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m as attorney's fee, to be by the court fixed and determined, for foreCrusing the same, which fee shall be included in the judgment in such foreclosure case. This mortgage is given to secure the purchase money of the premises hereinbefore described, and creates a lien for purchase money upon said premises in favor of said mortgagee.

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Be it Remembered, That on this before the undersigned, a appeared

whose name

A.D. 19

(Signatures.) (Seals.)

day of

A.D.

within and for said County, personally personally known to me to be the identical person affixed to the above mortgage, as grantor thereto, voluntary act and

and acknowledged the execution of the same to be deed.

Witness my hand and seal.

(Signature.) (Seal.)

The wife need not join in a purchase money mortgage.

(190.)

Mortgage Deed in use in Louisiana.

[This being a peculiar deed, presenting some unusual difficulties in filling up the blanks, it is thought best to give a full copy of a carefully-prepared deed, as the same was drawn and executed in accordance with the law of Louisiana.]

STATE OF LOUISIANA,

PARISH AND CITY OF NEW Orleans.

Be it Known, That on this third day of June, in the year of our Lord one thousand nine hundred and nine and of the independence of the United States of America, the one hundred and thirty-third.

Before Me, Andrew Hero, Jr., a Notary Public in and for the Parish and City of New Orleans, State of Louisiana, duly commissioned and qualified, and in the presence of the witnesses hereinafter named and undersigned,

Personally Came and Appeared,—Antonio Corbett, of this city, who declared that he is justly and truly indebted unto James Thompson, also of this city, in the sum of eight hundred dollars, borrowed money this day had: in settlement and as evidence thereof the said Antonio Corbett has made and furnished his promissory note for like sum of eight hundred dollars, drawn to the order of and indorsed by himself, dated this day, and made payable a twelve months after date, with interest at the rate of eight per cent. per annum, from and after maturity, if not then paid, until final payment, which said note, after having been paraphed by me, the said Notary, to identify it, herewith, was delivered to the said Thompson, who hereby acknowledges the receipt thereof.

Now, in order to secure the full and punctual payment of the said note,

in capital and interest, at maturity, the said Corbett moreover declared that he does by these presents specially mortgage and hypothecate in favor of the said James Thompson, his heirs and assigns, and of any and all such person or persons as may hereafter be the holder or holders of the said note, the following described property, to wit:

A certain lot of ground, together with the buildings and improvements thereon, and all rights and privileges thereto belonging, situate in the Faubourg Lafayette, Fourth District of this city, in the square numbered two hundred and eighty-five, which is bounded by Liberty (late Ellen), Josephine, St. Andrew (formerly Gormley's Canal), and Franklin (late Fulton Avenue) streets, and designated as lot number six-on a plan of the former city of Lafayette, and a sketch drawn by Hugh Grant, surveyor, under date of the 13th of March, 1848, and annexed for reference to an act passed before L. R. Kenny, late a Notary in said parish of Jefferson, which said lot measures, in Ameri can measure, twenty-seven feet front on said Liberty (late Ellen) street, by one hundred and twenty feet in depth, between parallel lines, being the same property which said mortgagor acquired by purchase from the widow and heirs of Henry Mumford, by an act passed before William Shannon, a Notary in this city, on the 12th day of March, eighteen hundred and sixty-seven.

The said property is so to remain mortgaged and hypothecated until the full and final payment of the aforesaid note in capital and interest; the said mortgagor hereby binding himself and his heirs not to alienate, deteriorate, nor encumber the same to the prejudice of these presents, which are accepted by said mortgagee.

And the said Corbett further declared that he does by these presents bind and obligates himself to cause all and singular the buildings and improvements on the lot of ground afore described, to be insured and kept insured against the risk of fire, by one of the insurance companies of this city, in the sum of one thousand dollars, until the full and final payment of the afore described note, and to transfer and deliver unto the said mortgagee the policy or policies of such insurance or insurances; in default whereof, said mortgagee, and any and all holders of said note, is and are hereby authorized to cause such insurance or insurances to be made and effected at the cost, charge, and expense of the said mortgagor. But this clause shall not be construed as obligatory on such holder or holders, or as making them liable for any loss, damage, or injury which may result from the non-insurance of the said buildings.

And the said mortgagor further declared that he does by these presents consent, agree, and stipulate that in the event of the said note not being punctually paid at maturity, it shall be lawful for and he does hereby authorize the said mortgagee, or any other holder or holders thereof, to cause all and singular the property hereinbefore described, and herein mortgaged, to be seized and sold under executory process (issued by any competent court) without appraisement, to the highest bidder, payable in cash; the said mortgagor herein expressly dispensing with all and every appraisement thereof, and by these presents waiving and renouncing the benefit of appraisement, and of all laws or parts of laws relative to the appraisement of movable or immovable effects, etc., seized and sold under executory or other legal

process, the said mortgagor hereby confessing judgment in favor of said mortgagee, and such person or persons who may be the holder or holders of said note for the full amount thereof, capital and interest, together with all costs, charges, and expenses whatsoever.

And the said mortgagor further declares that he does, by these presents, bind and obligate himself and his heirs to pay and reimburse unto said mortgagee, and such person or persons as may be the holder or holders of said note, all such lawyer's or attorney's fees, together with all such costs, charges, and expenses as said mortgagee, or any such holder or holders, shall or may incur or pay, in the event of the non-payment of said note at maturity: said attorney's fees, however, to be fixed at five per cent. on the amount so in suit.

