Land: Mortgage by John & Mary A. Everitt to Mollie D. Arbuckle (1898), 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 3, Folio 165 This Mortgage, made the Tenth day of January AD eighteen hundred and ninety eight by and between John Everitt and Mary A Everitt his wife, both of Cecil County, in the State of Maryland parties Mortgagors hereto and Mollie D Arbuckle of the same County and State party Mortgagee hereto. Witnesseth that in Consideration of the sum of four hundred and fifty dollars Now owing from the said Mortgagors to the said Mortgagee upon Certain 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 those two parcels of land situated on or near the road leading from Elkton to Cherry Hill in Cecil County in the State of Maryland, conveyed to the said John Everitt by Wilmer E Harkness and wife by deed dated the 30th day of November in the year Eighteen hundred and ninety six recorded in Liber JTG No 11 folio 26 one of the land Record books of Cecil County aforesaid to which said deed reference is hereby made for more full and particular description of said property. Provided However, that if the said Mortgagors their heirs, executors, or administrators shall pay to the said Mortgagee her executors, administrators or assigns, the said Mortgage debt or sum of Four hundred and fifty dollars on or before the Tenth day of January AD eighteen hundred and ninety nine, 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 Mortgagors Contained, then this Mortgage shall be void. And Provided further, that if the said Mortgagors their 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 Mortgagors Contained, that then in either case it shall be lawful for the said Mortgagee her executors administrators or assigns, or for Henry M McCullough of Cecil County 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 the Mortgagee hereto may deem best his representations or assigns, after giving at least three weeks previous public notice by advertisements 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 palce(sic) 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 counsel fee of forty dollars to be paid to the attorney making said sale together with the costs of said suit, then to the payment of all sums owing under the provisions of this Mortgage whether the same shall have then matured or not: and the residue if any to pay to the said Mortgagor John Everitt 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 file as required by law for the party authorized to make said sale, and the said property should not be sold because of the request of said Mortgagors their heirs, executors, administrators or assigns the party so advertising shall be entitled to receive one half of the said commissions, and the said Mortgagors for themselves their heirs, executors and administrators hereby covenant grant and agree to and with the said Mortgagee her executors, administrators and assigns, that they will pay the said sum of Four Hundred and fifty dollars on or before the Tenth day of January AD eighteen hundred and ninety nine; that they will pay the interest on said sum of Money semi-annually from the date hereof; 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 said Mortgagee for a sum not less than the debt hereby secured that they will assign the Policy or policies of insurance to the said Mortgagee 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 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. In witness whereof the said Mortgagors have hereunto set their hands and seals. John Everitt Mary A Everitt Attest Philip M Groves State of Maryland Cecil County, SS: I hereby Certify that on this Tenth day of January AD, eighteen hundred and ninety eight before the subscriber, a Justice of the peace of the said State in and for said County, personally appeared the above named John Everitt and Mary A Everitt his Wife and did each acknowledge the aforegoing Mortgage to be their respective act and deed. Philip M Groves, JP State of Maryland Cecil County, SS: I hereby Certify that on this tenth day of January in the year eighteen hundred and ninety eight before me, the subscriber, a Justice of the peace of the said State, in and for said County personally appeared Mollie D Arbuckle, the party Mortgagee to the aforegoing Mortgage and made oath in due form of law that the consideration of the said aforegoing Mortgage is true and bona fide as therein set forth and did also make oath on the Holy Evangely of Almighty God that she has not required the Mortgagors their agent or Attorney or any person for the said Mortgagors to pay the tax levied upon the interest covenanted to be paid in advance nor will she require the same to be paid by the Mortgagors or any person for them during the existence of this Mortgage. Philip M Groves, JP Recorded January 10th 1898 and examined Del’d to Henry M McCullough atty April 21st 1898 Per John G Williams, Clerk April 4th 1899 Original Mortgage brought into the office with the following release thereon to wit: For value receive We Mollie D Arbuckle and Paul T Arbuckle her husband, of Cecil County hereby release the Within and aforegoing Mortgage. Mollie D Arbuckle Paul T Arbuckle Witness Henry M McCullough See the following Web site for more info on Mollie D Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm