Mortage Record of D.F. Fowler, A.J. Brown to D.S. Black - 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 578 D. F. Fowler, A. J. Brown to D. S. Black $10.00 Hester, Alabama, April 16, 1894 On the first day of November 1894, we promise to pay Smith Black or order, the sum of Ten DOLLARS ($10.00), value received, payable at . And in consideration of value received, we 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 (L. S.) A. J. Brown (L. S.) THE STATE OF ALABAMA, LAMAR COUNTY Know all men by these presents: That for and in consideration of our indebtedness to Smith Black in the just sum of Ten Dollars ($10.00), which is evidenced by our promissory waiver note, bearing date of the 16th day of April, 1894, and falling due on the first day of November 1894 and to secure the payment of said indebtedness, do hereby grant, bargain, sell and convey unto the said Smith Black the following property, the unincumbered title to which we guarantee to be in the undersigned, and situated and being now in the County of Lamar and State of Alabama, and the title to which we hereby warrant to be free from any mechanic's lien, judgement lien, or statutory lien of any nature whatever, and that we are in the peaceable possession of the said property hereinafter mentioned and conveyed. And it is agreed that the undersigned shall the possession of said property, and to have the lawful use of same, and that he shall use all due diligence to prevent waste or misuse of said property, and to abstain from all such use of said property as would injure the rights of the mortgagee and impair the security as intended in this mortgage. And it is expressly agreed that the mortgagee may, with the proper legal words and phrases, assign this mortgage, and that the assignee shall have all the powers of sale and all privileges that vest in the mortgage under this conveyance. The said property intended to be conveyed being, namely: One red sided, white back cow and calf nine years old and ten head of hogs. To have and to hold under the said payee, his 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 the undersigned 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 thereof, is levied upon under legal process before said note is due or paid in full, in any 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 notices at three public places in Lamar County, Alabama, or by publication in some newspaper published therein, for 10 days before the sale, to sell the said property, or so much 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 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 holder of said note, or agent, may become the purchaser at any sale hereunder. Witness our hands and seals this 16th day of April 1894. D. F. Fowler (L. S.) A. J. Brown (L. S.) THE STATE OF ALABAMA LAMAR COUNTY I, A. S. Brown, a Justice of the Peace in and for said County, hereby certify that D. F. Fowler, whose name is signed in the foregoing conveyance, and who is known to me, acknowledged before me on this day, that being informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears date. Given under my hand this 16th day of April A. D. 1894. A. S. Smith, J. P. 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 578 of the Record of Mortgages in my office. Given under my hand, this 30th day of April 1894. W. J. Young Judge of Probate Court Lamar County (Paid on the within note $2.45. April 17, 1894.) **********