Deed of D.F. Fowler to John E. Graves - 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 31, page 322 D. F. Fowler to John E. Graves $100.00 Lamar County, Alabama, January 21, 1897 On the first day of November 1897, I promise to pay John E. Graves or order the sum of one hundred Dollars ($100.00) for value received, payable at his residence. 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 an attorney. D. F. Fowler (L. S.) Witness: D. S. Black THE STATE OF ALABAMA, LAMAR COUNTY KNOW ALL MEN BY THESE PRESENTS, That for and in consideration of my indebtedness to John E. Graves in the just sum of one hundred Dollars ($100.00), which is evidenced by my promissory note, bearing the date of 21st day of January 1897, and falling due on the first day of November 1897, and to secure payment of said indebtedness, do hereby grant, bargain, sell unto the said John E. Graves the following property, the unincumbered title to which I 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 I hereby warrant to be free from any mechanic's lien, judgment lien, or statutory lien of any nature whatsoever, and that I am in the peaceable possession of said property hereinafter mentioned and conveyed. And it is agreed that the undersigned shall have possession of said property and to have the lawful use of the same, and that he shall use all due diligence to prevent a waste and 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 bay horse mule 10 or 12 years old, one yoke of oxen, three years old, color one read brindled, one white and red speckled, (next word illegible), one cow white and red, pided, six years old. Twelve head of hogs, one sow, the balance shoats. Six head of sheep all white, one ox-wagon. Also my entire crop of corn and cotton, raised or caused to be raised by me the present year 1897. To have and to hold 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, 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 notice at three public places in Lamar County, Alabama, or by publication in some newspaper published therein for fifteen (15) 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 cost 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 the 21st day of January 1897. D. F. Fowler (L. S.) Attest: D. S. Black 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 31, Page 322 of the Record of Mortgages in my said office. Given under my hand, this 6th day of February 1897. W. A. Young, Judge of Probate **********