DEED: James Germond to Clarissa Isham; Schoharie, 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 22, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.4 Kb ************************************************ Written: June 24 1818 Recorded: June 24 1818 This Indenture made the twenty fourth day of June in the year of our Lord one thousand eight hundred and eighteen between James Germond of the town and county of Schoharie and State of New York of the first part and Clarissa Isham of the town county and state aforesaid of the second part Witnesseth that where as James Germond of the first part is justly indebted to the said party of the second part in the just and full sum of one thousand nine hundred dollars lawful money of the United States of America, secured to be paid to the said party of the second part, by a certain bond or obligation bearing .? date with these presents in the final sum of three thousand eight hundred dollars conditioned for the payment of the said sum of one thousand nine hundred dollars, in the following manner towit five hundred dollars on the first day of May next, the like sum of five hundred dollars on the first day of May eighteen hundred and twenty, and the remaining sum of nine hundred dollars on the first day of April in the year eighteen hundred and twenty three with interest on the whole annually 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 these presents, the receipt whereof is hereby acknowledged, Hath granted, bargained and sold, aliened, released, enfeoffed, conveyed and confirmed and by these presents doth grant, bargain and sell, alien, release, enfeoff, convey and confirm unto the said party of the second part, her heirs and assigns forever, All that certain farm, piece or parcel of land situate in the town and county of Schoharie and distinguished by Garlock town and beginning at the north east corner of a tract of land known by the name of Garlock town aforesaid, known and distinguished by Lot No. 154 and runs thence south twenty two degrees west, thirty eight chains and ninety links to the south east corner of lot No. 155 thence south eighty nine degrees west thirty two chains and fifty links, thence north one degree west seven chains twenty five links, thence south eighty nine degrees west ten chains, thence north one degree west twenty chains and ninety links to the Cobleskill, thence up said stream as it winds and turns to the place of beginning containing one hundred and forty one acres, two roods and three ..? of land, also one other lot and piece of land lying, adjoining on the before described premises containing two acres, one rood and twenty five ..? of land. 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 in equity of the said parties of the first part, of in and to the same and to reversion and reversions, remainder and 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 her heirs and assigns to the only proper use benefit and behoof of the said party of the second part, her heirs and assigns forever. Provided always and these presents are upon this 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, her 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. 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 James Germond shall and will well and truly pay to the said party of the second part her executors, administrators or assigns, the said sum of money with interest on the whole annually 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 condition of 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 the con .? And effect of the condition of the said bond or obligation that then and from thenceforth, it shall be lawful for the said party of the second part , her 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 and dispose of the same and all benefits and equity of redemption of the said parties of the first part, his heirs, executor, administrator 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 parties 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 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 monies 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 monies if any there shall be, unto the said James Germond 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 parties 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 him, them or any of them. In witness whereof the parties to these presents, have hereunto set their hand and seals, the day and year first above written. Sealed & delivered in the presence of Solomon Loomis , A. Crookshank James Germond L.S. State of New York Schoharie county ss. On the twenty fourth day of June in the year of our Lord on thousand eight hundred and eighteen, personally came before me Olney Briggs on of the Judges of the court of common please for the said county, James Germond who was identified to me by the oath of Alexander Crookshank, a person to me well known to be the person mentioned in and who executed the within indenture, who acknowledged that he executed the same freely and voluntarily for the uses and purposes therein mentioned. I having inspected the said indenture and finding therein no material interlineations, erasures or alterations except those mentioned at the bottom do show the same to be recorded. Schoharie June 24, 1818. Recorded June 24, 1818 Olney Briggs one of the judges of the Schoharie Common Pleas. Wm Mann Dept. Clk. Additional Comments: This is a mortgage document.