Mortgage between Harry D & Mary D HENRY and Mollie D ARBUCKLE (1918), Cecil Co., MD Contributed for use in USGenWeb Archives by Doug Arbuckle Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Cecil County Land Record Book, Liber CSP, Number 4, Folio 295 THIS MORTGAGE, made this 29th day of May, nineteen hundred and eighteen, between Harry D Henry and Mary D Henry, his wife, of Cecil County, in the State of Maryland, Mortgagors, and Mollie D Arbuckle, Mortgagee, of Cecil County, in the State of Maryland. WITNESSETH, That in consideration of the sum of nine hundred ($900.) dollars, now owing by said Mortgagors to said Mortgagee, 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 those two tracts or parcels of land, situate on the South side of Main Street, in the town of Elkton, in said Cecil County; being the same two tracts or parcels of land which were conveyed (an undivided one half interest the remaining undivided one half interest being in the aforesaid male grantor) by Frank J Henry, widower, to the aforesaid Harry D Henry, by deed dated July 18, 1916, and recorded among the Land Records of said Cecil County in Liber CSP, No 1, folio 116, reference being hereby made to said deed and the will of Anna M R Price now of record in the office of the Register of Wills of Cecil County aforesaid. (This mortgage being a second mortgage on said two parcels of land to a mortgage of one thousand dollars between the parties hereto, dated July 18, 1916, and recorded among the Mortgage Records of said Cecil County in Liber CK, No 11, folio 520, reference being hereby made to the same.) together with the improvements and privileges and appurtenances thereto appertaining or in any wise belonging, 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, her executors, administrators, or assigns the sum of nine hundred ($900.) dollars, together with the interest thereon at 6 per cent, per annum, payable semi-annually from the 29th day of May, 1918 on the 29th day of May AD nineteen hundred and nineteen, 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 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 her assigns or for Joshua Clayton, of Cecil County, her or their attorney to sell the property hereby mortgaged for cash, or such 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 advertisement inserted in some newspaper or newpapers 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 said 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 as 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 the 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 her assigns, in a sum not less than nine hundred ($900.) dollars, to pay the premiums thereon as they shall fall due, and to assign the policy or policies of insurance to the Mortgagee, or her assigns, as collateral security for the payment of the said mortgage debt. And to 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, her 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 ful as though included in the first instance in the mortgage debt itself. WITNESS our hands and seals the day and year first herein written. Harry D Henry Mary D Henry Signed, Sealed and Delivered in the Presence of Elsie M Cameron STATE OF MARYLAND, CECIL COUNTY, TO WIT: I hereby certify, That on this 29th day of May, in the year nineteen hundred and eighteen, before me, the subscriber, a Notary Public of the State of Maryland, in and for Cecil County aforesaid, personally appeared the Harry D Henry and Mary D Henry, his wife, the aforesaid Mortgagors and each acknowledged the foregoing instrument of writing to be their respective act and deed. WITNESS my hand and Notarial Seal. Elsie M Cameron, Notary Public STATE OF MARYLAND, CECIL COUNTY, TO WIT: I hereby certify, That on this 29th day of May, in the year nineteen hundred and eighteen, before me, the subscriber, a Notary Public of the State of Maryland, in and for Cecil County aforesaid, personally appeared Mollie D Arbuckle, 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. Witness my hand and Notarial Seal. Elsie M Cameron, Notary Public Recorded May 29, 1918, and examined, Per W G Purnell, Clerk Mailed to Mollie D Arbuckle, Elkton, RD 5, MD, June 10, 1918. June 23, 1923, Original Mortgage brought into the office with the following Release thereon, to-wit:- I hereby Release the within Mortgage. As witness my hand and seal this 30th day of June, AD, 1923. Witnes:- Gove S Scotten Release recorded June 30. 1923, Per H W Lewis, Clerk See the following Web site for more info on Mollie D Arbuckle and relatives http://homepages.rootsweb.com/~pda