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 29, pages 122-123 D. F. Fowler to Propst Brothers $60.00 Fayette, Alabama, January 26, 1899 On the 15 October 1899, after date I promise to pay to the order of Propst Brothers Sixty Dollars ($60.00) value received at store. The right of exemption is hereby waived as provided in the constitution and laws of the State of Alabama or any other State in the United States and it is free from then agreed that the undersigned shall pay all costs for collection above including reasonable attorney's fees on failure to pay at maturity. D. F. Fowler Witness: J. N. Collins Revenue Stamp 2 cents 1/26 1899 PB Consideration of my indebtedness to Propst Brothers in the sum of Sixty dollars ($60.00) which is evidenced by my promissory waiver note bearing date the 26th day of January 1899 and falling due on the 15th day of October 1899 I do hereby grant, bargain, sell and convey unto the said Propst Brothers the following property, the unincumbered title to which I guarantee to be the undersigned, namely: All my crops of corn, cotton, and all other produce I may raise or cause to be raised or what may accrue to me in any legal manner during the year 1899 and every year thereafter until this debt is fully satisfied. And also to have and to hold unto the said payee, their heirs and assigns forever. Upon condition, however, if the undersigned payee 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, the said property or any part thereof is levied 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 (3) 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 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 a 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, assignee or holder of said note or their agent may become the purchaser at any sale hereunder. Witness my hand and seal this the 26th day of January 1899. D. F. Fowler (L. S.) Attest: J. N. Collins The State of Alabama, Lamar County Office of the Judge of Probate - I hereby certify that the foregoing instrument was filed in this office for record on the 2nd day of February 1899 at 6 o'clock P. M. and duly recorded in Mortgage Record Volume 29 Pages 122 and 123 and examined. R. L. Bradley, Judge of Probate for H. M. Bell, Clerk