Land: Mortgage by Harry D. and Mary D. Henry to Mollie D. Arbuckle (1916), Cecil County, MD Contributed for use in USGenWeb Archives by Doug Arbuckle ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Cecil County Land Record Book, Liber CK, Number 11, Folio 520 THIS MORTGAGE, Made this 18th day of July AD, nineteen hundred and sixteen by and between Harry D Henry and Mary D Henry, his wife, both of Cecil County, in the State of Maryland parties mortgagors hereto and Mollie D Arbuckle of Cecil County aforesaid party mortgagee hereto: WITNESSETH, That in consideration of the sum of One thousand dollars now owing from the said Mortgagor Harry D Henry to the said Mortgagee upon certain provisions, covenants and agreements hereinafter contained and for the purpose of better securing the payment thereof, with the interest thereon according to the provisions, covenants and agreements hereinafter contained we the said Mortgagors do hereby grant unto the said Mortgagee her heirs and assigns all those two lots or parcels of land situated on the South side of Main Street in the town of Elkton in Cecil County aforesaid, First, all that lot or parcel of land conveyed to the said Anna M R Price by the name of Anna M R Henry by Benjamin Wells and wife by deed dated the first day of May, 1866, and recorded in Liber HRT No 1, Folio 261 etc, one of the Land Record Books of Cecil County aforesaid. Second, all that lot or parcel of land conveyed to the said Anna M R Price by Susan J Wright and William K Wright, her husband, by deed dated the Seventh day of June, 1894, and recorded in Liber JTG No 5, Folio 404 etc, another of said Land Record Books to which said deeds and the deeds and papers therein referred to reference is hereby made for a more full and particular description of the property herby granted, the said two lots being the same property devised to me and my brother Frank J Henry by our mother Anna M R Price by her last will and testament dated the 22nd day of May, 1885, duly probated and recorded among the Will Record Books of Cecil County aforesaid, the undivided one half interest of the said Frank J Henry having been conveyed to me by deed dated the 18th day of July 1916, and recorded among the Land Record Books of Cecil County aforesaid. Together with the Buildings and Improvements thereon and the Rights, Ways and Appurtenances thereto belonging or in any wise appertaining. PROVIDED, HOWEVER, That if the said Mortgagor Harry D Henry heirs, executors or administrators shall pay to the said Mortgagee her executors, administrators or assigns, the said mortgage debt or sum of one thousand dollars on or before the 18th day of July AD, nineteen hundred and seventeen and shall in the meantime pay the interest on said sum of money semi annually from the date hereof, and shall do and perform all and singular the covenants and agreements hereinafter on the part of the said Mortgagor Harry D Henry contained, then this mortgage shall be void. AND PROVIDED FURTHER, That if the said Mortgagor, his heirs, executors or administrators, shall make default in the payment, when due, of said mortgage debt, or in the payment, when due, of any semi annual installment of interest thereon, or in the performance of any covenant or agreement hereinafter on the part of the said mortgagor contained, that in either case it shall be lawful for the said Mortgagee her executors, administrators or assigns, or for Henry M McCullough, of Cecil County aforesaid his or their attorney to sell the property hereby mortgaged by public auction to the highest bidder for cash, or upon such terms of credit as may be agreed upon by the parties hereto, their representatives or assigns, after giving at least three weeks, previous public notice by advertisements inserted in some newspaper printed and published in Cecil County aforesaid, and such other notice as to him her or them, may seem proper, if any, of the time, place, manner and terms of sale; and to apply the proceeds of said sale in the first place to the payment of all expenses attending said sale, including the same commissions to the party making said sale as would be allowed in case said property should be sold, instead by a trustee appointed by a decree of the Circuit Court for Cecil County, in Equity, upon a bill filed in said Court to compel payment of said mortgage debt, together with a solicitor’s fee of ten dollars and a counsel fee of twenty dollars, then to the payment of all sums owing under the provisions of this mortgage whether the same shall have then matured or not; and the residue, if any, to pay to the said mortgagor, Harry D Henry or to whoever may be legally entitled to receive the same; provided that should said property be lawfully advertised for sale under the above power and a bond be filed as required by law by the party authorized to make said sale, and the said property should not be sold because of the request of the said mortgagor, his heirs, executors, administrators, or assigns, or because of payment of the mortgage debt, the party so advertising shall be entitled to receive but one-half of said commissions. And the said mortgager for himself, his heirs, executors and administrators, hereby covenant grant and agree to and with the said mortgagee her executors, administrators and assigns, that he will pay the said sum of one thousand dollars on or before the 18th day of July AD, nineteen hundred and seventeen, as above provided; that he will pay the interest on said sum of money semi annually from the date hereof, at the rate of six per cent per annum; that he will pay as they fall due all taxes, assessments, public dues and charges which may be levied by law upon the property hereby mortgaged; that he will during the continuance of this mortgage keep the buildings and improvements upon the property hereby mortgaged insured against loss by fire in some insurance company or companies to be approved by said mortgagee for a sum not less than the debt hereby secured that he will assign the policy or policies of insurance to the said mortgagee as collateral security for the payment of said mortgage debt and that should default be made in the payment when due of any installment of taxes assessments and dues aforesaid, or in the payment when due of any premium or assessment on said policy or policies of insurance and the said mortgagee h__ executors, administrators or assigns in h__ or their pleasure and discretion should pay the same, the sum or sums so paid with interest thereon shall be a lien on the property hereby mortgaged as fully as though included in the first instance in the mortgage debt itself. In witness whereof the said mortgagors have hereunto set their hand and seal. Harry D Henry Mary D Henry Attest: C P Bartley STATE OF MARYLAND, CECIL COUNTY, SS: I hereby certify that on this 18th day of July AD, nineteen hundred and sixteen before the subscriber, a Justice of the Peace of the said state in and for said county, personally appeared the above named Harry D Henry and Mary D Henry, his wife and did each acknowledge the aforegoing mortgage to be their respective act and deed. C P Bartley, JP STATE OF MARYLAND, CECIL COUNTY, TO WIT: I HEREBY CERTIFY, That on this ___ day of July in the year nineteen hundred and sixteen before me, the subscriber, a Justice of the Peace of the State of Maryland in and for Cecil County aforesaid, personally appeared Mollie D Arbuckle the aforesaid mortgagee and made oath in due form of law that the consideration named in the aforegoing mortgage is true and bona fide as therein set forth. C P Bartley, JP Recorded July 18th, 1916, and Examined, Per C S Peacock, Clerk Mailed to Mollie D Arbuckle, Elkton MD, RD#5 Aug 14th 1916. December 8, 1928—Orginal(sic) Mortgage brought into the Office and Released as follows:- For value received I hereby release the aforegoing mortgage. Witness my hand and seal this 5th day of December, 1928. Mollie D Arbuckle Witness: Paul T Arbuckle Received and Recorded December 8, 1928. Per S R Andrews(?), Clerk See the following Web site for more info on Mollie D Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm