Lapas attēli
PDF
ePub

hereby consents to the execution of this deed, have hereunto set their hands and affixed their seals, and delivered these presents, the day and year first above written.

(Signatures.)

Signed, Sealed, and Delivered in Presence of us

(185.)

(Seals.)

Mortgage to Secure a Promissory Note, in use in Kansas.

day of

in the year of our between (name and occuin the County of (residence) and

This Indenture, Made this Lord one thousand nine hundred and pation of grantor or grantors) of State of , of the first part, and (name, residence, and occupation of grantee or grantees) of the second part: witnesseth, that the said part of the first part, in consideration of the sum of duly paid, the receipt of which is hereby acknowledged, ha sold, and by these presents do grant, bargain, sell, and mortgage to the said part of the second part, heirs and assigns forever, all that tract or parcel of land and State of Kansas, described as follows,

dollars, to

s tuate in the County of to wit: (here describe accurately the land or premises granted, substantially as directed in Form 107), with the appurtenances, and all the estate, title, and interest of the said part of the first part therein.

This grant is intended as a mortgage to secure the payment of the sum of dollars, according to the terms of

certain

And this conveyance shall be void if such payment be made as is herein specified. But if default be made in said payment, or any part thereof, as provided, then this conveyance shall become absolute, and it shall be lawful for said part of the second part, executors, administrators, and assigns, at any time thereafter, to sell the premises hereby granted, or any part thereof, in the manner prescribed by law; and out of all the moneys arising from such sale, to retain the amount then due for principal and interest, and also for statutory damages in case of protest, together with the costs and charges of making such sale, and per cent. on the amount secured by this mortgage, as a reasonable attorney's fee for foreclosure hereof, and the overplus, if any there be, shall be paid by the part making such sale, to the said heirs or assigns; and for the said consideration, the said part of the first part hereby waive appraisement of said real estate.

In Witness Whereof, The said part of the first part ha hereunto set hand and seal the day and year last above written.

(Signatures.) (Seals.)

Signed, Sealed, and Delivered in the Presence of

[blocks in formation]

me personally known to be the same person who executed the foregoing instrument, and acknowledged the execution of the same.

In Witness Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last above written.

(Signature.) (Seal.) The wife does not need to join in the mortgage unless she is a residen and a homestead is involved.

(186.)

Mortgage Deed in use in Missouri.

Know all Men by these Presents, That (name and occupation of the grantor or mortgagor and his wife) of the County of

of Missouri, ha this day, for and in consideration of the sum of

dollars to the said

of the County of

in the State

in hand paid, by (name and occupation of mortgagee) in the State of

[ocr errors]

the receipt whereof is hereby acknowledged, granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said the following described tracts or

[ocr errors]

parcels of land, situate in the County of in the State of Missouri, that is to say (here describe the premises mortgaged as directed in Form 107). To Have and to Hold the premises hereby conveyed, with all the rights, privileges, and appurtenances thereto belonging, or in anywise appertaining unto the said heirs and assigns forever, upon this express condition :

on the

Whereas, the said executed, and delivered to the said

words and figures following, to wit: Now, if the said

[ocr errors]
[ocr errors]

day of
19 made,
certain promissory note in

executor or administrator, shall pay the sum of money specified in said note, and all the interest that may be due thereon, according to the tenor and effect of said note, then this conveyance shall be void; otherwise, it shall remain in full force and virtue in law, and the said or executor or administrator may proceed to sell the property hereinbefore described, or any part thereof, at public vendue, to the highest bidder, at in the County of for cash in hand, first giving days' public notice of the time, terms, and place of sale, and of the property to be sold, by advertisement ; and upon such sale, and the payment of the purchase money, shall execute and deliver a conveyance of the property so sold to the purchaser thereof; and any statement of fact or recital by the said in such conveyance, in relation to the advertisement, sale, receipt of the purchase money, or execution of said conveyance, shall be received as prima facie evidence of the truth thereof, and the said shall, with the proceeds of the sale aforesaid, pay, first, the expenses of this trust, and, next, whatever may be in arrear and unpaid on said note, whether of principal or interest, and the bilance (if any) shall be paid over to the said sentatives.

[blocks in formation]

or his legal repre

[blocks in formation]

STATE OF MISSOURI,

SS.

COUNTY OF

On this

day of

19, before me personally appeared to me well known to be the person described in

and who executed the foregoing instrument, and acknowledged that executed the same as free act and deed. And the said

further declare

to be single and unmarried.

In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in

written.

My term expires

the day and year first above

[blocks in formation]

Short Deed of Mortgage in use in Indiana.

This Indenture Witnesseth: That I (name and occupation of grantor

w grantors) of (residence) County, in the State of

do hereby mortgage

and warrant to (name and occupation of grantee or grantees) of (residence) County, in the State of the following real estate, in County, in the State of Indiana, to wit: (here describe the land or premises granted substantially as directed in Form 107), to secure the payment when become due of and the mortgagor expressly agree to pay the sum of money above secured, without relief from valuation laws. In Witness Whereof, The mortgagor ha hereunto set seal this

day of

STATE OF INDIANA,

A.D. 19
(Signatures.)

hand and

(Seals.)

