Mortgage between Hugh S DIAMOND, James A & Caroline E PIERCE; and Mollie D ARBUCKLE (1921), 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 HWL, Number 5, Folio 240 THIS MORTGAGE, Made this 5th day of August, AD, Nineteen Hundred and Twenty One, by and between Hugh S Diamond, James A Williams and Caroline W Williams, his wife, of Summit County, State of Ohio, Mortgagors, and Mollie D Arbuckle, of Cecil County, State of Maryland, Mortgagee. WITNESSETH, That in consideration of the sum of FORTY FIVE HUNDRED DOLLARS, now owing from the said Mortgagors, to the said Mortgagee, and for the purpose of better securing the payment thereof, with the interest thereon, according to the provisions, covenants and agreements hereinafter contained, they, the said Mortgagors do hereby grant unto the said Mortgagee, her heirs and assigns, All their right, title and interest in and to all that parcel of land, Containing EIGHT AND ONE FOURTH ACRES of land, and situate and lying on the South side of the road leading from Cowentown to Cherry Hill, in the 3rd Election District of Cecil County, and is the same tract of land conveyed unto the said Mortgagors by a deed from the said mortgagee, and dated of even date hereto, and recorded among the Land Records of Cecil County prior hereto. BEING Also the same tract of land conveyed unto the said Mollie D Arbuckle by deed from Martha E Porter and dated February, 1906, and recorded among the Land Records of Cecil County prior hereto. Reference to the said deed and to the deeds and papers therein mentioned is hereby made for a more accurate description of the property hereby conveyed. It is understood that this is a purchase money mortgage. TOGETHER with the improvements thereon erected and all the rights, privileges and appurtenances thereto belonging or appertaining. TO HAVE AND TO HOLD the above granted property unto the said Mortgagee, her _____ and assigns, forever, in fee simple. PROVIDED, HOWEVER, That if the said Mortgagors, their heirs, executors, administrators or assigns, shall pay to the said Mortgagee, her personal representatives or assigns, the said mortgage debt or sum of FORTY FIVE HUNDRED DOLLARS; $1500 is to be paid on or before July 1st, 1922; and $1500 is to be paid on or before July 1st, 1923; and $1500 is to be paid on or before July 1st, 1924, with the option to the said mortgagors to pay the said sum of money in full at any time, and shall in the meantime pay the interest thereon semi- annually from the date hereof, when the same shall become due and demandable, and shall perform all and singular the covenants and agreements hereinafter on the part of the said Mortgagors contained, 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 performing in the meantime all the covenants and agreements hereinafter on their part contained. AND IT IS FURTHER PROVIDED, That if the said Mortgagors, their heirs, executors, administrators or assigns, 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 contained on the part of the said Mortgagors, their heirs, executors, administrators or assigns, then in either case the entire mortgage debt shall become due and demandable, and it shall be lawful for the said Mortgagee, her personal representatives or assigns, or for E Kirk Brown, of Cecil County, State of Maryland, her or their Attorney, at any time after such default, to sell the property hereby mortgaged at public auction to the highest bidder for cash, or upon such other terms as the party making such sale shall deem most advantageous to all parties interested therein, after giving at least three weeks previous public notice by advertisement inserted in some newspaper published in said Cecil County, and such other notice as to 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 all expenses attending said sale, including the same commissions to the party making said sale as are allowed to Trustees making sales under decrees of the Circuit Court for Cecil County, in Equity, together with a counsel fee of Forty Dollars, then to the payment of all sums owing under the provisions of this Mortgage, whether the same shall have matured or not, and the residue, if any, to be paid to the said Mortgagors, 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 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 party so advertising shall be entitled to receive one-half of said commissions and counsel fee. AND THE SAID MORTGAGORS, for themselves, for their heirs, executors, administrators and assigns, do hereby covenant, grant and agree to and with the said Mortgagee, her personal representatives and assigns, that they will pay the said sum of FORTY FIVE HUNDRED DOLLARS as above provided; that they 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 they 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 they 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 the said Mortgagee or her assigns for a sum not less than FORTY FIVE HUNDRED DOLLARS; that they will assign the policy or policies of insurance to the said Mortgagee or assigns, 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, public dues or charges aforesaid, or in the payment, when due, of any premium or assessment on said policy or policies of insurance, and the said Mortgagee, her personal representatives 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 TESTIMONY WHEREOF the said Mortgagors have hereunto set their hands and seals, the day and year first herein written. Hugh S Diamond James A Williams Caroline W Williams WITNESS PRESENT: Milo Slaich STATE OF OHIO, SUMMIT COUNTY, SS: I hereby certify, that on this 22nd day of August, AD, 1921, before the Subscriber, a Notary Public of the State of Ohio, in and for the County of Summit aforesaid, personally appeared the above-named Hugh S Diamond, James A Williams and Caroline W Williams, his wife, and did each acknowledge the aforegoing Mortgage to be their respective act and deed. O E Cover, Notary Public STATE OF MARYLAND, CECIL COUNTY, SS: I hereby certify, that on this 16th day of September, AD, 1921, before the Subscriber, a Justice of the Peace of the State of Maryland, in and for the 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. Gove S Scotten, JP Recorded September 19, 1921, and examined, Per H W Lewis, Clerk Mailed to Mollie D Arbuckle, Newark, Delaware, October, 1921. June 24, 1925, Original Mortgage brought into the office with the following Release thereon, to-wit:- For value received, I hereby Release the within and Attached Mortgage. Witness my hand and seal this 15th day of June, in the year 1925. Mollie D Arbuckle Witness:-Paul T Arbuckle Release recorded June 24, 1925, Per H W Lewis, Clerk See the following Web site for more info on Mollie D Arbuckle and relatives http://homepages.rootsweb.com/~pda