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trust herein created, not being liable or responsible for any mischance occasioned by others.

In Witness Whereof, The said parties have hereunto set their hands and seals the day and year first above written.

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came

before the undersigned, a

(names of all the parties executing the deed) 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 acknowledged that they executed the same for the uses and purposes therein mentioned.

In Testimony Whereof, I have hereto set my hand and affixed my official seal at my office in the day and year first above written. (Signature.) (Seal.)

(148.)

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Deed of Trust to Secure a Debt; Fuller Form, and with

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(name of the

(residence) parties of the

(name and occupation of the debtor who is grantor) and wife of the grantor) of (residence) parties of the first part, and (name of the grantees who are the trustees) of second part, and (name, residence, and occupation of the creditor for whose benefit the trust is created) of party of the third part, witnesseth, that the said parties of the first part, in consideration of the debt and trust hereinafter mentioned and created, and of the sum of one doliar to them paid by the said parties of the second part, the receipt of which is hereby acknowledged, do by these presents grant, bargain, and sell, convey and confirm, unto the said parties of the second part, the following described real estate, to wit: (here describe carefully the land or premises granted, by metes and bounds, as directed in Form 107.)

To Have and to Hold the same, with the appurtenances, to the said par ties of the second part, and to the survivor of them, and to their successor hereinafter designated, and to the assigns of the said parties of the second part, or of said survivor, or of said successor and his heirs forever.

In Trust, however, for the following purpose: Whereas the said

(name of the grantor) (here describe the debt, and if a promissory note is given, describe that, or set forth a copy of it) and has also agreed and covenanted to and with the said party of the third part, and his indorsees or assignees, to cause all taxes and assessments, general and special, to be paid within the times required by law, whenever imposed upon said property, and has also further covenanted and agreed to and with said party of the third part, his indorsees or assignees, that he will keep the improvements upon said property constantly insured in some good and responsible insurance office or offices, to be approved by said party of the third part, his indorsees or assignees, in a sum not less than dollars, until said

notes are (or note is) fully paid, and will assign the policy or policies of insur ance to said party of the third part, his indorsees or assignees, with full power to demand, receive, and collect any and all moneys accruing under said insurance, and the same to apply to the payment of said notes and the interest that may accrue thereon, unless otherwise paid, when the same become due, and has also covenanted and agreed to and with said party of the third part, his indorsees or assignees, that there shall not, at any time while said notes remain unpaid, be any mechanics' liens filed or taken upon the real estate herein described, or upon the buildings which now are, o may hereafter be, erected upon said real estate, and that should said party o' the first part fail or neglect to pay said taxes, when the same are by law du and payable, or fail or neglect to effect insurance and assign the policy or policies as above provided, or fail or neglect to keep said real estate free from mechanics' liens, the said party of the third part, his indorsees or assignees, may, at his option, consider the notes above mentioned and described, as having each and all become due and payable, though not then due by the tenor and effect thereof, and may require the said parties of the second part, or the survivor of them, or their successor in trust, to sell the property above described as hereinafter provided, or may pay said taxes, or the premium for such insurance, or the amount of said mechanics' liens, and the amount or amounts so paid, together with interest thereon, at the rate of (ten) per cent. per annum, shall be taken and considered as a part of the amount secured hereby, and to be paid and refunded out of the proceeds of sale, should such sale be made, as hereinafter provided.

Now, if the said notes be well and truly paid, as the same severally become due and payable, according to the tenor and effect of said notes, and each of them, and if the said covenants and agreements in regard to taxes, insurance, and mechanics' liens be faithfully kept and performed, and all moneys paid by said third party, his indorsees or assignees, on account of said taxes, insurance, and mechanics' liens, are refunded, with the interest thereon, as above provided, then this deed shall be void, and the property hereinbefore conveyed shall be released at the cost of the said parties of the first part; but should default be made in the payment of the said notes, or either of them, or any part of either of them, or of the interest that may accrue thereon, or any part thereof, as the same severally become due and

said

payable, or if the said parties of the first part fail or neglect to pay. taxes, when due and payable, or to insure the buildings on said property, or to keep the same free from mechanics' liens, as provided in the foregoing covenants and agreements, or to refund to said party of the third part, his indorsees or assignees, the amount paid by him or them for said taxes, insur ance, or mechanics' liens, with interest thereon, as above provided, then this deed shall remain in force, and the said parties of the second part, or either of them, or the survivor of them, or in the event of the death of both of them, or absence from this State, or their refusal to act, or other disqualification for the performance of the duties of this trust, then, at the request of the holder of said notes, the sheriff of the county of for the time being

