Land: Mortgage by Milford B. & Margery L. Richards to Philip R. 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 CSP, Number 2, Folio 89 THIS MORTGAGE, MADE THIS Ninth day of October, nineteen hundred and sixteen, between Milford B Richards and Margery L Richards, his wife of Cecil County, in the State of Maryland, Mortgagors and Philip R Arbuckle, Mortgagee, of New Castle County, in the State of Delaware. WITNESSETH, That in consideration of the sum of eight hundred ($800) dollars, now owing by said Mortgagors to said Mortgagee, with interest from the date hereinafter set forth, and for the purpose of securing the payment thereof, with the interest thereon, according to the provisions hereinafter contained, they, the said Mortgagors, do hereby grant unto the said Mortgagee, all the right, title, interest, claim and demand, both at law and in equity, of the said Mortgagors in and to all that farm or tract of land known as the “Home Place” and containing twenty four acres and twenty eight perches of land, more or less, situate in the Eighth Election District of Cecil County aforesaid, and, also, all that lot or parcel of land know as the “Hess Property”, containing twenty four acres, three roods and twenty four perches of land, more or less, which adjoins the first parcel of land mentioned herein; being the same two parcels of land which were conveyed to the aforesaid Milford B Richards by deed of Charles B Finley Jr, Attorney, dated August 28, 1916, and recorded among the Land Records of said Cecil County in Liber CSP, No 1, folio 210 etc, and being, also, the same tracts or parcels of land which were conveyed to a certain Russell E Riley by William S Evans, Trustee, by deed dated September 24, 1912, and recorded among the Land Records of said Cecil County in Liber CK, No 6, folio 93. together with the improvements and privileges and appurtenances thereto appertaining or in any wise belong, in fee simple. PROVIDED, HOWEVER, that if the said Mortgagors, their heirs, executors, administrators, or assigns, shall pay, or cause to be paid, unto the said Mortgagee, his executors, administrators or assigns the sum of eight hundred ($800.) dollars, together with the interest thereon at 6 per cent, per annum, payable semi-annually from the ninth day of October, 1916, on the ninth day of October, AD, nineteen hundred and seventeen, and shall perform the covenants and conditions hereinafter on their part stipulated to be done, then this mortgage shall be void. And it is agreed that until default be made in the premises the said Mortgagors, their heirs and assigns, shall possess the aforesaid property upon paying in the meantime all taxes that may by law be levied or imposed upon the mortgaged premises, which taxes, mortgage debt, and all interest that may accrue thereon, the said Mortgagors hereby covenant to pay when legally demanded. But if default be made in the payment of the said mortgage debt, or in the interest thereon to accrue, or any part of either of them, at the time limited for the payment of the same, or in any agreement, covenant or condition of this mortgage, then the whole mortgage debt shall become due and demandable, and it shall be lawful for the said Mortgagee, or his assigns, or for JOSHUA CLAYTON, of Cecil County his or their attorney to sell the property hereby mortgaged for cash, or such other terms as the party making such sale shall deem most advantageous to all persons interested therein, to the highest bidder at public auction at the Court House door, in the town of Elkton, in Cecil County aforesaid, after giving at least three weeks previous public notice by advertisements inserted in some newspaper or newspapers published in Cecil County, and such other notice as to him, her or them may seem proper of the time, place, manner and terms of sale, and to apply the proceeds of such sale, in the first place, to the payment of all expenses attending said sale, including the same commissions to the attorney making said sale as would be allowed a Trustee selling said property under a decree of the Circuit Court for Cecil County, in Equity, upon a bill filed in said Court to compel payment of the said mortgage debt, and also a counsel fee of forty dollars to the attorney making said sale, then to the payment of the said mortgage debt, together with all sums owing under the provisions hereof for interest, taxes or insurance, whether the same shall then have matured or not; provided, however, that should said property be advertised for sale under the aforesaid power and a bond be filed thereunder, as required by law, by the party authorized to make such sale and the said property should not be sold because of the request of the said Mortgagors, their heirs executors, administrators or assigns, or because of the payment of the mortgage debt, interest, taxes and insurance hereby secured, the attorney so advertising shall be entitled to receive one-half of the aforesaid counsel fee and commissions; and the surplus shall be paid to the said Mortgagors or to whoever may be legally entitled to receive the same. And said Mortgagors further covenant to insure, and pending this mortgage to keep insured, the buildings on said property against loss by fire in some insurance company or companies in good standing, approved by said Mortgagee, or his assigns, in a sum not less than eight hundred ($800.) dollars, to pay the premiums thereon as they shall fall due, and to assign the policy or policies of insurance to the Mortgagee or his assigns, as collateral security for the payment of the said mortgage debt. And do further covenant, that if failure should be made to insure or assign as aforesaid, or to pay any premium on said policy or policies, or to pay any installment of taxes aforesaid, and the said Mortgagee, his executors, administrators, devisees, legatees, distributees or assigns, should insure the said buildings or pay said premiums or taxes, then the sums so paid, with interest thereon, shall be a lien on said property as full as though included in the first instance in the mortgage debt itself. WITNESS our hands and seals the day and year herein written. Signed, Sealed and Delivered in the Presence of:- Milford B Richards Margery L Richards STATE OF MARYLAND, CECIL COUNTY, TO WIT:- I HEREBY CERTIFY, That on this Ninth day of October, 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 Milford B Richards and Margery L Richards, his wife, the aforesaid Mortgagors and each acknowledge the foregoing instrument of writing to be their respective act and deed. Brinton P Nichols, JP STATE OF MARYLAND, CECIL COUNTY, TO WIT:- I HEREBY CERTIFY, That on this 9th day of October, in the year nineteen hundred and sixteen, before me, the subscriber, a Notary Public of the State of Maryland, in and for Cecil County aforesaid, personally appeared Joshua Clayton, agent of the within named 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; and further made oath as aforesaid that he is the agent of the within named mortgagee with authority to make this affidavit. WITNESS my hand and Notarial Seal. Elsie M Cameron Notary Public Recorded October 9th, 1916, and Examined, Per C S Peacock, Clerk Del’d to Joshua Clayton, Atty, October 17, 1916. January 21, 1920, Original Mortgage brought into the office with the following Release thereon, to-wit:- For value received, I Hereby Release the within Mortgage. Witness my hand and seal this Seventeenth day of January, Nineteen Hundred and Twenty. Philip R Arbuckle Witness: E Kirk Brown Release recorded January 21, 1920, Per H W Lewis, Clerk See the following Web site for more info on Philip R Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm