DEED: Jeremiah Enders - John Enders; Schohrie, Schoharie co., NY submitted by Gayle Hendren (gr3808 @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: June 30, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.3 Kb ************************************************ Lots 113, 114, 115, 116 & Lot H, Schoharie Written: January 7 1842 Recorded: January 7 1842 Jeremiah Enders and John I. Enders This Indenture made this seventh day of January in the year of our Lord one thousand eight hundred and forty two between Jeremiah Enders of Schoharie in the County of Schoharie and State of New York of the first part, and John I. Enders, of the same place, of the second part. Witnesseth that whereas the said party of the first part is justly indebted to the said party of the second part in the just and full sum of three thousand seven hundred and ninety two dollars and sixty nine cents lawful money of the United States of America secured to be paid to the said party of the second part by his certain bond or obligation bearing even date with these presents. Conditioned that the said Jeremiah Enders party of the first part shall and truly pay or cause to be paid unto the said John I. Enders his heirs executors administrators or assigns the annual interest of the principal sum of three thousand seven hundred and ninety two dollars and sixty nine cents to be paid annually for and during the time of the natural life of the said John I. Enders and during the lifetime of Margaret Enders wife of the said John I. Enders or either of them respectively as by the said bond or obligation and the condition 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 him in hand paid by the said party of the second part at or before the unsealing and delivery of then presents the receipt whereof is hereby acknowledged: Hath granted, bargained, sold, aliened, released, enfeofed conveyed and confirmed and by these presents doth grant bargain sell alien release enfeoff convey and confirm unto the said party of the second part heirs and assigns forever. All that certain farm situate lying and being in the town of Schoharie aforesaid and being the farm on which said party of the second part lately resided and now in the occupation of the said party of the first part and consist of lots No. one hundred and thirteen one hundred fourteen one hundred fifteen and one hundred and sixteen on the south side of Foxes Creek in a patent granted to Lewis Morris and Andrew Coeyman and also fifteen acres more or less of the east end of a lot of twenty two acres lying on the south side of Foxes Creek in Sternburgh Patent and is described on a map annexed to the partition deed executed by Christian Lawyer on the sixth day of January on thousand eight hundred and eighteen as Lot H. Together with all and singular the edifices building rights members 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 and remainders, rents, issues and proffits thereof. To have and to hold the herein before granted premises with all and singular the rights members privileges hereditaments and appurtenances there unto 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 uppon this express condition, nevertheless, that if the said party of the first part, his 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 same 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 second part his heirs executors and administrators doth covenant grant and agree to and with the said party of the second part his executors administrators or assigns that the said party of the first part shall and will well and truly pay 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 covenanted and agreed by and between the parties to these presents that if default shall be made in the payment of the said sum of money mentioned in the said bond or obligation and the interest which shall accrue thereon or of any part thereof at the time specified for the payment thereof according to tenor and effect of the condition of the said bond or obligation that then and from thenceforth it shall and may be lawful for the said party of the second part heirs executors administrators and assigns to enter into and uppon all and singular the premises hereby granted or intended so to be and to grant bargain sell and dispose of the same and all benefit and equity of redemption or the said party of the first part his heirs executors administrators or assigns therein at public auction according to the act of the Legislature in such 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 and out of the moneys arising from such sale to retain the principal and interest which shall be due on the said bond or obligation according to the condition thereof together with all the costs and charges of advertisement and sale of the same rendering the overplus of the purchase money (if any there shall be) unto the said party of the first part his heirs executors administrators or assigns which sale so to be made shall forever be a perpetual bar both in law and equity against the said party of the first part his 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 hath hereunto set his hand and seal the day and year first above written. Sealed and delivered In presents of Jeremiah Enders L.S. Wm. Mann State of New York Schoharie County ss. I certify that on the 7th day of January one thousand eight hundred and forty two personally appeared before me Jeremiah Enders to me well know to be the identical person who executed the within Mortgage and acknowledged that he executed the same for the purposes therein mentioned let it be recorded. Recorded and examined David Miles, Justice of the Peace of the 7th day of January 1842 said Co. At 3 o'clock p.m. Thos. McArthur Clerk ***In the margin of mortgage it is written: Satisfaction of this mortgage entered this 10th day of April 1847. See satisfaction of this mortgage recorded in Book B. of satisfaction of mortgages on page 469. Stephen Mahan clerk. Additional Comments: This is mortgage. All spelling & punctuation is shown as in the original document.