Land: Mortgage by Eliza Ann, Charles S. and Martha H. Campbell to David T. Devlin, Jr. (1897), 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 JGW, Number 1, Folio 579 This Mortgage made this first day of October eighteen hundred and ninety seven between Eliza Ann Campbell, Charles S Campbell and Martha H Campbell his wife of Cecil County in the State of Maryland Mortgagors and David T Devlin, Jr, Mortgagee of Cecil County in the State of Maryland. Witnesseth that in consideration of the sum of Three hundred 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 those two tracts or pieces of land situate, lying and being in the Seventh Election District of Cecil County aforesaid, containing in the aggregate ten acres more or less, which are mentioned and described in a deed from the said Eliza Ann Campbell to the said Charles S Campbell dated on the eleventh day of April, in the year eighteen hundred and ninety two and recorded among the land records of said County in Liber JTG No 2 folio 2, etc, to which deed and the deeds and proceedings therein referred to reference is hereby made for the courses and distances and a more particular description of said land, together with the improvements theron and privileges and appurtances thereto appertaining or in any 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 his executors, administrators or assigns, the sum of three hundred dollars, together with interest thereon at 6 percent per annum payable semi-annually, from the 2nd day of October, eighteen hundred and ninety seven in one year from the date of this Mortgage 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 here covenant to pay when legally demandable. 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 his assigns,or for George A Blake 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 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 have then 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 four hundred 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 premiums 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 fully as though included in the first instance in the mortgage debt itself. that should default be made in the payment when due of any installment of taxes, assessments, public dues and 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 executors administrators, or assigns in her or their pleasure and discretion should pay the same 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. Witness our hands and seals the day and year first herein written. Eliza Ann Campbell Charles S Campbell Martha H Campbell Signed, sealed and delivered in the presence of Chas W Ward State of Maryland, Cecil County, to wit: I hereby certify, that on this first day of October in the year eighteen hundred and ninety seven before me, the subscriber, a Justice of the Peace of the State of Maryland in and for Cecil County, personally appeared Eliza Ann Campbell, Charles S Campbell and Martha H Campbell, his wife, and acknowledged the foregoing instrument of writing to be their act and deed. Chas W Ward, JP State of Maryland, Cecil County, to wit: I hereby certify that on this 2nd day of October in the year eighteen hundred and ninety seven before me the subscriber, a Justice of the Peace of the State of Maryland in and for Cecil County aforesaid, personally appeared George A Blake, the agent of the aforesaid Mortgagee and made oath in due form of law in the Holy Evangely of Almighty God that the consideration named in the aforegoing Mortgage is true and bona fide as therein set forth, and that he is agent of said Mortgagee, and that the said Mortgagee has not required the Mortgagor, his agent or attorney or any person for the said Mortgagor to pay the tax levied upon the interest covenanted to be paid in advance, nor will he require the same to be paid by the Mortgagor or any person for him during the existence of this mortgage. Nelson K Warner, JP Recorded October 4, 1897 and examined Del’d to Mollie D Arbuckle March 19th 1898 Per John G Williams, Clerk Dec 11th 1904 - Original returned released as follows: I hereby release the within and aforegoing Mortgage: Witness my hand and Seal this third day of June 1904. Mollie D Arbuckle Witness Paul T Arbuckle See the following Web site for more info on Mollie D Arbuckle, David T Devlin, and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm