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stituted and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed or deeds of conveyance for the same in fee-simple; and out of the money arising from such sale, to retain the said sum of

dollars, or the part thereof remaining unpaid, and also the interest then due on the same, together with the costs and charges of advertising and selling the same premises; rendering the surplus of the purchase-money, if any there be, over and above said sum and interest as aforesaid, together with a true and particular account of said sale and charges, to the said (name of the mortgagor) the grantor, his heirs, executors, administrators, or assigns; which sale, so to be made, shall forever be a perpetual bar, both in law and equity, against the said (name of the mort gagor) the grantor, and his heirs and assigns, and all other persons claiming or to claim the premises, or any part thereof, by, from, or under him, them, or any of them.

And Provided Also, that until some breach of the condition of this deed, the grantee shall have no right to enter and take possession of the premises. and hold the same.

In Witness Whereof, We the said (name of mortgagor) and (namı of his wife) wife of the said (name of mortgagor) in token of her release of all right and title of or to both dower and homestead in the granted premises, have hereunto set our hands and seals this day of

in the year of our Lord eighteen hundred and (Signature of mortgagor.)

(Seal.) (Signature of u'ife of mortgagor.) (Seal.) Executed and Delivered in Presence of .

SS.

19 Then personally appeared the above-named

and acknowledged the above instrument to be free act and deed, before me,

Justice of the Peace.

(176.) Mortgage by Indenture, with Power of Sale and Interest and

Insurance Clause, to secure a Bond. This Indenture, Made the

in the year one thousand nine hundred and

between (name, residence, and occupation of the mortgagor) party of the first part, and (name, residence, and occupation of the mortgagee) party of the second part:

Whereas, The said party of the first part is justly indebted to the saia party of the second part, in the sum of (amount of debt due on the bond) dol. lars lawful money of the United States, secured to be paid by his certain bond or obligation bearing even date with these presents, in the penal sum of (amount of penalty) lawful money as aforesaid, conditioned for the payment of the said first-mentioned sum of (amount of debt due on the bond) lawfu

day of

day of

money as aforesaid, to the said party of the second part, or his executors, administrators, or assigns, on the which will be in the year one thousand nine hundred and

and interest thereon to be computed from

at and after the rate of per cent. per annum, and to be paid (here set forth the time and terms of the payment).

And it is Thereby Expressly Agreed, That should any deftult be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of

days, then and from thenceforth, that is to say, after the lapse of the said

days, the aforesaid principal sum of (amount of the debt) with all arrearage of interest thereon, shall, at the option of the said party of the second part, or his executors, administrators, or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything thereinbefore contained to the contrary thereof in anywise notwithstanding : As by the said bond or obligation, and the condition thereof, reference being thereunto had, may more fully appear.

Now this Indenture Witnesseth, that the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in con sideration of the sum of one dollar to him in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, aliene, release, convey, and confirm unto the said party of the seeond part, and to his heirs and assigns forever, all (here describe carefully, the land or premises granted, as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appur. tenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances: to have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof forever :

Provided Always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condi. tion of the said bond or obligation, and the interest thereon, at the time and

in the manner mentioned in the said condition according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be void. And the said (name of the mortgagon) for himself and his heirs, executors, and administrators, does covenant and agree to pay unto the said party of the second piri, or his executors, administrators, or assigns, the said sum of money and interest as mentioned above and expressed in the condition of the said bord. And if default shall be made in the payment of the said sum of money above mentioned, or the interest that may grow due thereon, or of any part thereof, that then and from thenceforth it shall be lawfui for the said party of the second part, or his executors, administrators, and assigns, to enter into and upon all and singular the premises hereby granted or intended so to be, and to sell and dispose of the same, and all benefit and equity of redemption of the said party of the first part, or his heirs, executors, administrators, or assigns, therein, at public auction, according to law. And as the attorney of the said "arty of the first part, for that purpose by these presents duly authorized •onstituted, and appointed, to make and deliver to the purchaser or purchaser hereof, a good and sufficient deed or deeds of conveyance in the law for the a ime, in fee-simple, and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or oblic gation, together with the costs and charges of advertisement and sale of the vaid premises, rendering the overplus of the purchase-money (if any there nhall be) unto the said party of the first part, his heirs, executors, adminisrrators, or assigns; which sale, so to be made, shall forever be a perpetual liar, both in law and equity, against the said party of the first part, and his Leirs and assigns, and all other persons claiming or to claim the premises or any part thereof, by, from, or under him or them, or either of them.

