Mortage of R.A. Lee to O.A.C. Acree, Houston, Alabama =============================================================================== USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Judith A. Fowler ================================================================================ May 1999 Located in Houston County Courthouse Dothan, Alabama Mortgage Record Book 22 THE STATE OF ALABAMA, HOUSTON COUNTY Know all men by these presents that we, R. A. Lee and wife Genora Lee, being indebted to O. A. C. Acree, in the sum of Eight Hundred and Eighty Dollars ($880.00) by Wain note and mortgage due October 1, 1906 and for the purpose of securing the payment thereof we hereby sell and convey unto the said O. A. C Acree his heirs and assigns, the following property, to-wit: E 1/2 of SW 1/4 of SW 1/4, SE 1/4 of SW 1/4, Section 18, Township 3, Range 25, all lying and situated in Houston County, Alabama, also 1 yellow male mule 8 years old. To have and to hold the same to the said O. A. C. Acree, his heirs, legal representatives and assigns, forever. To be void, however, if said indebtedness be paid at its maturity. But in case of a failure to pay the same when due or if we should, at any time prior thereto, without the consent of said O. A. C Acree, abandon, sell, destroy, or otherwise dispose of said property, we hereby authorize and empower O. A. C Acree, his agent, attorney, or assignee to take possession of said property, and to sell it as he may deem best to the highest bidder for cash at Newton, Alabama, after advertising the same for 10 days, by posting at 3 public places in Dale County, Alabama, the proceeds of said sale to be applied, first, to the payment of all expenses of seizing and selling said property, probating and recording and attorney's fees for foreclosing this mortgage; and second, to be payment of said note and mortgage and accrued interest thereon; and third, and overplus to be paid to me. We do also authorize the said O. A. C. Acree or his assignee to bid for an become a purchaser of said property, in case of sale, and we do hereby empower the said O. A. C. Acree, his assigns, attorney, or agent, auctioneer making the sale, to execute titles to the purchaser and thereby convey all the rights of property that have therein. And we affirm that we are the lawful owner of said property, and that there is no incumbrance or lien thereon, verbal or written, in favor of any persons. And if I should procure more money from him or become indebted, to the said O. A. C. Acree in excess of the amount herein stated, before the maturity thereof, I hereby expressly agree that such debt shall be and the same is hereby made a part of this mortgage debt, with all of the rights, power and authority as to collection and foreclosure herein expressed and with the further agreement that any payment made shall first be applied to such excess, if the said O. A. C. Acree shall prefer to do so. Given under our hands and seals, this 15th day of November, A. D. 1905. I voluntarily join my husband in the above mortgage. R. A. Lee (LS) Genora Lee (LS) Witness: W. J. Reynolds, NP and JP THE STATE OF ALABAMA, HOUSTON COUNTY I, W. J. Reynolds, a NP and Ex Off JP in and for said County, hereby certify that R. A. Lee and Genora Lee, whose names are signed to the foregoing conveyance, and who are known to me, acknowledged before me this day, that being informed of the contents of the conveyance, executed the same voluntarily, on the day the same bears date. Given under my hand, this the 15th day of November, A. D. 1905, W. J. Reynolds, NP and JP. And I, W. J. Reynolds, do hereby certify that on the 15th day of November 1905, came before me the within named Genora Lee, known to me to be the wife of the within named R. A. Lee, who being examined separate and apart from her husband, touching her signature to the within mortgage, acknowledged that she signed the same of her own free will and accord, without fear, constraint, or threats on the part of her husband. In witness whereof, I hereunto set my hand, this 15th day of November, A. D. 1905. W. J. Reynolds, NP and JP THE STATE OF ALABAMA, HOUSTON COUNTY I hereby certify that this instrument was filed for record on the 17th day of November A. D. 1905 at 7 o'clock A. M. at my office and duly recorded. George Leslie, Judge of Probate An attached postcard, dated 30 December 1906 -- Dear Sir, You will please satisfy record of mortgage made by R. A. Lee and wife Genora Lee to the undersigned and recorded 17th November 1905 in Book 22 page 125. Respectfully, O. A. C. Acree Newton, Alabama December 30, 1906 **********