W.A. Johnson - James B. McCollough, Vernon Parish Louisiana Submitted by Lisa F. Franklin Date: June 21, 2010 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/la/lafiles.htm ************************************************ Vernon Parish Louisiana Archives Deed W.A. Johnson, W.A. - James B. McCollough October 21, 1925 Section 20 Township 1 South Range 5 West Written: October 21, 1925 Recorded: November 16, 1925 Book 69 pages 165-166 165 United States of America State of Louisiana } Town of Leesville Parish of Vernon } Be It Known, That on this 21st day of October, in the year of our Lord one thousand nine hundred and twenty-five (1925), before me, Lawson D. Woosley, a Notary Public, duly commissioned and qualified in and for the Parish of Vernon, State of Louisiana, and in the presence of the witnesses hereinafter named and undersigned, personally appeared James B. McCollough, individually and as Natural tutor for the minors Homer and Milton McCollough, issue of his marriage with Mrs. Mary O. McCollough, deceased, having been appointed and confirmed as Natural Tutrix for said minors and by virtue of the concurrence on the part of Edward McCollough, the under tutor to said minors, and pursuant to a judgment rendered by the Eleventh Judicial District Court of Louisiana, dated October 21st, 1925, in the succession of the said Mrs. Mary O. McCollough, deceased entitled in the matter of the succession of Mrs. Mary O. McCollough and bearing Number ___ on the Probate Docket of said Court. Who declared that for the consideration, and on the terms and conditions hereinafter expressed that he acting individually and as Natural Tutor for said minors, that he has and does by these presents grant, bargain, sell, convey, transfer, assign and set over unto W. A. Johnson, married to and living with his second wife, a resident of the Parish of Vernon, Louisiana, here present, accepting and purchasing for himself and his heirs or assigns, andacknowledging delivery and possession thereof, the following described real property, situate in the said Parish of Vernon and State of Louisiana, to-wit: West one-half of Northwest quarter of Southwest quarter of Section Twenty-one, Less 8 acres lying South of Boggy Branch, running through said property, also Northeast quarter of Southeast quarter and South- One-half of Southeast quarter of Northeastquarter, all in Section Twenty, All being situated in Township One South, Range Five West. Containing 72 acres, more or less, with all improvements situated thereon, 166 It is further agreed that the buildings and improvements upon said land are attached to and form a part of the said realty by destination, and being a fixture thereon, shall not be removed therefrom during the tenure of this mortgage. And the said vendor declare on oath that when he acquired the title to the herein described property was married but once and then to Mrs. Mary O. McCollough, now dec’sd. To have and to hold the said property and appurtenances unto the said purchaser, his heirs and assigns forever. And the said vendor hereby bind himself and his heirs forever to warrant and defend the property and appurtenances herein conveyed against all legal claims and demands whatsoever. The said vendor moreover transferring unto the said purchaser all of the rights and actions of warranty to which he is or may be entitled, against all former owners of the property herein conveyed, subrogating said purchaser to the rights and actions to be by him enjoyed and exercised in the same manner as they might have been by the said vendor. This present sale is made and accepted for and in consideration of the total sum and price of Nine Hundred & No/100 Dollars, in deduction and part payment whereof thesaid purchaser has paid cash unto the said vendor the sum of Five Hundred and No/100 Dollars, the receipt whereof is hereby acknowledged, and full acquittance and discharge granted therefore, and for the balance, say $400.00 the said purchaser has furnished his two promissory notes, to-wit: Numbered 1 and 2, each being for the sum of $200.00 Note No. 1 stipulates to become due and payable October 21st, 1926, and Note No. 2 to become due and payable October 21st 1927. dated of even date herewith, made payable to the order of said vendor payable at Leesville, Louisiana, and stipulating to bear interest at the rate of eight per cent, per annum from date until paid; and stipulating that in case it shall become necessary to place said note in the hands of an attorney for collection, the said purchaser binding himself, to pay for the fees of the attorney who may be employed for that purpose, which fees are hereby fixed at ten per cent, upon the amount involved, which said note after having been paraphed “Ne Varietur”, the date of this act and my official signature, etc, for identity herewith, have been delivered to the said James B. McCollough, as is hereby acknowledged. Now, therefore, in order to secure the full and punctual payment of the said note, together with all interest accruing and to accrue thereon and all costs, including attorney’s fees, and the amounts that may be paid by vendor or any future holder or holders of said note for taxes, as hereinafter provided, the property herein conveyed is hereby and shall remain specially mortgaged and hypothecated and affected by privilege and lien, in favor of said vendor, and of any future holder or holders of said note it being agreed and understood that the present act shall bear confession of judgment in favor of any holder or holders of said note until final payment, the said purchaser hereby bindinghimself and his heirs not to alienate, deteriorate, incumber or mortgage the said property to the prejudice of this mortgage, and agree and bind himself and to promptly pay all taxes that may accrue on said property, and on his neglect or refusal to pay taxes he hereby authorize vendor or any holder of said note to pay either or both, up to the sum of $20.00 per annum for taxes, the amount paid to be secured by mortgage herein as aforesaid; and said purchaser further declared that in the event of any, or all, of said notes not being paid at maturity, then all of said notes shall be at once become due and exigible, and it shall be lawful for, and he hereby authorize said vendor or any holder of said note to cause the property herein described and mortgaged to be seized and sold under executory process, issued by any competent court, for cash, and without the benefit of appraisement, purchaser especially waiving notice of judgment and notice of seizure. And it is further understood and agreed, that said promissory note may be transferred without the necessity of any notarial act of ransfer thereof, and that such transfer shall carry with it into the hands of any and all future holder or holders of said promissory note full and entire subrogation of title, in and to any and all rights and privileges under the mortgage herein granted to the said mortgagee; to be enjoyed and exercised by the said transferee or transferees in as full and complete a manner as they might have been by the said mortgagee. Certificate required by Article 3364 of the Revised Code of Louisiana is dispensed with by the parties hereto. Taxes paid to December 31st, 1924. Vendor Agrees to pay taxes for 1925 assessed against the property. Thus done, read and signed, at my office in the Town of Leesville, Louisiana, in the presence of J.C. Coody, and Edward McCollough, lawful witnesses, who hereunto sign with said parties, and me, Notary Public, on the date, month and year first above written. ATTEST: James B. McCollough, James B. McCollough, as natural Tutor for minors, his W. A. X Johnson, mark, Before me, Lawson D. Woosley, Notary Public, Vernon Parish, LA Filed for record this the 21st, day of October, 1926, and recorded this the 16th, day of November, 1925. By A. R. Hicks Clerk and Recorder Additional Comments: Mortgage was canceled 15 Nov 1927 by J G Palmer, Deputy Clerk and Recorder File at: http://files.usgwarchives.net/la/vernon/deeds/mccollou630gdd.txt