DEED: John W. Enders to John I. Enders; Schoharie, Schoharie co., NY

submitted by Gayle Hendren (gr3808 @ aol.com) 
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Submitted Date: June 22, 2004
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Written: August 18 1827
Recorded: August 25 1827

This Indenture, made this eighteenth day of August in the year of our Lord one 
thousand eight hundred and twenty seven between John W. Enders and Caty his 
wife of the town and county of Schoharie and State of New York of the first 
part, and John I. Enders of the same place aforesaid of the second part.  
Witnesseth that whereas the said party of the first part are justly indebted
to the said part of the second part in the just and full sum of One hundred
and twenty dollars and thirty three cents lawful money of the United States of 
America, secured to be paid to the said party of the second part by the
certain bond or obligatory bearing even date with these presents, as follows.
In one year from the date hereof with interest as by the said bond or
obligation and the conditions thereof may more fully appear, reference being
thereunto had. 

(?) Now, therefore this Indenture further witnesseth that the said party of
the first part, for the better securing and more sure payment of the said sum
of money mentioned in the said bond or obligation according to the true intent
and meaning thereof.  And also, for and in consideration of one dollar to them
in hand paid by the said party of the second part, at or before the unsealing
and delivery of these presents, the receipt whereof is hereby acknowledged. 
Have granted, bargained, sold, aliened, released, confessed, conveyed and
confirmed unto the said party of the second part, his heirs and assigns
forever.  All certain farm, piece, lot or parcel of land situate, lying and
being in the town, County and State aforesaid, being lot number twenty eight,
lying on the North side of Foxes Creek in a patent granted to Jacob Sternbergh
and others, as the same was devised in and by the last Will and Testament of
John Enders, deceased to the said party of the first part, and which will was
Recorded in the Surrogates office of the County of Schoharie on the twenty
sixth day of September, One thousand eight hundred and seventeen, in Book B.,
pages 149 & 150 containing One hundred acres of land be the same more or less. 
Together with all and singular, the edifices, building, rights, member
privileges, hereditaments and appurtenances thereunto belonging, or in any
wise appertaining.  And also, all the estate, right, title, interest, dower,
right of dower, property, possession, claim and demand whatsoever, in law or
equity of the said party of the first part, of in and to the same and the
reversion and reversions, remainder & remainders, rents, issues and profits
thereof.  To have and to hold the herein before granted premises, with all and
singular the rights, members privileges, hereditaments and appurtenances
thereunto belonging unto the said party of the second part, his heirs and
assigns to the only proper use, benefit and behoof of the said party of the
second part, his heirs, and assigns forever.  Provided always and these
presents are upon this express condition, nevertheless, that if the said party
of the first part, their heirs, executors or administrators, shall well and
truly pay, or cause to be paid unto the said party of the second part, his
executors, administrators or assigns, the said sum of money mentioned in the
condition of the aforesaid bond or obligation at the same time and in the
manner mentioned in the said condition according to the true intent and
meaning thereof, that then and from thenceforth, these presents, and the
estate hereby granted and everything herein contained, shall cease, determine
and be absolutely void to all intents and purposes.  And the said party of the
first part for themselves, their heirs, executors and administrators do
covenant, grant & agree to and with the said party of the second part, his
executors, administrators or assigns the said sum of money at the time and in
the manner herein before mentioned, according to the condition of the said
bond or obligation.  And it is hereby mutually (?) and agreed by and between
the parties to these presents, that if default shall be made in the payment of
the said sum money mentioned in the said bond or obligation and the interest
which shall accrue thereon or if any part thereof at the time specified for
the payment thereof according to the time and effect of the condition of the
paid said bond or obligation, that then and from thenceforth it shall be
lawful for the said party of the second part, his heirs, executors,
administrators and assigns, to enter into and upon all and singular the
premises hereby granted or intended so to be and to grant, bargain, sell &
dispose of the same and all benefit and equity of redemption of the said party
of the first part, their heirs, executors, administrators, or assigns, therein
at public auction, according to the act of the Legislature in such cases made
and provided.  And as the Attorney of the said party of the first part, for
that purpose, by these presents, duly constituted and appointed to make, seal,
execute and deliver to the purchaser or purchasers thereof, a good and
sufficient deed or deeds of conveyance in the law for the same in fee simple
an out of the monies arising from such sale, to retain the principal and 
interest which shall be due on the said bond or obligation according to the 
conditions thereof. Together with all the costs and charges of advertisement 
and sale of the same, rendering the overplus of the purchase monies (if any 
there shall be) unto the said party of the first part, their heirs, executors, 
administrators or assigns, which sale is to be made, shall forever be a 
perpetual( ban?) both in law and equity against the said party of the first 
part, their heirs and assigns and all other persons claiming or to claim the 
premises or any part thereof by from or under them or any of them. In witness 
whereof the said party of the first part, have hereunto set their hands and 
seals the day and year first above written.

Sealed and delivered in the presence of John Swart
John W. Enders L.S.
Caty F. Enders L.S.

State of New York, County of Schoharie.  I certify that on the eighteenth day 
of August one thousand eight hundred and twenty seven, personally came before 
me John W. Enders and Caty his wife, to me known to be the persons described
in and who executed the within Indenture of Mortgage and severally
acknowledged that they executed the same for the use and purposes therein
expressed, and on an examination of said Caty private and apart from her said
husband, she confessed that she executed the same fully and voluntarily
without any fear or compulsion of her aid husband.  Let it be Recorded.
Recorded, & Examined this 25th day of August 1827 at 11 o'clock A.M.           
Under Act of April 1823

John Swart Commissioner 

Alexander H. Marselus, Clerk.

Additional Comments:
This is a mortgage document.