Land: Mortgage by Jennie M. & John R. Moore 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 227 This Mortgage, made this second day of February eighteen hundred and ninety eight between Jennie M Moore and John R Moore her husband 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 Two hundred and fifty 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 farm or tract of land situated on the road leading from Fair Hill to Newark, in the fourth Election district of said Cecil County, Containing thirty seven acres, three roods and six perches of land more or less, it being a part of the real estate which was conveyed unto John Wade, the father of said Jennie M Moore, by Hiram McCullough Trustee, by deed dated on the thirteenth day of September, in the year eighteen hundred and sixty five and recorded among the land records of said Cecil County in Liber WHR No 7 folio 700, the said Jennie M Moore – being the only child and heir of the said John Wade who died seized thereof intestate to which deed and the deeds, papers and proceedings therein referred to reference is hereby made for a more full and particular description thereof together with the improvements thereon and privileges and appurtenances thereto appertaining or in 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 her executors, administrators, or assigns the sum of Two Hundred and fifty dollars together with interest thereon a(sic) 6 per Cent per annum, payable annually, from the 2nd day of February 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 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 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 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, that 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. Jennie M Moore John R Moore Signed, sealed and delivered in the presence of Philip M Groves State of Maryland Cecil County, to wit: I hereby Certify that on this Second day of February 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 Jennie M Moore, and John R Moore, her husband and each acknowledged the foregoing instrument of writing to be their act and deed. Philip M Groves, JP State of Maryland Cecil County, to wit: I hereby Certify, That on this 2nd day of February 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 George A Blake, the agent of the aforesaid Mortgagee Mollie D Arbuckle, 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 the 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. Philip M Groves, JP Recorded February 2nd 1898 and Examined. Deld to Mollie D Arbuckle March 19th 1898 Per John G Williams, Clerk August 12th 1902. Original Mortgage returned released as follows: I hereby release the within Mortgage. Witness my hand and Seal this 2nd day of August 1902. Mollie D Arbuckle Witness Paul T Arbuckle See the following Web site for more info on Mollie D Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm