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(240.) A Mortgage of Personal Property. Know all Men by these Presents, That I (name of mortgagor) of the Inwn of County of and State of

for and in consideration of

dollars, to me in hand paid by iname of mortgagee) of the town of

County of

and State aforesaid, do sell and convey to the said (name of mortgagee) the following goods and chattels, to wit (list or schedule of the articles, specifying them with sufficient distinctness to make it certain what they are) warranted free of incumbrance, and against any adverse claims: Upon condition, that if the said (name of the mortgagor) pay to the said (name of the mortgagee) dollars and interest, in year , agreeably to a promissory note of this date, for that sum, payable to the said (name of mortgagee) or order, on demand, with interest, this deed shall be void, otherwise in full force and effect.

The aforesaid Parties Agree, That, until the condition of this instrument is broken, the said property may remain in possession of the said (name of mortgagor), but after condition broken the said (name of mortgagee) may at his pleasure take and remove the same, and may enter into any building or premises of the said (name of the mortgagor) for that purpose. Witness our hands and seals this

A.D (Signature of mortgagor.) (Seal.)

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

day of

}

STATE OF

SS.
COUNTY OF
Be it Remembered, That on this

day of nineteen hundred and

before me, the undersigned, Notary Pubic in and for said County and State, duly commissioned and qualified, came

who is known to me to be the same person whose name is subscribed to the foregoing instrument of writing, as party thereto, and he acknowledged the same to be his act and deed, for the purpose therein men. tioned.

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

the day and year last afore. said.

Notary Public.

(241.) A Mortgage of Personal Property, with Warranty. Know all Men by these Presents, That I, (name and residence of mortgagor) in consideration of the sum of

to me in hand paid by {name and residence of mortgagee) the receipt whereof is hereby acknowl. edged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said (name of mortgagee) the following articles of personal property; that is to say (list or schedule as in Form 240).

To Have and to Hold all and singular, the said goods and chattels, unto the said (name of the mortgagee) and his executors, administrators, and assigns, to his and their use forever. And I the said mortgagor, for myself and for my executors and administrators, do covenant to and with the said mortgagee, and with his executors, administrators, and assigns, that I am lawfully posBessed of the said goods and chattels, as of my own property ; that the same are free from all incumbrances,

and that I will, and my executors and administrators shall, warrant and defend the same to the said mort. gagee, his executors, administrators, and assigns, against the lawful claims and demands of all persons.

Provided Nevertheless, That if the said mortgagor, his executors or administrators, shall well and truly pay unto the said mortgagee, his executors, administrators, or assigns, the sum of

dollars, in months from the date hereof (or on a certain day, stating the day when the money is to be paid) with interest at

per cent., then this deed, as also a certain promissory note bearing even date herewith, signed by the said mortgagor, whereby he promises to pay the said mortgagee the said

and interest at the time aforesaid, shall both be void ; otherwise shall remain in full force and virtue.

And Provided Also, That until default by the said mortgagor, or his executors and administrators, in the performance of the condition aforesaid, or of some part thereof, it shall and may be lawful for him or them to keep possession of the said granted property, and to use and enjoy the same; but in case of such default, or if the same or any part thereof shall be attached, at any time before payment as aforesaid, by any other creditor or creditors of the said mortgagor, or if the said mortgagor, or his executors or administrators, shall attempt to sell the same, or any part thereof, without notice to the said mortgagee, or his executors, administrators, or assigns, and without his or their assent to such sale in writing expressed, or shall remove the same, or any part thereof, from the place in which they now are, without such notice and assent, then it shall be lawful for the said mortgagee, or his executors, administrators, or assigns, to take immediate possession of the whole of said granted property, to his and their own use. In Testimony Whereof, I have hereunto set my hand and seal this day of

in the year of our Lord one thousand ning bundred and

(Signature.) (Scal.) Executed and Delivered in the Presence of

sum

gagee, on the

in the year

(242.) A Mortgage of Personal Property, with a Power of Sale.

Know all Men by these Presents, That I, (name of mortgagor) of the town (or city) of in the County of

and State of in consideration of

dollars, to me paid by (name of mortgagee) of the town (or city) of

in the County of and State of

the receipt whereof is hereby acknowledged, do hereby grant, bargain, and sell unto the said (name of mortgagee) and his assigns, forever, the following goods and chattels, to wit (list or schedule, as in Form 240).

To Have and to Hold, All and singular the said goods and chattels unto the mortgagee herein, and his assigns, to their sole use and behoof forever. And the mortgagor herein, for himself and for his heirs, executors, and administrators, does hereby covenant to and with the said mortgagee

and his assigns, that said mortgagor is lawfully possessed of the said goods and chattels, as of his own property ; that the same are free from all incumbrances, and that he will warrant and defend the same to him the said mortgagee and his assigns, against the lawful claims and demands of all persons. Provided, Nevertheless, that if the said mortgagor shall pay to the mort. day of

the sum of

dollars, then this mortgage is to be void, otherwise to remain in full force and effect.

