Land: Mortgage by Frank C. McKnight and Others to David T. Devlin (1895), 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 JTG, Number 9, Folio 382 This Mortgage Made this twentieth day of May, Eighteen hundred and ninety five between Frank C McKnight and Annie F McKnight his wife and John McKnight of Monmouth(sic) County in the State of New Jersey Mortgagors and David T Devlin Mortgagee hereto of Cecil County in the State of Maryland. Witnesseth that in consideration of the Sum of Six Hundred dollars ($600.00), now owing by Said Mortgagor to said Mortgagee 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 in fee Simple, all the right title, interest Claim and demand, both at law and in equity, of the Said Mortgagors in and to all that farm Situated in the 5th Election district of Cecil County aforesaid about two miles East of the Town of Elkton: it being the same tract of land which was conveyed unto the Said Frank C McKnight, by George A Blake trustee by deed dated on the nineteenth day of May in the year 1890, and recorded among the land records of Said Cecil County prior to these presents Containing twenty acres of land more less, together with the buildings thereon and appurtenances thereto belonging. 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 Six hundred dollars ($600.00) together with interest thereon at 6 per cent per annum, payable Semiannually, from the date hereof on Twentieth day of May Eighteen hundred and ninety Six and shall perform the covenants and agreements hereinafter on their part Stipulated to be done, then this mortgage shall be void: And it is agreed that untill(sic) 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, or the Mortgage debt hereby Secured, 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 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 finalizing 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 given at least three weeks previous public notice by advertisements inserted in Some newpaper 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 Mortgage debt, interest, taxes and insurance herby 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 aforesaid, or to pay any premiums on Said policy or policies or to pay any installment of taxes aforesaid, and the said Mortgage his Executors administrators, devises legatees, distributees or assigns, should insure the said buildings or pay said premiums or taxes the Sums paid, with interest thereon, shall be a lien on said property, as full as though included in the first instance in the mortgage debt itself. Witness our hands and seals, the day and year first herein written. Frank C McKnight Annie F McKnight John McKnight (his mark) Signed Sealed in the presence of Chas J Parker State of New Jersey Monmoth County to wit: I hereby Certify that on this Twentieth day of May in the year Eighteen hundred and ninety five before me the Subscriber, a Notary Public of the State of New Jersey in and for Monmoth County personally appeared Frank C McKnight Annie F McKnight his wife and John McKnight did each acknowledge the aforegoing instrument of writing to be their act. In testimony whereof I have Hereunto Set my hand and Notarial Seal affixed the day and year first above written. Chas J Parker Notarial Public New Jersey State of Maryland Cecil County to wit: I hereby Certify that on this 22nd day of May in the year Eighteen hundred and ninety five before me the Subscriber a Justice of the peace of the State of Maryland in and for Cecil County personally appeared George A Blake Agent for David T Devlin and made oath in due form of law, that the Consideration in Said Mortgage is true and bona fide as therein set forth and that he is the agent for David T Devlin and duly authorized to make this Oath. Peter H Cleavis JP Recorded May 25 1895 and Examined Mailed to David T Devlin June 5 1895 Per James T Graham, Clk For Release see No 2563 Equity: Equity Record MD No 3 folio 236 See the following Web site for more info on David T Devlin and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm