good and sufficient deed of release shall be executed to own proper costs and charges. Witness the following signature and seal at State of VIRGINIA, (Signatures.) (Seals.) to wit: COUNTY (or Corporation) OF 1, , a (here insert title of officer) in and for the county (07 corporation) aforesaid, in said State of Virginia, do certify that (here insert name or names of grantors*), whose name is (or names are) signed to the writing above (or hereto annexed) bearing date on the A. D. 19 day of has (or have) acknowledged the same before me in my county (or corporation) aforesaid. Given under my hand this A. D. 19. STATE OF VIRGINIA, COUNTY (or Corporation) OF a to wit: day of (Signature of officer.) I, in and for the State and county (or corporation) aforesaid, do certify that (here insert the name and date of the writing and names of persons signing same on behalf of the corporation) has (or have) acknowledged the same before me in my county (or corporation) aforesaid. Given under my hand this A. D. 19 day of (Signature of officer.) (135.) Deed of Trust to Secure a Debt, Payable in Gold Coin, in use in California. part of the second part, and (name, residence, and occupation of the grantee or grantees, trustee (name, or trustees) of residence, and occupation of creditor, for whose security the trust is created) of the third part witnesseth: Baid ha borrowed and received of the in gold coin of the United States, the sum of dollars, and ha agreed to repay the same on the Whereas, the said day of A. D. nineteen hundred and to the in like gold coin, with interest, according to the terms of a certain promissory note, of even date herewith, executed and delivered therefor by the said Now this Indenture Witnesseth, That the said part of the first part, *Separate acknowledgment of married woman not required. in consideration of the aforesaid indebtedness to the and of one dollar to in hand paid by the part of the second part, the receipt whereof is hereby acknowledged, and for the purpose of securing the payment of said promissory note, and of any sum or sums of money, with interest thereon, that may be paid or advanced by, or may o:herwise be due of the second or third part, under the provisions of this inby these presents grant, bargain, sell, convey, and confirm of the second part in joint tenancy, and to the survivor of them, their successors and assigns, the piece or parcel of land situate in the , county of State of to the part strument, do unto the part described as follows: (here describe carefully the land or premises conveyed substantially as directed in Form 107.) And also, all the estate and interest, homestead, or other claim or demand, as well in law as in equity, which the said part of the first part now ha or may hereafter acquire of, in, and to said premises, with the appurte nances; To have and to hold the same to the parties of the second part, as joint tenants (and not as tenants in common), with right of survivorship as such, and to their successors and assigns (said parties of the second part and their successors being hereby expressly authorized to convey, subject to the *rusts herein expressed, the lands above described), upon the trusts and confidences hereinafter expressed, to wit: FIRST, During the continuance of these trusts, the party of the third part and the parties of the second part, their successors and assigns, are hereby authorized to pay, without previous notice, all taxes, assessments, and liens now subsisting, or which may hereafter be imposed by national, state, county, city, or other authority, upon said premises, and on the money so borrowed as aforesaid, to whomsoever assessed, and all or any incumbrances now subsisting, or that may hereafter subsist thereon, which may in their judgment affect said premises or these trusts, at such time as in their judgment they may deem best; or in their discretion, for the benefit and at the expense of said part of the first part, to contest the payment of any such taxes, assessments, liens, or incumbrances, or defend any suit or proceeding instituted for the enforcement thereof; and in like manner to prosecute or defend any suit or proceeding that they may consider proper to protect the title to said premises, and these trusts shall be and continue as security to the party of the third part, and their assigns, for the repayment, in gold coin of the United States, of the moneys so borrowed by the and the interest thereon, and of all amounts so paid out, and costs and expenses incurred as aforesaid, whether paid by the part of the second or third part, with interest on such payments at the rate of cent. per month until final repayment. SECONDLY, In case the said per shall well and truly pay, or cause to be paid at maturity, in gold coin as aforesaid, all sums of money so borrowed as aforesaid, and the interest thereon, and shall upon demand repay or deposit all other moneys secured, or intended to be secured hereby, and also the reasonable expenses of this trust, then the parties of the second part, the survivor of them, their successors and assigns, shall reconvey all the estate in the premises aforesaid to them by this instru ment granted unto heirs and assigns, at request and cost. THIRDLY, If default shall be made in the payment of any of said sums of principal or interest, when due, in the manner stipulated in said promissory note, or in the reimbursement of any amounts herein provided to be paid, or of any interest thereon, then the said parties of the second part, or the survivor of them, their successors or assigns, on application of the party of the third part, or their assigns, shall sell the above granted premises, or such part thereof as in their discretion they shall find it necessary to sell in order to accomplish the objects of these trusts, in the manner following, namely: They shall first publish the time and place of such sale, with a description of the property to be sold, at least a week for weeks, in some newspaper published in the county of and may from time to time postpone such sale by publication; and, on the day of sale so advertised, or to which such sale may be postponed, they may sell the property so advertised, or any portion thereof, at public auction, in any county where any part of said property may be situated, to the highest cash bidder; and the holder or holders of said promissory note, their agent or assigns, purchase at such sale. may bid and And the part of the second part or assigns, shall establish as one of the conditions of such sale, that all bids and payments for said property shall be made in like gold coin as