Now, to secure the faithful performance of the foregoing obligation, and the reimbursement and payment of the said lawyer's or attorney's fees, costs, charges, and expenses aforesaid, and the reimbursement and payment of all premium or premiums as shall be paid by the said mortgagee, or any holder or holders of the aforesaid note, in causing insurance to be effected, on default of said mortgagor as aforesaid, the said mortgagor, by these presents, further specially mortgages and hypothecates the hereinbefore described property unto and in favor of said mortgagee, and all holders of said note.

According to the annexed certificate of the Recorder of mortgages in and for this city and parish, of even date herewith, the afore described property is free from all mortgages or other incumbrances in the name of said Corbett, save the privilege for drainage, and the mortgage which he granted in favor of his vendors by his said act of purchase, to secure the payment of three hundred dollars and interest. And here the said Campbell declared, that as last kolder and owner, he has received payment in full, at the execution hereof, of a certain promissory note for the sum of three hundred dollars, drawn by said Corbett, to the order of and indorsed by himself, dated the third day of June, nineteen hundred and nine, and made payable at twelve months after date, with interest at the rate of eight per cent. per annum from date until final payment: Said note representing the amount, payment of which is secured by the above recited special mortgage: and said Campbell moreover declared that in consideration of the payment, he hereby cancels and annuls said mortgage, and authorizes and requires the Recorder of Mortgages in and for this parish to erase the inscription thereof from his books: Said note was defaced and cancelled by me, Notary, at the execution hereof.

And now to these presents personally came and appeared Madam Mary Corbett, the wife, of lawful age, of the said Antonio Corbett, who, after having taken cognizance of the foregoing act, which I, the said Notary, care fully read and explained to her, declared and said that she approves and ratifies the same, and that it is her wish and intention to release in favor of the said mortgagee the property herein described from the matrimonial, dotal, paraphernal, and other rights, and from any claims, mortgages, or privileges to which she is or may be entitled, whether by virtue of her marriage with her said husband or otherwise.

Whereupon I, the said Notary, did inform the said Mrs. Corbett, apart and out of the presence and hearing of her husband, that by the laws of this State, the wife has a legal mortgage on the property of her husband: First, for the restitution of her dowry, and for the reinvestment of the dotal property sold by her husband, and which she brought in marriage, reckoning from the celebration of the marriage. Secondly, for the restitution and reinvestment of the dotal property by her acquired since marriage, whether by succession or donation, from the day the succession was opened, or the donation perfected. Thirdly, for nuptial presents. Fourthly, for debts by her contracted with her husband. And fifthly, for the amount of her paraphernal property alienated by her, and received by her husband, or otherwise disposed of for his individual interest: That in making her intended renunciation she would deprive herself irrevocably and forever of all rights of reclamation against the property herein described, whether under mortgage privilege, or otherwise.

And the said Mrs. Corbett did thereupon declare unto me, Notary, that she was fully aware of and acquainted with the nature and extent of the matrimonial, dotal, paraphernal, and other rights and privileges thas secured to her by law on the property of her said husband, and that she neverthe less did persist in her intention of renouncing, and does formally renounce, not only all the rights, claims, and privileges hereinbefore enumerated and described, but all others of any nature and kind whatever, to which she is, or may be, entitled by any laws now or heretofore in force in the State of Louisiana.

And the said Antonio Corbett being now present, aiding, and authorizing the said Mrs. Corbett in the execution of these presents, she, the said Mrs. Corbett, did again declare that she did and does hereby make a formal renunciation and relinquishment of all her said matrimonial, dotal, paraphernal, and other rights, claims, and privileges, in favor of said mortgagee, binding herself and her heirs at all times to sustain and acknowledge the validity of this renunciation.

Thus Done and Passed, in my office at New Orleans aforesaid, in the presence of Paul A. Roberts and George Benson, witnesses, both of this city, who hereunto sign their names with the parties, and me, the said Notary, the day and date aforesaid, said Mistress Corbett not knowing how to write or sign her name, having hereto made her mark, after the same had been read and explained to her by me, Notary.

Original signed:

(Seal.)

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Andrew Hero, Fr., Notary Public.

A true copy of the original, on file, and of record in my office.

New Orleans. La.. Tune 3. 1000

Andrew Hero. Fr. Not. Pub

(191.)

the

Satisfaction of Mortgage, in use in New Jersey

STATE OF NEW JERSEY,

COUNTY OF

SS.

This is to Certify, That a certain indenture of mortgage, bearing date one thousand nine hundred and

day of made and executed by (name, residence, and occupation of mortgagor) to (name, residence, and occupation of mortgagee) to secure the payment of

dollars, and

in Liber

in the office of the

of the County of

of Mortgages, page

on the

day of

at o'clock in the

the year one thousand nine hundred and

noon, has been paid and satisfied, and may be discharged of recori.

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who, I am satisfied,

day of

A.D. one thousand nine hundred and

before the grantor

me personally appeared mentioned in, and who executed the within certificate, and to whom I first made known the contents thereof; that thereupon

acknowledged that had signed, sealed, and delivered the same as voluntary act and deed. upon a private examination, apart from her husband, before me, acknowledged that she had signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threats, or compulsion of her husband.

(192.)

(Signature.) (Seal.)

Release of Deed of Trust, in use in Colorado.

Know all Men by these Presents, That whereas (name, residence, and occupation of the mortgagor) of the County of Colorado, by his certain deed of trust, dated the

in the State of

day of

A.D. 19 and duly recorded in the office of the County Clerk and Recorder County, in the State of Colorado, on the in book of said

of

con.

day of A.D. 19 County Records, on page veyed to the undersigned (name and occupation of trustee in the trust deed)

of the County of

in the State of Colorado, as trustee

certain real estate in said deed of trust described, in trust to secure to

the payment of

certain promissory note with interest, and all charges

thereon, as in said deed of trust mentioned

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