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 Book 33, page 359 D. F. Fowler to J. E. Graves $78.90 Lamar County, Alabama, February 19th, 1898 On the first day of November next 1898, I promise to pay J. E. Graves or order the sum of Seventy-eight and 90/100 Dollars ($78.90) for value received, payable at . 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 (L. S.) Witness: D. S. Black THE STATE OF ALABAMA, LAMAR COUNTY Know all men by these presents, that for and in consideration of indebtedness to J. E. Graves, in the just sum of Seventy-eight and 90/100 Dollars ($78.90), which is evidenced by my promissory waiver note, bearing the date of 19th day of February 1898, and falling due on the 1st day of November 1898, and to secure the payment of said indebtedness, do hereby grant, bargain, sell and convey unto the said J. 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, judgement 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 the possession of said property and to have lawful use of the same, and that he shall use all due diligence to prevent a waste or misuse of said property, and to abstain from all such use of said property as to ensure 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 mortgagee under this conveyance. The said property intended to be conveyed being, namely: to-wit: my entire crop of corn and cotton raised by me or caused to be raised by me the present year 1898. To have and to hold unto the payee , 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 same property or any part thereof, or if 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, by posting notices at three (3) public places in Lamar County, Alabama, or 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 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 the 19th day of February, 1898. D. F. Fowler (L. S.) WITNESS: 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 for record, and recorded in Volume 33, Page 359 of the Record of Mortgages in my said office. Given under my hand this 4th day of March 1898. W. A. Young Judge of Probate **********