And it is Expressly Agreed by and between the parties to these pres. ents, that the said party of the first part shall and will keep the buildings crected and to be erected upon the lands above conveyed, insured against loss and damage by fire, by insurers approved by the said party of the second part, and in an amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part ; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand with interest at the rate of per cent. per annum.

In Witness Whereof, the parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written

(Signature of mortgagor.) (Seal.)

(Signature of mortgagee.) (Seal.) Sealed and Delivered in the Presence of

STATE OF

SS.

day of

COUNTY. On the day of

in the year one thousand alone hundred and before me personally came

the individuals described in, and who executed the foregoing instrument, and

acknowledged that they executed the same as their free act and deed.

(Signature.) (177.) Mortgage to Executor, with Power of Sale. This Indenture, Made the

in the gear one thousand nine hundred and

between (name, resi: dence, and occupation of the mortgagor) party of the first part, and (name and residence of the mortgagee) executor of the last will and testament of (name and residence of the testator) deceased, of the second part; whereas, che said party of the first part is justly indebted to the said party of the second part in the sum of

lawful money of the United States of America, secured to be paid by a certain bond or obligation bearing even data with these presents, in the penal sum of

lawful money as afore said, conditioned for the payment of the said first-mentioned sum (state the terms of the payment, and if the bond was made to the testator, state that) as by the said bond or obligation and the condition thereof, reference being thereunto had, may more fully appear.

Now this Indenture Witnesseth, That the said party of the first part for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation with interest thereon, according to the true intent and meaning thereof, and also for and in consideration et the sum of one dollar, to him in hand paid by the said party of the seconit: part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, aliene, release, convey, and confirm, unto the said party of the second part, and his successors and assigns forever, all (here describe carefully the land or premises granted, as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his successors and assigns, to their only proper use, benefit, and behoof forever. Provided always, and these presents are upon this

express condition, that if the said party of the first part, or his heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, or. his successors or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon at the time, and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be null and void. And the said party of the first part, for himself and his heirs, executors, and administrators, does covenant and agree to pay unto the said party of the second part, his successors or assigns, the said sum of money and interest, as mentioned above, and expressed in the condition of the said bond. And if default shall be made in the payment of the said sum of money above mentioned, or the interest that may grow due thereon, or of any part thereof, that then and from thenceforth it shall be lawful for the said party of the second part, his successors and assigns, to enter into and upon all and singular the premises hereby granted, or intended so to be, and to sell and dispose of the same, and all benefit and equity of redemption of the said party of the first part, or his heirs, executors, administrators, or assigns therein, at public auction, according to law. And as the attorney or attorneys of the said party of the first part, for that purpose by these presents duly authorized, constituted, and appointed, to make and deliver to the purchaser or purchasers thereof a good and sufficient deed or deeds of conveyance in the law for the same, in fee-simple, and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the costs and charges of advertisement and sale of the said premises, rendering the overplus of the purchase-money (if any there shall be) unto the said party of the first part, his heirs, executors, administrators, or assigns; which sale, so to be made, shall forever be a perpetual bar, both in law and equity, against the said party of the first part, his heirs and assigns, and all other persons claiming or to claim the premises, or any part thereof, by, from, or under him, them, or any of them.

In Witness Whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written.

(Signatures.) (Seals.) Signed, Sealed, and Delivered in Presence of

STATE OF

SS.

day of

County. On the

in the year one thousand nine hundred and before me personally came

the individuals described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.

(Signature.)

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