Land: Mortgage by Rebecca J. & Calvin Merritt and George A. Blake 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 176 This Mortgage made the tenth day of January eighteen hundred and ninety eight between Rebecca J Merritt and Calvin Merritt her husband and George A Blake Trustee of Z(?) Taylor Howard of Cecil County, in the State of Maryland Mortgagors and Mollie D Arbuckle Mortgagee of Cecil County in the State of Maryland. Witnesseth that in Consideration of the sum of seven hundred and twenty five 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 three lots of land two of which are situated on the North side of Back or High Street in the town of Elkton in said County and the other on the East side of Milburn Street in said town they being the same lots of land conveyed unto the said Rebecca J Merritt by James Clendenin and wife by deed dated on the 25th day of October 1886, and recorded among the land record books of said County in Liber JAD No 13 folio 190 and by a deed from the said Calvin Merritt to the said Rebecca J Merritt, dated November the 30th 1886 and recorded among said land records in Liber JAD No 13 folio 191 and by a deed from The Mutual Building Association of Cecil County to said Rebecca J Merritt, dated December the 12th 1885 and recorded among the land records of said County in Liber JTG No 11 folio 303 the said George A Blake, Trustee as aforesaid joining in these presents for the purpose (and only purpose) of giving these presents priority over a Mortgage from the said Rebecca J Merritt and Calvin Merritt to him the said George A Blake, Trustee, dated on the day of 189 and recorded among said land records in Liber WPH No 1 folio 510 reference being made to said Conveyances for a better description of said premises together with the improvements thereon and privileges appurtenances thereto appertaining or in any wise belonging, in fee simple. Provided However, that if the said Mortgagors, Rebecca J Merritt and Calvin Merritt their heirs, executors, administrators or assigns shall pay: or cause to be paid, unto the said Mortgagee her executors, administrators, or assigns, the sum of seven hundred and seventy five (775) dollars, together with interest thereon at 6 per cent per annum, payable semi annually from the 15th day of January eighteen hundred and ninety eight 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 hereby 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 her assigns or for George A Blake, of Cecil County, her 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 or newspapers 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 said 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 said Mortgage debt, together with all sums owing under the provisions hereof for interest, taxes or insurance, whether the same shall then have 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 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 her assigns, in a sum not less than Eight 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 her assigns, as Collateral security for the payment of the said mortgage debt and do further covenant if failure should be made to insure or assign as aforesaid, or to pay any premium on said policy or policies, or to pay any installment of taxes aforesaid, and the said Mortgagee her 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. Witness our hands and seals the day and year first herein written. Rebecca J Merritt Calvin Merritt George A Blake, Trustee Signed, sealed and delivered in the presence of Philip M Groves State of Maryland Cecil County, to wit: 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 State of Maryland, in and for Cecil County aforesaid, personally appeared Rebecca J Merritt Calvin Merritt her husband and George A Blake, Trustee as aforesaid and each acknowledged the foregoing instrument of writing to be each act and deed. Philip M Groves, JP State of Maryland Cecil County, to wit: I hereby Certify that on this 13th day of January in the year eighteen hundred and ninety eight before me, the subscriber, a Justice of the Peace of the State of Maryland, in and for Cecil County aforesaid personally appeared Mollie D Arbuckle, 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 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. Philip M Groves, JP Recorded January 15th 1898 and Examined Mailed to Mollie D Arbuckle Feby 24th 1898 Per John G Williams, Clerk Original returned assigned as follows: I hereby assign the within Mortgage to William S Evans for collection either by assignment, release or exercise of the powers of sale herein. Witness my hand and seal this 28th day of March AD 1918. Mollie D Arbuckle Witness present Paul T Arbuckle (For Release See No 3439 – Equity) See the following Web site for more info on Mollie D Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm