« iepriekšējāTurpināt »
An Assignment of Mortgage,
Release on Satisfaction of a Mortgage.
(183.) Mortgage Deed to Secure a Bond, in use in South
Carolina. THE STATE OF SOUTH CAROLINA. To all whom these Presents may concern, I (or we) (name, residence, and occupation of grantor or grantors), send greeting : Whereas, the said
in and by
certain bond or obligation bearing date the
stand firmly held and bound unto (name of grantee) in the penal sum of
conditioned for the payment of the full and just sum of
as in and by the said bond and condition thereof, reference being thereunto had, will more fully appear. Now Know all Men, That the said
in consideration of the said debt and sum
of money aforesaid, and for the better securing the payment thereof to the said
according to the condition of the said bond , and also in consideration of the further sum of three dollars to the said
in hand well and truly paid by the said at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, and released, and by these presents do grant, bargain, sell, and release unto the said (describe carefully the land and premises granted, substantially as directed in Form 107.)
Together with all and singular the rights, members, hereditaments, and appurtenances to the said premises belonging, or in anywise incident oi appertaining. To Have and to Hold all and singular the said premises unto the said heirs and assigns forever. And do hereby bind
heirs, executors, and administrators, to warrant and forever defend all and singular the said premises unto the said
heirs and assigns, from and against
heirs, executors, administrators, and assigns, lawfully claiming, or to claim the same, or any part thereof. And it is agreed, by and between the said parties, that the said mortgagor,
heirs, executors, or administrators, shall and will forth with insure the house and buildings on said lot, and keep the same insured, from loss or
damage by fire, and assign the policy of insurance to the said executors, administrators, or assigns; and in case he or they shall at any time neglect or fail so to do, then the said mortgagee,
executors, administrators, or assigns, may cause the same to be insured in their own name, and reimburse themselves for the premium and expense of such insurance under the mortgage.
Provided Always, nevertheless, and it is the true intent and meaning of the parties to these presents, that if the said do and shall well and truly pay, or cause to be paid, unto the said
the said debt or sum of money aforesaid, with the interest thereon, if any shall be due, according to the true intent and meaning of said bond and condition thereunder written, then this deed of bargain and sale shall cease, determine, and be utterly null and void, otherwise it shall remain in full force and vigor.
And it is agreed, by and between the said parties, that to hold and enjoy the said premises until default of payment shall be made. Witness hand and seal this
, in the year of our Lord one thousand nine hundred and
and in the year of the sovereignty and independence of the United States of America.
(Signatures.) (Seals.) Signed, Sealed, and Delivered in the Presence of,
STATE OF SOUTH CAROLINA,
COUNTY. Personally appeared before me,
and made oath, that saw the within named sign, seal, and as act and deed, deliver the within written deed: and that
witnessed the execution thereof. Sworn to before me this
STATE OF SOUTH CAROLINA,
RENUNCIATION OF DowER.
County. I, do hereby certify unto all whom it may concern, that wife of the within named did this day appear before me, and upon being privately and separately examined by me, did declare that she does freely, voluntarily, and without any compulsion, dread, or fear of any person or persons whomsoever, renounce, release, and forever relinquish unto the within named heirs and assigns, all her interest and estate, and also all her right and claim of dower, of, in, or to all and singular the premises within mentioned and released. Given under my hand and seal, this
(184.) Mortgage Deed with Power of Sale, to Secure Debt, in
use in Georgia. GEORGIA,
COUNTY. This Indenture, Made the
in the year of our Lord one thousand nine hundred and
between (name and occupation of grantor or grantors) of the County of
of the one part, and (name and occupation of grantee or grantees) of the County
of the other part: Witnesseth, That the said
for and in consideration of the sum of
in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, ha granted, bargained, sold, aliened, conveyed, and confirmed, and by these presents do grant, bargain, sell, aliene, convey, and confirm unto the said heirs and assigns, all (here describe the land or premises granted, substantially as directed in Form 107).
To Have and to Hold the said with all and singular the rights, members, and appurtenances thereunto appertaining, to the only proper use, benefit, and behoof of the said
heirs, executors, admin. istrators, and assigns, in fee-simple ; and the said the said bargained,
unto the said heirs, executors, administrators, and assigns, against the said heirs, executors, and administrators, and against al) and every other person or persons, shall and will warrant and forever defend by virtue of these presents. And the said
hereby agrees that if the debt to secure which this deed is made is not promptly paid at maturity according to the tenor and effect of the said
made at the execution of this deed, then the said may, and by these presents
authorized to sell at public outcry to the highest bidder, for cash, all of said property, or a sufliciency thereof to pay said indebtedness with the interest thereon and the costs of the proceeding, after advertising the time, place, and terms of sale in newspaper for days. And the said
may make to the purchaser or purchasers of said property good and sufficient titles in fee-simple to the same, thereby divesting out of the said all right, title, and equity that may have in and to said property, and vesting the same in the purchaser or purchasers aforesaid. The proceeds of said sale are to be applied first to the payment of the said debi and interest and the expenses of this proceeding, the remainder, if any, paid to In Witness Whereof, The se d
his wife, who
hereby consents to the execution of this deed, have hereunto set their hands and affixed their seals, and delivered these presents, the day and year first above written.
