Mortgage Between Mary E. BIDDLE and Ella CLARK (1881); Cecil County, MD Contributed for use in USGenWeb Archives by Doug Arbuckle [dougarbuckle@cox.net] Copyright 2004. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Cecil County Land Record Book, Liber JAD, Number 3, Folio 288 This Mortgage, made this 30th day of September in the year Eighteen hundred and Eighty one by Mary E Biddle of Cecil County in the State of Maryland. Whereas the said Mary E Biddle is indebted unto Ella Clark of Cecil County aforesaid in the just and full sum of Two hundred dollars current money with the interest thereon from the date hereof and desires the better to secure the payment thereof. Now this Mortgage witnesseth, that in consideration of the premises and of the sum of One Dollar, the said Mary E Biddle doth grant unto the said Ella Clark, her heirs and assigns in fee simple, all that tract or parcel of land situate, lying and being in Sassafras Neck in Cecil County in the State of Maryland on the South side of the road leading to the Battere(?) farm, containing seven acres, two roods and ten square perches of land more or less it being the same tract of land which was conveyed to the late William R Biddle, husband of the said Mary E Biddle by Eliza Garrick and others by their certain deed bearing date the fourth day of February in the year Eighteen hundred and fifty and recorded among the land Records of Cecil County aforesaid in Liber RCH No 2 folio 80 etc to which said deed reference is hereby made for a fuller and more accurate description of the property hereby conveyed. The property hereby conveyed being a portion of the real estate of which the said William R Biddle died seized and possessed and which was devised by him to the said Mary E Biddle by his last Will and testament dated the twenty second day of October in the year Eighteen hundred and Seventy four duly admitted to probate and recorded in the Office of the Register of Wills of Cecil County aforesaid in Liber F folio 218 etc. Together with all and singular the buildings and improvements thereupon and the rights, ways, privileges, waters appurtenances and advantages thereto belonging or in any wise appertaining. Provided, that if the said Mary E Biddle, her heirs, personal representatives or assigns shall pay or cause to be paid to the said Ella Clark, her heirs, personal representatives or assigns the aforesaid sum of two hundred dollars with the interest thereon on or before the thirtieth day of September in the year Eighteen hundred and Eighty two and shall perform all the covenants herein on her or their part to be performed, then this mortgage shall be void. And provided further that in case of default being made in the payment of the mortgage debt aforesaid or of the interest thereon in whole or in part, or in any agreement, covenant or condition of this mortgage, then it shall be lawful for the said Ella Clark her heirs executors, administrators and assigns or John S Wirt their duly authorized attorney to sell the property hereby mortgaged or so much thereof as may be necessary at public sale and to grant and convey the same to the purchaser or purchasers thereof or to his her or their heirs or assigns – which sale shall be made in the following manner; by giving at least twenty days notice of the time, place, manner and terms of sale by advertisement inserted once a week for three successive weeks in some newspaper published in Elkton, Cecil County, Maryland; which time, place manner and terms of sale shall be such as said Mortgagee or those making such sale shall determine. And in the event of a sale under the powers hereby granted the proceeds thereof shall be applied; first to the payment of all expenses incident to such sale including an attorney’s fee of forty dollars to whoever may make such sale and in addition such commissions as are usually allowed to trustees on sales made under decree of the Circuit Court for Cecil County in Equity; Secondly to the payment of all claims of the said mortgagee her representatives or assigns under this mortgage Whether the same shall have matured or not; such as to the balance to pay it over to the said Mary E Biddle her heirs assigns or whoever may be entitled to the same. And it is agreed that until default be made in the premises the said Mary E Biddle shall possess the aforesaid property upon paying in the meantime all taxes and assessments of every kind levied or assessed or to be levied or assessed on said hereby mortgaged property and on the mortgage debt and interest hereby intended to be secured; which taxes and assessments, mortgage debt and interest the said Mary E Biddle for herself her heirs, Executors administrators and assigns doth hereby covenant to pay when legally demandable. And the said Mary E Biddle doth further covenant to insure and pending the existence of this mortgage to keep insured the improvements on the hereby mortgaged land to the amount of at least two hundred dollars and to cause the policy to be effected thereon to be so framed or endorsed as in case of fire to inure to the benefit of the said Ella Clark her heirs personal representatives and assigns to the extent of her or their lien hereunder. In witness whereof the said Mary E Biddle has hereunto set here hand and seal the day and year first above written. Mary E Biddle Test Geo R Vansant State of Maryland Cecil County, sct: I hereby certify that on this the 30th day of September in the year Eighteen hundred and eighty one before the subscriber a Justice of the Peace of the State of Maryland in and for the County aforesaid personally appeared Mary E Biddle and acknowledged the foregoing mortgage to be her act. Geo R Vansant, JP State of Maryland Cecil County, sct: I hereby certify that on this 14th day of January in the year Eighteen hundred and eighty two before the subscriber a Justice of the Peace of the State of Maryland in and for the county aforesaid personally appeared John S Wirt and made oath in due form of law that the consideration set forth in the foregoing mortgage is true and bona fide as therein set forth and at the same time he also made oath in due form of law that he is the lawfully constituted agent of Ella Clark the within named Mortgagee for the purpose of making this affidavit. Mary E Biddle and acknowledged the foregoing mortgage to be her act. Andrew J Scott Jr(?), JP Recorded January 16th 1882 and examined Del’d to John S Wirt, March 11th 1882 Per James A Davis, Clerk December 22nd 1893 Original Mortgage return to the office with the following Release thereon to wit I hereby release the aforegoing Mortgage witness my hand and seal this twenty second day of December in the year Eighteen Hundred and ninety three. Wm T Clark Executor of Ella Clark Deceased Witness L M Haines