DEED: Peter Van Alstine - Jeremiah Enders; 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 27, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.3 Kb ************************************************ Assigned To: John J. Enders Lot 21, Melchers Patent Broome County Written: December 30 1841 Recorded: December 31 1841 Peter Van Alstine To Jeremiah Enders This Indenture Made the thirtieth day of December in the year of our Lord one thousand eight hundred and forty one Between Peter Van Alstine of the town of Glen, County of Montgomery & state of New York of the first part, and Jeremiah Enders, of the town and County of Schoharie in said state, of the second part. Witnesseth that the said party of the first part, for and in consideration of the sum of Five Hundred Dollars, money of account of the United States, to him in hand paid, by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold, released, aliened and confirmed. And by these presents doth grant, bargain, sell, release, alien and confirm unto the said party of the second part, and to his heirs and assigns forever. All that certain parcel of land lying in the town of Conklin, Broome County, being one hundred acres part of lot number twenty one in Clinton and Melchers Patent, to be taken off from the north side of said lot by a line run parallel to the north line thereof. Together with all and singular the hereditaments thereunto in any wise belonging and the reversion and reversions, remainder and remainders, rents, issues and proofs, thereof. To Have and To Hold the said premises hereby released and confirmed, with all the appurtenances, unto the said party of the second part, and to the sole and 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, that if the said Peter Van Alstine, his heirs executors and administrators, do and shall well and truly pay, or cause to be paid unto the said party of the second part, his certain attorney or attorneys, heirs, executors, administrators or assigns, the sum of five hundred dollars, in five equal annual payments, with interest on the whole sum unpaid, payable annually, in the manner particularly specified in the condition of a certain bond or obligation bearing even date herewith executed by the said Peter Van Alstine to the said party of the second part, that then and from thenceforth, these presents and everything herein contained, shall cease and be void; anything herein contained to the contrary in any wise notwithstanding. But in case Default shall be made in the payment of all or any part of said principal sum of five hundred dollars, or the interest thereof at the time or times when the same ought to be paid as aforesaid, that then and in such case the said party of the first part for himself, his heirs, executors and administrators, doth covenant, grant, promise and agree to and with the said party of the second part, his heirs, executors, administrators and assigns, that it shall and may be lawful for the said party of the second part, his heirs, executors, administrators, or assigns, any time or times thereafter, to sell and dispose of the said premises, hereby granted, or any part or parts thereof, at public vendue, to any person or persons whom so ever, and such sale to make , sign, seal and deliver any deed or deeds of conveyance in the law for the said premises hereby granted or the part or parts thereof so sold, to the purchaser or purchasers, his, her or their heirs and assigns forever; and out of the moneys arising from such sale or sales, to keep and retain in his hands, the said sum of five hundred dollars, with the interest then due together with all costs, charges, or expenses that shall or may be due, accrue, arise or happen, by reason or on account of such sale or sales. And the overplus money (if there be any) shall when demanded, be paid to the said party of the first part, his heirs, executors, administrators or assigns. In Witness Whereof, the said party of the first part, hath hereunto set hi hand and seal the day and year first above written. Peter Van Alstine L.S. Sealed and delivered in the presence of David Miles. State of New York Schoharie County ss. I certify that on the 31st day of December 1841, personally appeared before me Peter Van Alstine who executed the within mortgages and he did acknowledge that he executed the within Mortgage for the uses and purposes therein mentioned. Let it be recorded, David Miles, Justice of the Peace of said county. State of New York Schoharie County Clerk's office ss. I Thomas McArthur, Clerk of the court of common Pleas in and for the County of Schoharie, Do certify that David Miles, Esq. whose name is subscribed to the certificate of the acknowledgement or proof of the annexed instrument and endorsed thereon, was on the day of the date of the said certificate, a Justice of the Peace in and for the said County and duly authorized by law to the same. And further, that I am well acquainted with his handwriting, and verily believe that the signature of the said Justice subscribed to the said certificate is his proper handwriting. In Testimony whereof, I have hereunto set my hand and affixed the seal of the said court, this 31st day of December, 1841. Thos. McArthur, Clerk. Know all men by these presents, that I Jeremiah Enders the mortgagee within named for and in consideration of the sum of Five hundred dollars, to me in hand paid by John J. Enders of the town and County of Schoharie, the receipt whereof is hereby confessed have assigned, transferred and set over and do by these presents assign, transfer and set over unto the said John J. Enders, his heirs, executors, administrators and assigns, this mortgage and mortgaged premises, within mentioned together with all my right title and interest therein to have and to hold unto the said John J. Enders, his heirs, executors, administrators and assigns forever. In witness whereof I have hereunto set my hand and seal this seventh day of January in the year of our Lord one thousand eight hundred and forty two, Jeremiah Enders. L.S. Witness Wm. Mann. State of New York Schoharie County ss. I certify that on the 7th day of January 1842, personally appeared before me Jeremiah Enders who executed the above assignment, to me well known to well to the identical person who executed the same and acknowledged that he had executed the same for the purposes there mentioned. Let the same be recorded, David Miles, Justice of the peace of said County. State of New York, Schoharie County Clerks office ss. I, Thomas McArthur, Clerk of the Court of Common Pleas, in and for the County of Schoharie, Do certify that David Miles Esq. whose name is subscribed to the certificate of acknowledgement as proof of the annexed instrument and endorsed thereon, was on the day of the date of the said certificate, a Justice of the Peace in and for the said County and duly authorized by law to take the same and further, that I am well acquainted with his hand writing and verily believe that the signature of the said Justice subscribed to the said certificate is his proper handwriting. In Testimony whereof, I have hereunto set my hand and affixed the seal of the said Court, this seventh day of January 1842. Thos. Mc Arthur, Clerk. The foregoing Mortgage assignment Recorded Jan. 7 1842, at 9 a.m. John C. Moore, Clerk. **In the margins of the document it is written: Assignment and satisfaction recorded 16 Feb. 1854 (looks like) in Book No. 20 (looks like) p. 418 Additional Comments: This is a mortgage document between Peter Van Alstine and Jeremiah Enders. The mortgage was assigned to John Enders, by Jeremiah Enders on January 7, 1842.