(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 party 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 die intestate). And the said party of the third part shall have power at any time hereafter, whenever she (or he) shall from any caus e 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 survivo, 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 (name and occupation of the creditor for whose benefit the deed is made) of the County of third part: State of 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). 100 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 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 trust herein created, not being liable or responsible for any mischance occa sioned by others. In Witness Whereof, The said parties have hereunto set their hands and seals the day and year first above written. 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.) Deed of Trust to Secure a Debt; Fuller Form, and with Release of Dower. This Deed, Made and entered into this nineteen hundred and day of by and between (name and occupation of the debtor who is grantor) and (name of the wife of the grantor) of (residence) parties of the first part, and (name of the grantees who are the trustees) of (residence) parties of the second part, and (name, residence, and occupation of the creditor for whose benefit the trust is created) of party of the third part, wit nesseth, 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 parties 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 insurance 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 of the first part fail or neglect to pay said taxes, when the same are by law dus 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 |