Mortgage between William H & Jennie E PIERCE and Catherine M 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 ********************************************************* Mortgage between William H & Jennie E PIERCE and Catherine M ARBUCKLE (1918) Cecil County Land Record Book, Liber CSP, Number 4, Folio 368 THIS MORTGAGE, Made this 23rd day of July AD, nineteen hundred and eighteen by and between William H Pierce and Jennie E Pierce, his wife both of Cecil County, in the State of Maryland parties Mortgagors hereto and Catherine M Arbuckle, widow, of Cecil County aforesaid party Mortgagee hereto: WITNESSETH, That in consideration of the sum of Thirty Five Hundred Dollars being balance of purchase money for property herein conveyed and now owing from the said Mortgagors 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 that Tract or Parcel of Land situated in Cecil County aforesaid on the South side of the Public Road leading from Carters Mill to the public road leading from Elkton to Fair Hill adjoining lands of George R Spence and others and being part of the same land conveyed to Samuel J Arbuckle by Samuel J Arbuckle et al Exrs by deed, dated the 16th day of October 1915 and recorded in Liber CK No 10, Folio 248 etc one of the Land Record Books of Cecil County aforesaid, the tract or parcel of land hereby granted and conveyed, being the same tract or parcel of land Excepted and Reserved in a certain deed from the said Samuel J Arbuckle and the said Catherine M Arbuckle, his wife to Robert J Plummer, dated the 16th day of October 1915, and recorded in Liber CK No 10, folio 350 etc one of said Land Record Books and the same land devised to the said Catherine M Arbuckle by the said Samuel J Arbuckle by his last will and testament dated the 20th day of September 1905, duly probated and recorded in Liber N No 21, folio 318 etc one of the Will Record Books of Cecil County aforesaid, being the same Tract or Parcel of Land conveyed to the said William H Pierce by the said Catherine M Arbuckle by deed dated 23rd day of July 1918 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 William H Pierce, his heirs, executors, or administrators shall pay to the said Mortgagee her executors, administrators or assigns, the said mortgage debt or sum of Thirty Five Hundred Dollars on or before the 23rd day of July AD, nineteen hundred and Twenty (It being understood and agreed that the said William H Pierce shall pay on or before one year from the date hereof the sum of Five Hundred Dollars and shall pay more of said principal sum after the end of one year if he so desires the deferred payments to bear interest at the rate hereinafter specified) 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 William H Pierce contained, then this mortgage shall be void. AND PROVIDED FURTHER, That if the said Mortgagor he 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 advertisement 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 Thirty dollars, then to the payment of all sums owing under the provisions of this mortgage whether the same shall then have matured or not; and the residue, if any, to pay to the said mortgagor, William H Pierce 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 mortgagor William H Pierce for himself his heirs, executors and administrators, hereby covenants grants and agrees to and with the said mortgagee her executors, administrators and assigns, that he will pay the said sum of Thirty Five Hundred Dollars on or before the 23rd day of July AD, nineteen hundred and Twenty, as above provided; that he will pay the interest on said sum of money semi-annually from the date hereof, at the rate of five 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 Thirty Five Hundred Dollars that he will assign the policy or policies of insurance to the said mortgagee as collateral security for the payment of the said mortgage debt and 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 her executors, administrators or assigns in her 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 hands and seals. William H Pierce Jennie E Pierce Attest: H Winfield Lewis STATE OF MARYLAND, CECIL COUNTY, SS: I hereby certify that on this 23rd day of July AD, in the year nineteen hundred and Eighteen, before the subscriber, a Justice of the Peace of the said state in and for said county, personally appeared the above-named William H Pierce and Jennie E Pierce, his wife and did each acknowledge the aforegoing mortgage to be their respective act and deed. H Winfield Lewis, JP STATE OF MARYLAND, CECIL COUNTY, TO-WIT: I hereby certify, that on this 23rd day of July in the year nineteen hundred and Eighteen before me, the subscriber, a Justice of the Peace of the State of Maryland in and for Cecil County aforesaid, personally appeared George M Evans the agent of the aforesaid mortgagee Catherine M Arbuckle 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 that he is the agent of said mortgagee. H Winfield Lewis, JP Recorded July 23rd, 1918, and examined, Per W G Purnell, Clerk Delivered to George M Evans, Esq, July 25, 1918. February 1, 1922, Original Mortgage brought into the office and Assigned as follows:- For value received, I hereby Assign and Transfer the within and aforegoing Mortgage to the Elkton Banking and Trust Company of Maryland. Catherine M Arbuckle Witness my hand and seal this 23rd day of January, in the year of our Lord Nineteen Hundred and Twenty Two. Annie Stewart February 1, 1922, Original Mortgage brought into the office with the following Partial Release thereon, to-wit:- For value received, the within and aforegoing Mortgage to the amount of Nineteen Hundred Dollars ($1900.00), is hereby Released, retaining, however, a lien under said Mortgage to the amount of Sixteen Hundred Dollars ($1600.00). Witness the hand of the Vice President of The Elkton Banking and Trust Company of Maryland, and its Corporate Seal thereto attached, duly attested this 31st day of January, 1922. Irvin T Kepler, Secretary S Claude Sykes, Vice President Partial release recorded February 1, 1922, Per H W Lewis, Clerk March 21, 1922, Original Mortgage brought into the office with the following Release thereon, to-wit:- The within and aforegoing Mortgage is hereby Released. Witness the hand of the Vice-President of The Elkton Banking and Trust Company of Maryland, and the Seal of the said Company, attested by its Secretary, this Twenty First day of March, 1922. S Claude Sykes, Vice President The Elkton Banking and Trust Company of Maryland Attest:- Irvin T Kepler, Secretary See the following Web site for more info on Samuel J Arbuckle and relatives http://homepages.rootsweb.com/~pda