(Signatures.) (Seals.) Signed, Sealed, and Delivered in Presence of us
(185.) Mortgage to Secure a Promissory Note, in use in Kansas. This Indenture, Made this
in the year of our Lord one thousand nine hundred and
between (name and occupation of grantor or grantors) of
in the County of (residence) and State of
of the first part, and (name, residence, and occupation of grantee or grantees) of the second part: witnesseth, that the said part of the first part, in consideration of the sum of
dollars, to duly paid, the receipt of which is hereby acknowledged, ha sold, and by these presents do grant, bargain, sell, and mortgage to the said part of the second part,
heirs and assigns forever, all that tract or parcel of land s tuate in the County of and State of Kansas, described as follows, tu wit: (here describe accurately the land or premises granted, substantially is directed in Form '107), with the appurtenances, and all the estate, title, and interest of the said part of the first part therein.
This grant is intended as a mortgage to secure the payment of the s'um of dollars, according to the terms of
certain And this conveyance shall be void if such payment be made as is herein specified. But if default be made in said payment, or any part thereof, as provided, then this conveyance shall become absolute, and it shall be lawful for said part of the second part, executors, administrators, and assigns, at any time thereafter, to sell the premises hereby granted, or any part thereof, in the manner prescribed by law; and out of all the moneys arising from such sale, to retain the amount then due for principal and interest, and also for statutory damages in case of protest, together with the costs and charges of making such sale, and
per cent. on the amount secured by this mortgage, as a reasonable attorney's fee for foreclosure hereof, and the overplus, if any there be, shall be paid by the part making such sale, to the said
heirs or assigns; and for the said consideration, the said part of the first part hereby waive appraisement of said real estate.
In Witness Whereof, The said part of the first part ha hereunto set hand and seal the day and year last above written.
(Signatures.) (Seals.) Signed, Sealed, and Delivered in the Presence of STATE OF KANSAS,
AD. 18 before me
ip and for said County and State, came
to 18 ,
me personally known to be the same person who executed the foregoing instrument, and acknowledged the execution of the same.
In Witness Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last above written.
(Signature.) (Seal.) The wife does not need to join in the mortgage unless she is a resident and a homestead is involved.
(186.) Mortgage Deed in use in Missouri. Know all Men by these Presents, That (name and occupation of the grantor or mortgagor and his wife) of the County of
in the State of Missouri, ha this day, for and in consideration of the sum of dollars to the said in hand paid, by (name and occupation of mortgagee) of the County of in the State of
the receipt whereof is hereby acknowledged, granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said
the following described tracts or parcels of land, situate in the County of , in the State of Missourl, that is to say (here describe the premises mortgaged as directed in Form 107).
To Have and to Hold the premises hereby conveyed, with all the rights, privileges, and appurtenances thereto belonging, or in anywise appertaining unto the said heirs and assigns forever, upon this express condition : Whereas, the said
made, executed, and delivered to the said
certain promissory note , in words and figures following, to wit: Now, if the said executor , or administrator , shall pay
the sum of money specified in said note, and all the interest that may be due thereon, according to the tenor and effect of said note, then this conveyance shall be void; otherwise, it shall remain in full force and virtue in law, and the said
or executor , or administrator may proceed to sell the property hereinbefore described, or any part thereof, at public vendue, to the highest bidder, at in the County of
for cash in hanıl, first giving days' public notice of the time, terms, and place of sale:, and of the property to be sold, by advertisement
; and upon such sale, and the payment of the purchase money, shall execute and deliver a conveyance of the property so sold to the purchaser thereof; and any statement of fact or recital by the said
in such conveyance, in relation to the advertisement, sale, receipt of the purchase money, or execution of said conveyance, shall be received as prima facie evidence of the truth thereof, and the said
shall, with the proceeds of the sale aforesaid, pay, first, the expenses of this trust, and, next, whatever may be in arrear and unpaid on said note, whether of principal or interest, and the balance (if any) shall be paid over to the said
or his legal representatives. In Witness Whereof, have hereunto subscribed
and affixed seal this day of