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

The wife need not join unless the mortgage shows on its face that it is given to secure the purchase money.

(188.)

Mortgage without Release of Dower or H mestead, in use

[blocks in formation]

State

of the first part, and (name and occupation of the grantee or

and occupation of grantor or grantors) of the County of

of

dollars to

and State of

grantees) of the County of of the second part, witnesseth, that the said part of the first part, for and in consideration of the sum of in hand paid by the part of the second part, the receipt of which is hereby acknowledged, ha granted, bargained, and sold, and by these presents do grant, bargain, sell, and convey unto the said part of the second part, and to heirs and assigns forever, all the following described real estate situate, lying, and being in the County of State of and known as being (here describe with sufficient care the land or premises granted, substantially as directed in Form 107).

To Have and to Hold the above bargained premises with the appurtenances, unto the said part of the second part, heirs and assigns forever, Provided always, and these presents are upon this express condition, that if the said part of the first part, heirs, executors, administrators, and assigns, shall well and truly pay, or cause to be paid, to the said part of the second part, heirs, executors, administrators, or assigns according to the condition of certain executed by

the sum of

bearing date

the

said part of the first part, to the said part of the second part, as collateral

security, then these presents and the said and void.

And the said

will

shall cease and be null

do further covenant and agree, that pay all taxes and assessments of every nature that may be assessed on said premises, previous to the day appointed in pursuance of any law of the State for sale of lands for taxes. And also will pay the sum of dollars, as Solicitor's fees, in case of foreclosure of this mortgage, by reason of the non-performance of any of the conditions hereof by said part of the first part. And in case of the non-payment of said sum, or any part thereof, at the time or times above limited for the payment thereof, or in case of the non-payment of any taxes that may be assessed on said premises in manner aforesaid; then, and in either case, it shall be lawful for the said part of the second part, heirs, executors, administrators, or assigns, and the said part of the first part, do hereby covenant and agree, and by these presents empower and authorize the said part of the second part, heirs, executors, administrators, or assigns, to grant, bargain, sell, release, and convey the said premises, with the appurtenances thereunto belonging, at public auction or vendue, and on such sale to make and execute to the purchaser or purchasers, his, her, or their heirs and assigns forever, good, ample, and sufficient deeds of conveyance in the law, pursuant to the statute in such cases made and provided; and out of the moneys arising from such sale to retain the principal and interest which shall then be due on the said costs and charges, and the said sum of

together with the dollars, Solicitor's

fees, as aforesaid; rendering the surplus money, if any there be, to the part of the first part, heirs, executors, administrators, or assigns, after deducting the costs of such vendue as aforesaid.

In Witness Whereof, The said part of the first part ha hereunto set hand and seal the day and year first above written.

Signed, Sealed, and Delivered in Presence of

(Signatures.)

(Seals.)

STATE OF

COUNTY OF

[merged small][ocr errors][merged small]

Be it Remembered That on the

19 ⚫ person to me known to be the

ally came before me the above named person who executed the foregoing mortgage, and acknowledged execution thereof to be free act and deed, for the uses and purposes therein mentioned. (Signature.)

(Seal.)

The wife must join in a mortgage of a homestead, but need not in purchase money mortgages.

Short Statutory Form, Wisconsin.

[blocks in formation]

The mortgage is given to secure the following indebtedness:

The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of dollars attorney's fees in case of foreclosure thereof. Witness the hand and seal of said mortgagor, this

19

In the presence of

day of

(Acknowledgment as above.)

(189.)

Mortgage Deed, with Release of Homestead and Dower, to Secure the Payment for Premises Sold,

in use in Iowa.

Know all Men by these Presents, That (here insert name and occupation of grantor or grantors) of

eration of the sum of

County and State of in consid. dollars, in hand paid, do hereby sell and convey unto (name and occupation of grantee or grantees) of County and State of the following described real estate, situated in the County of and State of to wit: (here describe carefully the

hereby release all

[ocr errors]

land or premises granted, substantially as directed in Form 107), containing acres, more or less, and right of homestead and dower interest therein, and warrant the title thereto against the lawful claim of all persons whomsoever. ( The above sale and conveyance is however made upon the following express conditions: That if shall pay or cause to be paid the sum of dollars, according to the tenor and effect of scribed as follows:

payable to the order of said the rate of

certain promissory note, debearing even date herewith and with interest thereon from at annually, then the above

per cent. per annum, payable

sale and conveyance shall be void, but that otherwise it shall be and remain in full force and effect. And

[ocr errors]

also agree that the failure to pay promptly when due any part of the moneys hereby secured, or any interest accruing thereon, according to the terms of said promissory note or allowing any taxes assessed upon any part of the premises above described to become delinquent and remain unpaid, or permitting said premises or any part thereof to be sold for taxes, shall cause the entire principal sum hereby secured, and all interest accrued thereon, to become immediately due and payable, and the said may thereupon proceed at once to foreclose this mortgage for such entire principal sum, accrued interest and costs.

And

further agree in case of such foreclosure to pay a reasonable

« iepriekšējāTurpināt »