payable, or if the said parties of the first part fail or neglect to pay said 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, insurance, 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 survivor 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 successor 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 pu 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 or 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 principal 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.

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.

the follow

This Indenture Witnesseth, That (name, residence, and occupation of grantor) and (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 ing described lot piece or parcel of land, situate in the county of 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

and State of

to wit: (here

(name of the grantor) grantor herein, is justly promissory note, bearing even date herewith, 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, shall 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 conveying 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 th above-described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads: Provided, that the said grantor and his heirs and assigns may hold and enjoy said premises, and the rents, issues, and profits thereof, until 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.

appeared

day of

of the County of

nineteen hundred and

in the State of

(name of the grantor) personally known to me to be the real person whose name is subscribed to the foregoing deed of trust, as having executed the same, and then acknowledged the execution thereof as his free act and deed for the uses and purposes herein mentioned.

And the said (name of the wife of grantor) (who is personally known to me to be the same person who subscribed the said instrument of writing), having had the contents of the said instrument made known and fully explained to her, and she also by me being fully informed of her rights under the Homestead Laws of the State, and being by me examined, sepa rate and apart from her said husband, did acknowledge said instrument to be her free act and deed; that she executed the same, and relinquished her dower in the lands and tenements therein mentioned, and also all her rights and advantages under and by virtue of all laws of this State relating to the exemption of homesteads, voluntarily and freely, and without the compul sion of her husband, and that she does not wish to retract.

Given under my hand and official sea!, this

day of (Signature.)

(Sea!)

(150.)

Deed from Trustees.

This Deed, Made and entered into this

day of

nineteen hundred and

by and between

party of the first part, and

party of the second part, witnesseth, that whereas

A.D. (names of trustees) (name, residence, and occupation of granted (name of the party

who conveyed the estate to the trustees) by deed dated the

19 recorded in the Recorder's office of

in book

day of

County,

(here

State of conveyed the property hereinafter described in trust to said (name of trustees) to secure the payment of certain promissory notes in said deed described, and whereas describe the non-payment or other default which has authorized the sale by the trustees) and the party herein of the first part, at the request of the legal holder of said promissory notes acting in pursuance of the provisions of said deed of trust, and having first given days' public notice of the time, terms, and place of sale, and of the property to be sold, by an advertise

ment inserted on the

in the

a daily newspaper printed in the city of and continued to the day of sale (as will appear by the copy of said advertisement and affidavit of publication thereof hereto annexed as a part of this deed) did proceed to sell the property described in said deed at public vendue to the highest bidder for cash at in the city of

day of

19,

between the hours of ten o'clock in the morning and five o'clock in the afternoon of said day, when and where the same was struck off to (the name of the purchaser who is the grantee) as the highest and last bidder therefor, at the price and sum of dollars, full payment whereof is hereby acknowledged; now, said party of the first part, by virtue of the proceedings aforesaid, and in consideration of the sum of dollars to him in hand paid by said party of the second part, does by these presents bargain, sell, and convey to said (name of the grantee) all

the right, title, and interest (which by virtue of said trust deed and the proceedings aforesaid he may or can bargain, convey, or sell) in and to the property described in said deed of trust, to wit (here describe the land or premises granted in the same way in which they are described in the deed of trust under which the trustees act.)

To Have and to Hold the said described premises unto said of the purchaser) and unto his heirs and assigns forever.

(name

In Witness Whereof, the said party of the first part has hereto set his hand and seal the day and year first herein above written.

day of personally came

Be it Remembered, that on this

before me, the undersigned,

A.D. 19

who are

to me personally known to be the same persons whose names are subscribed to the foregoing instrument of writing as parties thereto, and they acknowledged the same to be their act and deed for the purposes therein mentioned.

(Signature.)

(151.)

Deed of Master in Chancery.

This Indenture, Made this

day of

(name of grantor) Master in Chancery, in and for the County of

the second part, witnesseth: That whereas, at the

in the year of our Lord A.D. 19 in a certain suit and proceedings in chancery, pending in said court, wherein

were complainants,