(who shall thereupon become the successor of said trustees, and of the sur vivor of them, to the title of said property, and the same become vested in him, in trust for the purposes and objects of these presents, with all the powers, duties, and obligations thereof), may proceed to sell said described. property, or any part thereof, at public vendue, to the highest bidder, for cash, at the (state the place of sale) first giving twenty days' public notice of the time, terms, and place of said sale, and the property to be sold, by advertisement in some newspaper printed in the English language, and published in the county of and upon such sale, the said parties

of the second part, or either of them, or the survivor of them, or their suc cessor in trust, the sheriff of said county, as the case may be, shall execute and deliver a deed or deeds, in fee-simple, of the property sold, to the pur chaser or purchasers thereof (a recital wherein of the request of the holder of said notes that they should proceed to sell, of the publication of said notice, and in case of sale by the sheriff of said county, of the happening of any or either of the events making him successor in this trust, shall be received in all courts of law or equity, and to all intents and purposes, as full and sufficient proof thereof), and shall receive the proceeds of said sale, out of which shall be paid, first, the cost and expenses of executing this trust, including compensation to said trustee, or said sheriff, for their or his services, next the amount paid by said party of the third part, or his indorsees of assignees for taxes, insurance, or mechanics' liens, with (ten) per cent. per annum interest thereon, from the date of the payment thereof, and next, the amount remaining unpaid upon the principal note above described, together with all the interest notes then due, and so much of the interest note, next falling due, as may be necessary to satisfy the interest on said principal note at the rate of per cent. per annum from the date when the preceding interest note became due, up to the day of sale, it being distinctly understood and agreed between the parties hereto, that the failure to pay any one of said notes, principal or interest, when due and payable, shall cause the principai note to become immediately due and payable, though not then due by the terms, tenor, or effect thereof, and the remainder, if any, shall be paid to the said parties of the first part or their legal representatives.

And the said parties of the second part covenant faithfully to perform and fulfil the trust herein created

In Witness Whereof, The said parties have hereunto set their hands and seals the day and year first above written.

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came (name of the parties who execute the deed) 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 acknowledged the same to be their act and deed for the purposes therein mentioned.

the said

And having been by me first made acquainted with the contents of said instrument, on an examination separate and apart from her husband, acknowledged that she executed the same freely and without compulsion or undue influence of her said husband. In Testimony Whereof, I have hereunto set my hand and seal of office the day and year first above written.

(149.)

Trust Deed to Secure a Note, Shorter Form, but with Warranty, and Release of Homestead and Dower.

This Indenture Witnesseth, That of grantor) and

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(name, residence, and occupation (name of the wife of grantor) wife of the grantor herein, in consideration of the indebtedness hereinafter mentioned, and one dollar ($1) to them. paid by (name, residence, and occupation of the trustee) grantee, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, remise, release, and convey unto the said grantee, the following described lot piece or parcel of land, situate in the county of and State of to wit: (here describe carefully the land or premises granted, as directed in Form 107). To Have and to Hold the same, with all the privileges thereunto or in any wise appertaining, and all the estate, right, title, interest, claim, or demand in and to the same, either now or which may be hereafter acquired, unto the said grantee, his heirs and assigns. In trust, nevertheless, for the following purposes:

Whereas, The said indebted upon a certain able to the order of

(name of the grantor) grantor herein, is justly promissory note, bearing even date berewith, pay here describe the note

Now, in case of default in the payment of said note, or any part thereof, or the interest accruing thereon, according to the tenor and effect thereof, or in the payment of any taxes or assessments, ordinary or special, which may be levied or assessed against said premises during the continuance hereof, on the application of the legal holders of the said note, the said grantee (full power being hereby given), or his legal representatives, after having advertised such sale days in a newspaper published in

or by posting up written or printed notices in four (4) public places in the county where said premises are situate (personal notice being hereby expressly waived), shall sell the said premises, or any part thereof, and all the right and equity of redemption of the said grantor, or his heirs, executors, administrators, or assigns therein, at public vendue, to the highest bidder for cash, at at the time appointed in the said advertisement, or may adjourn the sale from time to time at discretion and as the attorney of said grantor, for such purpose hereby constituted irrevocable, or in the name of the said grantee or his legal representatives, shal execute and deliver to the purchaser or purchasers thereof, deeds for the conveyance in fee of the premises sold, and shall apply the proceeds of sale (1st) to the payment of all advances made by the said party of the second part for taxes and assessments; and expenses for advertising, selling, and con. veying as aforesaid, including attorney's fees, and (2d) the amount due on said note, (3d) rendering the overplus, if any there be, to the said grantor or legal representatives, at the office of the said grantee in

and it shall not be the duty of the purchaser to see to the application of the purchase money.

And the said (names of the grantor and of his wife) parties of the first part, hereby expressly waive, release, and relinquish unto the said party of the second part, the said grantee, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above-described premises, and each and every part thereof, which is give by or results from all laws of this State pertaining to the exemption of home steads: Provided, that the said grantor and his heirs and assigns may hole and enjoy said premises, and the rents, issues, and profits thereof, unt default shall be made as aforesaid, and that when the said note and all expenses accruing hereby shall be fully paid, the said grantee or his legal representatives, shall reconvey all the estate acquired hereby in the said premises, or any part thereof, then remaining unsold, to (and at the cost of the said grantor, or his heirs or assigns.

And the said grantor covenants with the said grantee and with his legal representatives and assigns that he is seized in fee of the said premises, and has good right to convey the same in form aforesaid, that they are free from all liens or incumbrances of whatever name or nature, and that he will warrant and defend the same against all claims whatsoever, and will pay all taxes or assessments levied or assessed on the said premises, or any part thereof, during the continuance hereof, and pay the same ten days before the day of sale thereof.

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