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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics online

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, 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 primd facie evidence of such fact ; and such trustee shall, out of the



466 DEEDS CONVEYING LAND.

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 occasioned by others.

In Witness Whereof, The said parties have hereunto set their hands and
Beak the day and year first above written.

(Signature of party of the first part.) ( Seal.)
(Signature of party of the second part.) (Seal.)
(Signature of party of the third part.) (Seal.)

Signed, Sealed and Delivered in Presence of us
STATE OF ^

> 88.

COUNTY OF )

Be it Remembered, That on this day of

A.D. 186 , before the undersigned, a

within and for the County of and State of , personally

came (names of all the parlies 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 /ear first above written.

(Signature.) (Seal.)



(123.)

Deed of Trust to Secure a Debt; Fuller Form, and with
Release of Dower.

This Deed, Made and entered into this day of ,

eighteen hundred and sixty- , by and between (name and occupation

of the debtor who is grantor) and (name of the wife of the grantdr) of' (resi-
dence) 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 occu-
pation of the creditor for whose benefit the trust is created) of party of the
third part, witnesseth, 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 dollar to
them paid by the said parties of the second part, the receipt of which is hereby



FORMS OF DEEDS. 467

acknowledged, do by these presents grant, bargain and sell, uonvey 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 and debtor) (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 insur-
ance 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, or 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 due 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 assign-
ees, may, at his option, consider the notes above mentioned and described, as hav-
ing 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 herrin-
after 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 con-
sidered 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 corenants and agreements in regard to taxes, insurance, and mechanics'



468 DEEDS CONVEYING LAND.

liens be faithfully kept and performed, and all moneys paid by said third r*art, 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 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 she county of for the tune 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 tune, 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 purchaser 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 pur-
poses, 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 of 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 faii-jfc to pay
any one of said notes, principal or interest, when due and payable, shall - *UBV the



FORMS OP DEEDS. 469

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.

(Signature of grantor.) (Seal.)

(Signature of grantor's wife.) (Seal.)

(Signature of trustee.) (Seal.)

(Signature of other trustee.) (Seal.)

(Signature of creditor.) (Seal.)
Siqned, Sealed and Delivered in the Presence of



STATE OF )

[-88.

COUNTY OF )

Be it Remembered, That on this day of eighteen

hundred and sixty- before me, the undersigned, came

(names 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.

And the said 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 with-
out 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.



(124.)

Trust Deed to Secure a Note, Shorter Form, but with Warranty,
and Release of Homestead and Dower.

This Indenture Witiiesseth, 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 ($1) dollar to
them paid by (name, residence, and occupation of the trustee) grantee , the

receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, remise,



470 DEEDS CONVEYING LAND.

release and convey unto the said grantee , the following-described lot , piece ,
or parcel of land, situate in the county of and Stale of

to wit (here 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 (name of the grantor) grantor, herein, is justly indebted
upon a certain promissory note, bearing even date herewith, payable to the order
of (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 pay-
ment 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 news-

paper published in or by posting up written or printed notices

in four (4) public places hi 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 the 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 pur-
chase 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 the 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 hia



FORMS OF DEEDS. 471

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 repre-
sentatives 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 greruises, or any part thereof, during the continuance hereof,
and pay the same ten days before the day of sale thereof.

Witness the hands and seals of the said (names of grantor and his wife)

this day of A.D. 186

(Signature of grantor.) (Seal.)

(Signature of wife of grantor.) (Seal.)

In Presence of



STATE OF

COUNTY.
On the day of eighteen hundred and sixty-



Sss.



before me of the county of in the State of

appeared (name of the grantor) personally known to me to be the real person

whose name subscribed to the foregoing deed of trust, as having executed

the same, and then acknowledged the execution thereof as 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 t>e 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, separate 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
compulsion of her husband, and that she does not wish to retract.

Given under my hand and official seal, this day of

A.D. 186

(Signature.) (Seal.)

(125.)
Deed from Trustees.

This Deed, Made and entered into this day of A.D.

eighteen hundred and by and between (names of trustees) party

of the first part, and (name, residence, and occupation of grantee) party of the



472 DEEDS CONVEYING LAND.

second part, witnesseth, that whereas (name of th( party who conveyed t7ie

estate to the trustees) by deed dated the day of 186

recorded in the Recorder's office of County, State of in

book conveyed the property hereinafter described hi trust to said

(name of trustees) to secure the payment of certain promissory notes in said
deed described, and whereas (here 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 tune, terms, and place of sale, and of the property to be sold, by an
advertisement inserted on the day of A.D.

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 on the

day of 186 between the hours of ten o'clock in the moming and five

o'clock hi 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 afore-
said, 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 Hie trustees act)

To Have and to Hold the said described premises unto said (name

of the purchaser) and unto his heirs and assigns forever.

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.

(Signature.) (Seal.)

In presence of (Signature.) (Seal.)

STATE OF , )

[M.
COUNTY )

Be it Remembered, that on this day of A.D. 186

before me, the undersigned, personally came 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
eame to be their act and deed for the purposes therein mentioned.

(Signature.)



POEMS OF DEEDS. 473

(126.)

x

Deed of Master in Chancery.

This Indenture, Made this day of A.D. 18 ,

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

and State of , of the first part, and (name

of grantee) of the second part, witnesseth : That whereas, at the
terra of the court of the said County of and State

of , in the year of our Lord A.D. 18 , in a certain suit and

proceedings in chancery, pending in said court, wherein

were complainant , and

were defendant , to obtain a decree for the sale of the property hereinafter
described, and for other relief, it was ordered, adjudged, and decreed by the court,
that (here set forth the decree under which the sale is made) and the master

in chancery, in and for the County of and State of ,

was appointed to execute the said decree, and to make, execute, and deliver to the
complainant a deed to the said premises as aforesaid, conveying to (the name,

residence, and occupation of the grantee) all the interest and title of the defendant
to said premises.

Now, Therefore, Know all Men by this Deed, That I,

Master in Chancery as aforesaid, in consideration of one dollar, to
me paid by the said party of the second part, the receipt whereof I acknowledge
before the execution hereof, and by virtue of the decree aforesaid, have granted,
bargained, and sold, and do hereby grant, bargain, and sell unto the said party of
the second part, his heirs and assigns forever, the following-described real estate,
lying in the County of and State of to wit (here

describe carefully the land or premises granted, as directed in Form 107)

To Have and to Hold the said premises, with all the appurtenances thereto
belonging, unto the said party of the second part, his heirs and assigns forever.

In Testimony AV hereof, The said Master

in Chancery of County, in the State of , has hereto

set his hand and seal the day and year first above written.

(Signature.) (Seal.)

In Presence of



;t



STATE OF

' 88.

COUNTY.

I, clerk of the county court in and for the

County of and State of , do hereby certify, that the

above-named whose name appears signed to tne foregoing



474 DEEDS CONVEYING LAND.

deed, is personally known to me to be the same person described therein, and
acknowledged to me that, as master in chancery aforesaid, he executed the said
deed freely for the uses and purposes therein mentioned.

Given under my hand and official seal at this

day of A.D. 18 .

(Signature.) Clerk. (Seal.)

(127.)
Sheriff's Deed on Execution, in Use in the Western States.

"Whereas, (the name of the plaintiff" in the suit in which the execution issued)
did at the term, A.D. eighteen hundred and sixty- of

the court for the County of in the

State of , recover a judgment against (name of the defendant

in that suit) for the sum of and costs of suit, upon which

judgment an execution was issued, dated on the day of

A.D. eighteen hundred and sixty- directed to the sheriff of

County, to execute, and by virtue of said execution (name of the sheriff)

of then sheriff of said county, levied upon the lands hereinafter

described, and the same were struck off and sold to (name of the purchaser at

the sheriff's sale) he being the highest and best bidder therefor, and the time and
place of the sale thereof having been duly advertised according to law.

And the said (name of the purchaser) having duly assigned his certificate

of purchase to (name of the grantee}

Now, Therefore, Know all by this Deed, That I (name of the

sheriff) sheriff of said County of in consideration of the premises,

have granted, bargained, and sold, and do hereby convey to the said (name

of the grantee) his heirs and assigns, the following-described tract of land, to wit
(here describe carefully the land or premises granted, as directed in Form 107)

To Have and to Hold the said described premises, with all the appurte-
nances thereto belonging, to the said (name of the grantee) and his heirs and
assigns forever.

"Witness my hand and seal, this day of in the year

of our Lord one thousand eight hundred and sixty- .

(Signature.) (Seal.)

In Presence of

Sheriff of County.

STATE OF , )

V 88.

COUNTY OF )



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 47 of 70)