aforesaid, and upon such sale shall make, execute, and after due payment made, shall deliver to the purchaser or purchasers, his or their heirs and assigns, a deed or deeds of grant, bargain, and sale, of the above granted premises, and out of the proceeds thereof shall pay : FIRST, The expenses thereof, together with the reasonable expenses of this trust, including counsel fees of dollars, in gold coin, which shall become due upon any default made by the in any of the payments aforesaid. SECOND, All sums which may have been paid by the said or the part of the second part, successors or assigns, or the holders of the note aforesaid, and not reimbursed, and which may then be due, whether paid on account of incumbrances or insurance, as aforesaid, or in the performance of any of the trusts herein created, and with whatever interest may have accrued thereon; next the amount due and unpaid on said promissory note, with whatever interest may have accrued thereon; and lastly, the balance or surplus of such proceeds, if any, to said heirs or assigns. And in the event of a sale of said premises, or any part thereof, and the execution of a deed or deeds therefor, under these trusts, then the recitals therein of default and publication shall be conclusive proof of such default and of the due publication of such notice; and any such deed or deeds, with such recitals therein, shall be effectual and conclusive against the said part of the first part, heirs or assigns, and all other persons; and the receipt for the purchase-money contained in any deeds executed to the purchaser, as aforesaid, shall be a sufficient discharge to such purchaser from all obligation to see to the proper application of the purchasemoney, according to the trusts aforesaid. hereunto set In Witness Whereof, the said part of the first part ha (Signatures.) (Seals.) Duly Signed, Sealed, and Delivered in the presence of (136.) 'Trust Deed to Secure Payment of a Promissory Note, in use in Colorado. day of of our Lord one thousand nine hundred and This Indenture, Made this the year between of in (name and occupation of grantor or grantors), of the county (residence) and State of Colorado, part of the first part; and (name and occupation of grantee or grantees) of the county of (residence) and State of Colorado, party of the second part, witnesseth, That Whereas, The said part of the second part, ha sum of paid, at the rate of promissory note executed bearing even date herewith, for the dollars, payable to the order of with interest thereon, from be counted as principal. per cent. per And whereas, the said part of the first part payable ing not only the prompt payment of said promissory note until or ta desirous of secur and the interest that may accrue thereon, in whose hands soever the same may be. Now therefore, the said part of the first, in consideration of the premises and for the purpose aforesaid, and in the further consideration of one dollar to in hand paid by the said party of the second part, the receipt whereof is hereby confessed, ha and hereby do grant, bargain, sell, and convey unto the said party of the second part, in trust, forever, all the lands and premises situate in the county of and State (here describe of Colorado, known and described as follows, to wit: To Have and to Hold the same, together with all and singular the tenements, hereditaments, privileges, and appurtenances thereunto belonging, to the said party of the second part, or upon his failure to act, to his successor, in trust forever: In trust, nevertheless, that in case of default in the payment of the said promissory note or any part thereof, or the interest thereon, according to the tenor and effect of said note or in case of the breach of any of the covenants or agreements herein mentioned, then on the application of the legal holder of said promissory note or either of them, to sell and dispose of the said premises, and all the right, title, of the first part benefit, and equity of redemption of the said part heirs and assigns therein, at public auction, at the in the county of or on any part thereof, as may be specified in the notice of such sale, for the highest and best price the same will bring in cash, and State of Colorado, or on said premises, weeks' notice having been previously given of the time and place of such sale, by advertisement in any newspaper at that time published in said last-named county, and to make, execute, and deliver to the purchaser or purchasers at such sale, good and sufficient deed or deeds of conveyance for the premises sold; and out of the proceeds or avails of such sale and the purchase-money paid thereon, after first paying all costs of advertising, sale, and conveyance, including the reasonable fees and commissions of said party of the second part, and all other expenses of this trust, including all moneys advanced for insurance, taxes, and other liens or assessments, with interest thereon, at per cent. per then to pay the principal of said note whether due and payable by the terms thereof or not, and interest due on said note up to the time of such sale, rendering the overplus (if any) unto the said part of the first part legal representatives or assigns, on reasonable request (and it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money); which sale or sales so made shall be a perpetual bar, both in law and equity', against the said part of the first part, heirs and assigns, and all other persons claiming the premises aforesaid, or any part thereof, by, from, through, or under said part of the first part, or any of them. And in case of any suit or proceeding at law or in equity wherein said party of the second part shall be made a party by reason of his trusteeship under this deed, he shall be allowed and paid his reasonable costs, charges, attorney's and solicitor's fees, in such suit or proceeding by said part of the first part, and the same shall be a further charge and lien upon said premises under this deed, to be paid out of the proceeds of sale thereof, as aforesaid, with interest thereon at the rate of per cent. per if not otherwise paid by said part of the first part. And the said party of the second part, or his successor in trust, with or without re-advertising, is hereby authorized and empowered to postpone or adjourn said sale from time to time, or any length of time, at his discretion; and also to sell the said premises en masse or in separate parcels, as he may prefer or think best. And the said for and heirs, executors, and administrators covenant and agree to and with the said party of the second part, and his successor in trust |