Worth County MO Archives Deed.....DILLON, Isaac - ALLEN, Chester G. February 12, 1879 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/mo/mofiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Cic. Stetter TimeTraveler303@aol.com September 28, 2007, 2:35 am NE NE Sec 16 Township 65 North, Range 30 West Written: February 12, 1879 Recorded: August 16, 1880 Source: Book A, Page 371; Deed of Trust was listed in "Abstract and Index of Mortgages"; records at county recorder's office at court house, Grant City, Worth County, Missouri. Copied from a book. DEED OF TRUST This Deed, Made and entered into this twelfth day of February eighteen hundred and seventy nine by and between Chester G. ALLEN and Martha J. ALLEN his wife of the County of Worth State of Missouri parties of the first part, Isaac DILLON of the County of Worth State of Missouri, party of the second part, and Jane DILLON of the County of Worth State of Missouri, party of the third part, WITNESSETH, That the said parties of the first part, in consideration of the Debt and Trust hereinafter mentioned and created, and of the sum of One Dollar to them paid by the said party of the second part, the receipt of which is hereby acknowledged do by these presents Grant, Bargain and Sell, Convey and Confirm, unto the said party of the second part, the following described Real Estate, _____ situate, lying and being in the County of Worth and State of Missouri, to wit: The North East fourth of the North East quarter of Section Sixteen Township Sixty five 65, of Range No thirty 30, containing forty acres more or less. To Have and to Hold the Same, with the appurtenances, to the party of the second part, and to his successor or successors in this Trust, and to him and his grantees and assigns forever. IN TRUST, HOWEVER, For the following purposes: Whereas Chester G. ALLEN and Martha J. ALLEN the said parties of the first part, have this day made, executed and delivered to the said part of the third part, their Prommissory (sic) Note of even date herewith, by which they promise to pay to the said Jane DILLON or order, for value received, Two Hundred and seventy five Dollars, $275.00 Copy of Note February 12" 1879 Twelve months after date I promise to pay to the order of Jane DILLON two hundred and seventy five dollars for value received negotiable and payable and interest from date at the rate of ten per cent (sic) per annum and if the interest be not paid annually to become as principal and bear the same rate of interest Chester G. ALLEN Now, therefore, If the said parties of the first part, or any one for him shall well and truly pay off and discharge the debt and interest expressed in the said Note and every part thereof, when the same becomes due and payable according to the true tenor, date and effect of said Note, Then this Deed shall be Void, and the property hereinbefore conveyed shall be released at the cost of the said party of the first part; but, should the said first party fail or refuse to pay the said debt, or the said interest, or any part thereof, when the same or any part thereof shall become due and payable, according to the true tenor, date and effect of said Note, then the whole shall become due and payable,and This Deed shall Remain in Force; And the said party of the second part, or in case of his absence, death, refusal to act, or disability in any wise, the (then) acting Sheriff of Worth County, Missouri, at the request of the legal holder of the said Note ___ may proceed to sell the property hereinbefore described, or any part thereof, at public vendue, (sic) to the highest bidder, at the Court House door, in the town of Grant City Worth County, Missouri, for cash, first giving Sixty days public notice of the time, terms and place of sale, and of the property to be sold, by advertisement in some newspaper printed and published in the County of Worth and upon such sale shall execute and deliver a deed in fee simple of the property sold to the purchaser or purchasers thereof, and receive the proceeds of said sale; and any statement of facts or recital by the said Trustee, in relation to the non- payment of the money secured to be paid, the advertisement, sale, receipt of the money, and the execution of the Deed to the purchaser, shall be received as prima facia evidence of such fact, and such Trustee shall, out of the proceeds of said sale, pay, first, the cost and expenses of executing this Trust, including legal compensation to the Trustee for his services; and next, he shall apply the proceeds remaining over to the payment of said debt and interest, or so much thereof as remains unpaid, and the remainder, if any, shall be paid to the said party of the first part, or thru their legal representatives. And the said party of the second part covenant faithfully to perform and fulfill the Trust herein created, not being liable or responsible for any mischance occasioned by others. In Witness Whereof, The said parties have hereunto set their hands and seals the day and year first above written. Chester G. Allen {Seal} Martha J. her x mark Allen {Seal} Executed in the presence of us, ________________ ________________ ______________________________________________________________________ STATE OF MISSOURI, County of Worth } ss. Be it Remembered, that on this twelfth day of February A. D. 1879, before the undersigned, a Justice of the Peace within and for the County of Worth and State of Missouri, personally came Chester G. ALLEN and Martha J. ALLEN his wife, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument of writing, as parties thereto, and acknowledged that they executed the same for the uses and purposes therein mentioned. And the said Martha J. ALLEN being by me first examined separate and apart from her husband, and made fully acquainted with the contents of the said instrument, acknowledged that she executed the same and relinquishes her dower in the real estate thereto mentioned, freely and without fear, compulsion or undue influence of her said husband IN TESTIMONY WHEREOF, I have hereunto set my hand {"and affixed my official seal," [text crossed out]} at my office in ____ the day and year first above written. William A. PENDLETON J. P. {signed} _______________________________________________________________________ [segment of form was not used and not transcribed] _______________________________________________________________________ The foregoing Deed of Trust was filed for record this 16 day of August A. D. 1880, at 2 o'clock _____ minutes PM. W H CAMPBELL Recorder. * * * * * * * * * * * * * * * * * * * * * * * NOTE: Written along the right margin of the page: "For sale hereunder see book "T" Page 239." Additional Comments: There were no witnesses shown on the two blank lines on the form. File at: http://files.usgwarchives.net/mo/worth/deeds/allen60gdd.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 7.3 Kb