Deed of D.F. Fowler to Propst Brothers - Lamar Co., AL ----------------------------------------------------------------------- USGENWEB NOTICE: In keeping with the USGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. ALGenWeb File Manager - Lygia Dawkins Cutts ----------------------------------------------------------------------- Contributed by "Fowler, Judith A." Lamar County, Alabama Deeds Mon, 3 May 1999 Located in Lamar County Courthouse Vernon, Alabama Mortgage Record Book 25, page 232 D. F. Fowler to Propst Brothers $40.00 Fayette, Alabama, February 9th, 1894 By the 15th day of October, 1894, I promise to pay Propst Brothers or order, the sum of Forty DOLLARS ($40.00), value received, and in consideration of value received, I hereby waive, as to this debt, all right of exemption under the Constitution and Laws of the State of Alabama, and agree to pay a reasonable fee if collected by attorney. D. F. Fowler (LS) STATE OF ALABAMA, FAYETTE COUNTY Know all men by these presents: That for and in consideration of my indebtedness to Propst Brothers in the just sum of Forty Dollars ($40.00), which is evidenced by my promissory waiver note, bearing date of 9th day of February, 1894 and falling due on the 15th day of October, 1894 and to secure the payment of said indebtedness, do hereby grant, bargain, sell and convey unto the said Propst Brothers the following property, the unincumbered title to which guarantee to be in the undersigned, namely: All of my crops of corn, cotton, and other produce I may raise or cause to be raised, or that may accrue to me in any legal manner during the year 1894, and every year thereafter until this debt is fully paid. And also 1 sorrel horse about 5 years of age, named Tom. One yoke of oxen, black, about 3 years of age, named Duke and Darling. To have and to hold under the said payee their heirs and assigns forever. Upon condition, however, if the undersigned pay or cause said note to be paid at maturity, then this conveyance shall be void; but if I fail to pay the same, or any part thereof, when due, or remove, sell, consume, or destroy the said property, or any part thereof, or if the said property, or any part, is levied upon under legal process before said note is due or paid in full, in such event, the payee or holder of said note, or agent, is hereby authorized to take possession of said property, and after advertising the time, place, and terms of sale, by posting in three places, in Fayette County, Alabama, or by publication in some newspaper published therein, for 10 days before the sale, to sell the said property, or so much thereof as may be necessary, at public auction, to the highest bidder, for cash, and out of the proceeds to pay, first, the costs and expenses incident to this mortgage and the foreclosure thereof, including reasonable attorney's fee for collecting this debt; secondly, the amount, with interest, due or unpaid on said note, and the surplus, if any, to be returned to the undersigned. It is hereby expressly stipulated that the said payee or assignee, or holder of said note, or agent, may become the purchaser at any sale hereunder. Witness my hand and seal, this 9th day of February 1894. D. F. Fowler (L. S.) THE STATE OF ALABAMA LAMAR COUNTY I, W. A. Young, Judge of Probate in and for said County, do hereby certify that the foregoing mortgage was this day filed in my office for record, and duly recorded in Volume 25, Page 232, of the Record of Mortgages in my said office. Given under my hand, this 26th day of February 1894. W. A. Young Judge of Probate Lamar County **********