Land: Mortgage by Laura & Benjamin Garrett to Kate M. Arbuckle (1896), 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 WPH, Number 1, Folio 317 This Mortgage made the fourth day of September eighteen hundred and ninety six between Laura Garrett and Benjamin Garrett her husband of Cecil County in the State of Maryland, Mortgagors and Kate M Arbuckle Mortgagee of said County, in the State of Maryland. Witnesseth, that in consideration of the sum of Three hundred 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 to hereby grant unto the said Mortgagee, the right, title, interest, claim and demand, both at law and in equity, of the said Mortgagors in and to all that piece of ground situated in the town of Elkton in the County of Cecil and State of Maryland, which was conveyed unto the said Laura Garrett by Henry McCullough, Trustee by deed dated on the 23rd day of June in the year Eighteen hundred and ninety six and to be recorded among the land records of said County prior to these presents and being the same property mentioned and described in the deed named in said deed 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 Three hundred dollars, together with interest thereon at 6 per cent per annum, payable semiannually, from the 4th day of September eighteen hundred and ninety six 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. Ant it is agree 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, here 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 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 her assigns, in a sum not less than three 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 that if failure should be made to insure or assign as aforesaid, or to pay any premiums 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. Laura Garrett Benjamin Garrett (his mark) Signed, sealed and delivered in the presence of Nelson K Warner State of Maryland Cecil County , to wit: I hereby certify, that on this Fourth day of September in the year Eighteen hundred and ninety six before me the subscriber, a Justice of the Peace of the State of Maryland, in and for Cecil County, personally appeared Laura Garrett and Benjamin Garrett, aforesaid, and acknowledged the foregoing instrument of writing to be their act and deed. Nelson K Warner JP State of Maryland Cecil County, to wit: I hereby certify that on this Fourth day of September in the year Eighteen hundred and ninety six, before me the subscriber, a Justice of the Peace of the State of Maryland, in and for Cecil County, personally appeared Samuel Arbuckle, agent of Kate M Arbuckle 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 of the said Mortgagee, and he did also make oath on the Holy Evangely of Almighty God that she has not required the 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 said Mortgagors or any person for them during the existence of this Mortgage. Nelson K Warner JP Recorded Sept 5 1896 and Examined Del’d to Saml Arbuckle Oct 24 1896 Per John G Williams, Clk Dec 16 1907 Original returned Assigned as follows: We hereby assign the within Mortgage to John E Alexander. Witness our hands and seals this 16th day of December 1907 Mrs Kate M Arbuckle Saml J Arbuckle Witness Geo A Blake June 29, 1920 Original Mortgage brought into the office Assigned as follows: We hereby Assign the within and aforegoing Mortgage to Robert C Thackery, for the purpose of foreclosure. Witness our hands and seals this 29th day of June, 1920. Harry T Alexander Lillian V Alexander S Claude Sykes (All of above Executors of John E Alexander) Witness present: D H Garrett Assignment recorded June 29, 1920 Per H W Lewis, Clerk (For Release See No 3574 – Equity) See the following Web site for more info on Kate M Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm