Land: Mortage by Daniel T. and Mary C. Arbuckle to Henry H. McFadden (1907), 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 MD, Number 7, Folio 578 THIS MORTGAGE, Made this Twelfth day of December, in the year Nineteen Hundred and Seven, by Daniel T Arbuckle and Mary C Arbuckle, his wife, both of Cecil County, Maryland. WITNESSETH, That in consideration of the sum of Twelve Hundred Dollars, now due and owing from the said Daniel T Arbuckle to Henry H McFadden, of same County and State, upon his certain covenants hereinafter expressed, and for the purpose of better securing the payment thereof, with the interest thereon according to the provisions, covenants and agreements hereinafter contained, the said Mortgagors do hereby grant unto the said Henry H McFadden, Mortgagee, his heirs and assigns in fee simple, All That Tract or Parcel of Land situate in Cecil County, Maryland, near Andora, on the public road from Elkton to Fair Hill, and Containing One Hundred and Forty Two Acres of Land, more or less, and particularly described as follows:-- BEGINNING at a stone heap on the line of Scott’s Land and running thence South eighty one and one quarter degrees West, ninety six and five tenths perches to middle of road, thence with said road by two courses to a stone, a corner of Valentine’s Land, South seventy seven degrees East, forty four perches, thence North seventy nine degrees East, one hundred and sixteen perches, with same to Drummond’s Land, to East side of a stream, South sixty five degrees East, sixteen perches with Blackiston’s Land South thirty nine and one-half degrees East, twenty four perches with Blackiston’s Land, South forty eight degrees East, sixteen perches, South forty five degrees West, twenty five perches, South sixty four degrees, twenty and one-half perches, South eighty nine degrees West, one hundred and twenty two perches with Scott’s Land to beginning. THE courses and distances hereby given are taken from a survey and plat made by Alfred B McVey, Surveyor, and filed with the papers in the Arbuckle estate in the Orphans’ Court of Cecil County; together with all and singular the buildings and improvements thereon and the rights, privileges and appurtenances thereto belonging or in any wise appertaining. PROVIDED, HOWEVER, That if the said Mortgagors, their heirs, executors or administrators, shall pay to the said Mortgagee, his executors, administrators, or assigns, the said mortgage debt of Twelve Hundred Dollars in one year 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 when due of said mortgage debt, or in the payment when due of any semi annual installment of interest thereon, to accrue, or in the performance of any covenant or agreement hereinafter on the part of the said Mortgagors contained, that in either case it shall be lawful for the said Mortgagee, his executors, administrators or assigns, or W T Warburton of Elkton, Maryland, 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 may be agreed upon by the parties hereto, their representatives 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, 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 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 solicitor’s fee of Twenty Dollars; 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 or to whoever may be legally entitled to receive the same; provided, that should said property be advertised for sale under the above power and a bond be filed as required by law, by the party authorized to make said 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 payment of the mortgage debt, the party so advertising shall be entitled to receive but one-half of the said commissions. AND the said Mortgagors for themselves, their heirs, executors and administrators, hereby covenant and agree to and with the said Mortgagee, his executors, administrators and assigns, that they will pay the said sum of Twelve Hundred Dollars at the expiration of one year from the date hereof as above provided; that they will pay the interest on said sum of money semi-annually from the date hereof at the rate of Five and One Half Per Centum per annum; 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 execute such further assurances of said Land as may be requisite, and that should default be made in the payment when due of any installment of taxes aforesaid; and the said Mortgagee, his executors, administrators or assigns, in his or their pleasure and discretion should pay the same, the 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 their hands and Seals. Daniel T Arbuckle Mary C Arbuckle Test:-- H H Gilpin State of Maryland, Cecil County, to wit: I Hereby Certify, That on this Twelfth day of December, in the year Nineteen Hundred and Seven, before the subscriber a Justice of the Peace of said State, in and for Cecil County aforesaid, personally appeared Daniel T Arbuckle and Mary C Arbuckle, his wife, and did each acknowledge the foregoing Mortgage to be their respective act; and also at the same time, before me, personally appeared Henry H McFadden, and made oath in due form of law that the consideration mentioned in the aforegoing Mortgage is true and bona fide as therein set forth. H H Gilpin, JP Recorded December 12th, 1907, and examined. Per Manly Drennen, Clerk Mailed to Henry H McFadden, Esq, Andora, MD, February 18th, 1908. I hereby release the Aforegoing Mortgage. Witness my hand and Seal this 10th day of December 1912. Henry H McFadden Witness: Cecil Kirk, Clerk See the following Web site for more info on Daniel T Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm