorney) of the town (or city) of and State of , my true and lawful attorney, for me and in my name to sell and dispose of, absolutely, in fee-simple, the following described lot, tract, or parcel of land, or any part thereof, situate, lying, and being in the County of and State aforesaid, to wit (here describe carefully the land or premises granted, as directed in Form 107) for such price or sum of money, and to such person or persons as he shall think fit and convenient; and also for me and in my name, and as my act and deed, to sign, execute, acknowledge, and deliver such deed or deeds, and conveyance or conveyances, for the absolute sale and disposal thereof, or of any part thereof, with such clause or clauses, covenant or covenants, and agreement or agreements, to be therein contained, as my said attorney shall think fit and expedient; hereby ratifying and confirming all such deeds, conveyances, bargains, and sales which shall at any time hereafter be made by said attorney touching or concerning the premises. In Testimony Whereof, I have hereunto set my hand and seal, on this day of A.D. 19 before the undersigned, a notary public (or other magistrate) within and for the County of and State of personally came (the name of the principal), who is personally known to me to be the same person whose name is subscribed to the foregoing instrument of writing, and acknowledged the same to be his free act and deed, for the purposes therein mentioned. In Witness Whereof, I have hereunto set my hand and affixed my official seal, at my office in the day and year first above written. (Signature.) (Seal.) STATE OF COUNTY OF I, Clerk of the Circuit Court, and ex-officio Recorder of said county (or whoever else is the recording officer), do hereby certify that the within instrument of writing was, on the day of A.D. 19, duly filed for record in this office, and is recorded in the Records of this office in Book at page In Witness Whereof, I have hereunto set my hand and affixed the seal (146.) Person. Trust Deed for the Benefit of a Wife, or some other This Deed, Made and entered into this day of by and between nineteen hundred and (name, residence, and occupation of the grantor) party of the first part, and the name, residence, and occupation of the trustee) party of the second part, and (name of the wife or any person who is to have the benefit of the trust) party of the third part, witnesseth: That the said party of the first part, in consideration of the sum of dollars, to him in hand paid by the said party of the third part, the receipt of which is hereby acknowledged, and the further sum of one dollar to him paid by the said party of the second part, the receipt of which is hereby also acknowledged, do, by these presents, give, grant, sell, transfer, convey, and assign unto the said party of the second part, the following described tract or parcel of land, that is to say (here describe the premises carefully, as directed in Form 107). To Have and to Hold the Same, With all the rights, privileges, and appurtenances thereto belonging, or in any wise appertaining unto him, the said party of the second part, his heirs and assigns forever: In trust, however, to and for the sole and separate use, benefit, and behoof of wife of (or the name of the son or daughter, or any other person, may be substituted for that of the wife) and the said party of the second part hereby covenants and agrees to and with the said the party of the third part, that he will suffer and permit her (or him), without let or molestation, to have, hold, use, occupy, and enjoy the aforesaid premises, with all the rents, issues, profits, and proceeds arising therefrom, whether from sale or lease, for her own sole use and benefit, separate and apart from her said husband, and wholly free from his control and interference, debts and liabilities, courtesy, and all other interests whatsoever; and that he will at any and all times hereafter, at the request and direction of the said (name of the barty of the third part) expressed in writing, signed by her (or him) or by her (or his) authority, bargain, sell, mortgage, convey, lease, rent, convey by deed of trust for any purpose, or otherwise dispose of said premises, or any part thereof, to do which full power is hereby given, and will pay over the rents, issues, profits, and proceeds thereof to the said party of the third part, and that he will, at the death of the said party of the third part, convey or dispose of the said premises, or such part thereof as may then be held by him under this deed, and all profits and proceeds thereof, in such manner, to such person or persons, and at such time or times, as the said party of the third part shall, by her (or his) last will and testament, or any other writing signed by her, or by her authority, direct or appoint; and in default of such appointment, that he will convey such premises to (here state what it is intended shall be done with the property at the death of the party of the third part if he or she dis intestate). And the said party of the third part shall have power at any time hereafter, whenever she (or he) shall from any cause deem it necessary or expedient, by an instrument in writing under her (or his) hand and seal, and by her (or him) acknowledged, to nominate and appoint a trustee or trustees, in the place and stead of the party of the second part above named; which trustee or trustees, or the survivor of them, or the heirs of such survivor, shall hold the said real estate upon the same trust as above recited; and upon the nomination and appointment of such new trustees, the estate in trust hereby vested in said party of the second part shall thereby be fully transferred and vested in the trustee or trustees so appointed by the said party of the third part. And said party of the first part hereby covenants to warrant and defend the title to the said real estate against the lawful claims of all persons whomsoever, to the said parties of the second and third parts, their heirs and assigns. And the said party of the second part covenants faithfully to perform and fulfil the trust herein created. In Testimony Whereof, The said parties have hereunto set their hands and seals the day and year first above written. came (the persons who execute the instrument) who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument of writing, as parties thereto, and severally acknowledged the same to be their free act and deed for the purposes therein mentioned. (147.) (Signature.) Trust Deed to Secure Payment of a Note without Release of Homestead or Dower. This Deed, Made and entered into this day of (name ana occupation of the grantor who is the debtor) of the County of , party of the first part, and State of State of party of the second part, and State of (name and occupation of the creditor for whose benefit the deed is made) of the County of third part: party of the Witnesseth, That the said party of the first part, in consideration of the debt and trust hereinafter mentioned and created, and of the sum of one dollar to him paid by the said party of the second part, the receipt of which is hereby acknowledged, does by these presents grant, bargain, and sell, convey and confirm unto the said party of the second part, the following described real estate, situate, lying and being in the County of premises granted, as described in Form 107.) To Have and to Hold The same, with the appurtenances, to the party of the second part, and to his successor or successors in this trust, and to him and his heirs, and his and their grantees and assigns forever. In Trust, However, for the following purposes: Whereas the said party of the first part has this day made, executed, and delivered to the said party of the third part, his promissory note of even date herewith, by which he promises to pay to the said (name of the creditor) or order, for value dollars, in (the days or months when the note is received, payable) Now Therefore, If the said party of the first part, or any one for him, shall well and truly pay off and discharge the debt and interest expressed in the said note and every part thereof, when the same becomes due and pay. able according to the true tenor, date, and effect of said note then this deed shall be void, and the property hereinbefore conveyed shall be released at the cost of the said party of the first part; but, should the said first party tail or refuse to pay the said debt, or the said interest, or any part thereof, when the same or any part thereof shall become due and payable, according to the true tenor, date, and effect of said note then the whole shall become due and payable, and this deed shall remain in force; and the said party of the second part, or in case of his absence, death, refusal to act, or disability in any wise, the (then) acting sheriff of County, , may at the request of the legal holder of the said note proceed to sell the property hereinbefore described, or any part thereof, at public vendue, to the highest bidder, at of County, in the for cash, first giving days' public notice of the time, terms, and place of sale, and of the property to be sold, by advertisement in some newspaper printed and published in the of and upon such sale shall execute and deliver a deed in fee-simple of the property sold to the purchaser or purchasers thereof, and receive the proceeds of said sale; and any statement of facts or recital by the said trustee, in relation to the non-payment of the money secured to be paid, the advertisement, sale, receipt of the money, and the execution of the deed to the purchaser, shall be received as prima facie evidence of such fact; and such trustee shall, out of the proceeds of said sale, pay, first, the cost and expenses of executing this trust, including legal compensation to the trustee for his services, and next shall apply the proceeds remaining over to the payment of said debt and interest, or so much thereof as remains unpaid, and the remainder, if any, shall be paid to the said party of the first part, or his legal representatives. And the said party of the second part covenants faithfully to perform and fulfil the |