And Provided Further, That until default be made by the said mort. gagor in the performance of the condition aforesaid, it shall and may be lawful for him to retain the possession of the said goods and chattels, and to use and enjoy the same ; but if the same or any part thereof shall be attached or claimed by any other person or persons at any time before payment, or the said mortgagor, or any person or persons whatever, upon any pretence, shall attempt to carry off, conceal, make way with, sell, or in any manner dispose of the same or any part thereof, without the authority and permission of the said mortgagee or his executors, administrators, or assigns, in writing expressed, then it shall and may be lawful for the said mortgagee, with or with. out assistance, or his agent or attorney, or his executors, administrators, or assigns, to take possession of said goods and chattels, by entering upon any premises wherever the same may be, whether in this county or State, or else. where, to and for the use of said mortgagee or his assigns. And if the moneys hereby secured, or the matters to be done or performed, as above specified, are not duly paid, done or performed at the time and according to the conditions above set forth, then the said mortgagee, or his attorney or agent, or his executors, administrators, or assigns, may by virtue hereof, and without any suit or process, immediately enter and take possession of said goods and chattels, and sell and dispose of the same at public or private sale, and after satisfying the amount due, and all expenses, the surplus, if any remain, shall be paid over to said mortgagor or his assigns. The exhibition of this mortgage shall be sufficient proof that any person claiming to act for the moit. gagee is duly made, constituted, and appointed agent and attorney to do whatever is above authorized.

In Witness Wuereof, The said mortgagor has hereunto set his hand and seal this

in the year of our Lord one thousand nine hundred and

(Signature of mortgagor.) (Seal.) Signed, Sealed, and Delivered in the presence of

day of

STATE OF

SS.

COUNTY. This mortgage was acknowledged before me, by gagor), this

day of

A.D. 19

(the mort

(243.)
Mortgage of Personal Property, with Power of Sale

another Form. Know all Men by these Presents, That I (name and residence of morto gagor) in consideration of the sum of

to me paid by (name and residence of mortgagee) the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said (name of mortgagee) the following named and described articles of personal property ; that is to say (here follows the list or schedule and description of the articles mortgaged, as in Form 240).

To Have and to Hold, All and singular, the said goods and chattels, anto the said (name of mortgagee) and his executors, administrators, and assigns, to his and their sole use forever. And I, the said mortgagor, for myself and my executors and administrators, do covenant to and with the said mortgagee and his executors, administrators, and assigns, that I am lawfully possessed of the said goods and chattels, as of my own property: that the same are free from all incumbrances; and that I will, and my executors and administrators shall, warrant and defend the same to the said mortgagee and his executors, administrators, and assigns, against the lawful claims and demands of all persons.

Provided Nevertheless, That if the said mortgagor, or his executors or administrators, shall well and truly pay unto the said mortgagee, or his executors, administrators, or assigns, the sum of

then this deed, as also a certain promissory note bearing even date herewith, signed by the said mortgagor, whereby he promises to pay the said mortgagee the said sum and interest at the time aforesaid, shall both be void, and otherwise they shall remain in full force and virtue.

And Provided Also, That until default by the said mortgagor or his executors and administrators, in the performance of the condition aforesaid, or of some part thereof, it shall and may be lawful for him or them to keep

possession of the said granted property, and to use and enjoy the same; but in case of such default, or if the same or any part thereof shall be attached at any time before payment as aforesaid, by any other creditor or creditors of the said mortgagor, or if the said mortgagor, his executors or administrators, shall attempt to sell the same or any part thereof without notice to the said mortgagee or his executors, administrators, or assigns, and without his or their assent to such sale in writing expressed; or shall remove the same, or any part thereof, from the place where they now are, without such notice and assent, then it shall be lawful for the said mortgagee, his executors, administrators, or assigns, to take immediate possession of the whole of said granted property to his or their own use, and to sell and dispose of the whole, or of so much of said granted property at public auction, as shall produce a sum of money sufficient to pay and discharge the above-mentioned debt or liability, with interest, and all costs and charges of keeping and selling the same, and all just and equitable liens then existing thereon, without further notice or demand, except giving day's notice of the time and place of said sale to said mortgagor or his legal representatives; and after the said debt or liability, with interest, costs, charges, and liens, shall be so discharged and satisfied, the surplus of the money arising from said sale and the residue of said granted property, shall be paid and restored to said mortgagor or his legal repre. sentatives, discharged from all claim under this mortgage. In Testimony Whereof, I

the said (name of mortgagor) have hereunto set my hand and seal this

day of

in the year of our Lord one thousand nine hundred and

(Signature.) (Seal.) Executed and Delivered in Presence of

ABSTRACT OF THE LAWS OF THE STATES AND TERRITORIES CONCERNING CHATTEL

MORTGAGES.

ALABAMA. - Personal property may be mortgaged, but to be good against creditors and purchasers without notice, the mortgage must be recorded in the county where the grantor lives, and also in the county where the property is at the time of conveyance. If removed to another county, the mortgage must be recorded there within three months. Mortgages of personal property usually contain powers of sale, and are foreclosed according to the provisions of the mortgage.

ALASKA.- Any transferable interest may be mortgaged, but to be valid against creditors possession must be delivered to and retained by the mortgagee, or an affidavit filed as to good faith. The mortgage must be acknowledged, and filed in the office of the recorder of the precinct where the mortgagor is and in that where the property is. Within thirty days next preceding the expiration of one year from the original filing, it must be renewed, which has the effect of extending the lien one year. Chattel mort. gages are foreclosed in the same manner as mortgages on real property. If the mort. gagor sells the property during the existence of the lien without notifying the purchaser of the existence thereof, he forfeits twice the value of the property sold.

ARIZONA.--All personal property may be mortgaged. The mortgage must set forth the residences of the mortgagor and mortgagee, the sum to be secured, the rate of interest to be paid, and when and where payable, and both parties must make affidavit that the mortgage is bona fide, and not made to defraud or delay creditors. The mort. gage, with the affidavit annexed, must be recorded in the county where the inortgagor lives, and also where the property is situated when there is not immediate delivery and continued change of possession. Foreclosure by notice and sale. Notice must be served on mortgagor, subsequent purchasers and persons having recorded liens, posted in three public places in the county ten days before the sale, and published once in a newspaper in the county.

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