HomeMy WebLinkAbout1908.01. STATE OF PENNSYLVANIA,
Cumberland SS.
COUNTY,
On the l at day of April , in, the year one thousand nine
hundred and eight, before me, the subscriber, .a....,j the
•
.pesac.e....in.....and....f..or sai.d...county and....s.t.a.te
came the above -named Julia L. Stuart,
and acknowledged the above Indenture to be her
act and deed, and desired the same might be recorded as such.
Witness my hand and official seal.
_11 M . 6 - __i_e.e.k. e
Commission Expires
May 6th, 1912
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No. 44.— Mortgage —Sci. Fa. Ins., &c.
Geo. T. Bisel Co., 724 Sansom Street, Phil.
e 4 . — .4DE THE 1st day of April,
in the year of our Lord one thousand nine hundred and eight (1908).
31,4tbxortrc Julia L. Stuart (widow), of the Borough of Mount IIo11y
(Springs, County of Cumberland, and State of Pennsylvania, party
of the first part, and G. Wilson Swartz, of the Borough of Carlisle,
said county and state, party of the second part.
WHEREAS, the said •
Mortgagor , in and by her certain Obligation or Writing
Obligatory, under her had and seal , duly executed, bearing even date herewith
stand bound unto the said Mortgagee in the sum of t en thousand doll ,....
lawful money of the United States of
.flmerica; conditioned that the said Mortgagor , her heirs, executors or admin-
istrators, shall and do well and truly pay, or cause to be paid, unto the said Mort-
gagee , hl.s certain attorneys, executors, administrators or assigns, the sum of
five thousand dollars as evidenced by the following bonds and in
the following respective amounts ' payable April 1, 1909, together with
interest thereon at the rate of ive per ent per annum:
Bond No. 1,iri the sun of one thousand dollars.
Bond No. 2, in the sum of one thousand dollars.
Bond No. 3, in the sum of one thousand dollars.
Bond No. 4, in the sum of one thousand dollars.
Bond No. 5, in the sure of one thousand dollars.
AND ALSO, from time to time, and at all times, until payment of said principal
sum be made as aforesaid, keep the buildings, erected and to be erected upon the
land herein described, insured for the benefit of the Mortgagee , in some ,good and
reliable Stock Insurance Company or Companies to the amount of at least... rive
thous.and....doll..ar.s and take no insurance out on,
said buildings, not marked for the benefit of the Mortgagee ; AND the further con-
dition of the said Obligation is such, that if at any time default shall be made in the
payment of....p.rincip.al or
interest as aforesaid,Mxtgrexgptreadi ZITtiyrexafter any
payment thereof shall fall due, or if a breach of any other of the foregoing conditions
be made by the said Mortgagor , her heirs, executors, administrators or assigns,
then and in such case, the said principal sum, shall at the option of the said
Mortgagee ,_ his. .... executors, administrators or assigns, become due; and payment
of the same, with the interest and costs of insurance due thereon, as aforesaid,
together with an attorney's commission of...five....per cent. on the said principal sum,
besides costs of suit, may be enforced and recovered at once, anything therein
contained to the contrary thereof in anywise notwithstanding, as in and by the said
recited Obligation and the condition thereof (relation being thereunto had) may
more fully and at large appear. NOW THIS INDENTURE WITNESSETH
that the said Mortgagor , as well for and in consideration of the said debt or sum
of...f.ive thousand. ...s . Dollars, and
for the better securing' the payment of the same with interest, as aforesaid, unto the
said Mortgagee , his executors, administrators or assigns
in the discharge of the said recited Obligation, , as for and in consideration of the
further sum of one dollar, lawful money, aforesaid, unto the said Jlfortgasor in,
N hand well and truly paid by said Mortgagee , at or before sealing and delivery
hereof, the receipt whereof is hereby acknowledged, have granted, bargained and
sold, released, and confirmed, and by these presents, do grant, bargain and
sell, release and confirm unto the said Mortgagee , hi s heirs and assigns
all that certain tract of farm land situate in South Middleton
Township, Cumberland ^ , Penna., bounded and described as
foe lows :
Beginning :g at a post in the Pine Road, thence by School
;lot north fifty -three and one -half degrees blast, eighty -five and
seven- tenths perches to a point in said Pine 1.1oad; thence by lands
•of Geo. Smith and Charles Harman, north fi fty -four and ore -half
degrees east, forty -six and four- tenths perches to an iron pin;
thence by land of Louis Ladner south thirty and three- fourths
degrees east, ninety -four perches to a stone; thence by lands of
Charles Harman, south •fifty -four degrees west, thirty -two and seven -
tenths perches to a Pine stump; thence by sare south fifty -one and
one - fourth degrees west, fifty and eight- tenths perches to an iron
it
post; thence by land of the Philadelphia, Harrisburg and Pittsburg
Railroad Company, north eighty-one and three - fourths degrees west,
sixtzr -nine and five- tenths perches to an iron post; thence by land
of Mrs. Mary Rice north twenty-four and one-half degrees wost,
forty- seven and five - tenths perches. to a post in the said pine road,
the place of begin: - :inc:. Containing seventy -two acres and fifty-
perches.
It being the same tract of land t Alfred :!. Wolf and
Bennie E., his "rife, by their deed bearing date the 1 day of
:larch, 1008, and duly recorded in the office of the Recorder of Peed
in and for said county and state, conveyed to Julia L. Stuart,
:Mortgagor above - named, as by reference thereto will fully appear.
4lQ$ ether with all and singular the
improvements, ways, waters, watercourses,
rights, liberties, privileges, hereditaments and appurtenances whatsoever unto the
hereby granted premises belonging, or in anywise appertaining, and the reversions
and remainders, rents, issues and profits thereof:
TO HAVE AND TO HOLD the said
hereditaments and premises granted, or mentioned and intended so to be, with the
appurtenances,
unto the said .Mortgagee , his heirs and assigns, to and for the only proper use
and behoof of the said Mortgagee , his heirs, and assigns, forever:
AND the said Mortgagor , for herself and her heirs and assigns do
hereby covenant, promise and agree to and with the said Mortgagee . his heirs,
executors, administrators and assigns, that if the said .Mortgagor , her heirs or
assigns, shall neglect or refuse to keep up the aforesaid insurance, it shall be lawful
for the said .Mortgagee ,... heirs, executors, administrators or assigns, to insure
the said building ...s in a sum sufficient to
secure payment of the said principal debt, in case of fire, and shall recover the costs
and expenses of such insurance in a suit upon this Mortgage.
PROVIDED always, nevertheless, that if the said Mortgagor , her heirs,
executors, administrators or assigns, do and shall well and truly pay, or cause to
be paid, unto the said Mortgagee . h.is executors, administrators or assigns, the
said principal sum of .. five thousand • Dollars,
lawful money, aforesaid, on the day and time hereinbefore mentioned and appointed
for payment of the same, together with interest and costs and charges of insurance,
as aforesaid, and without any deduction, defalcation or abatement to be made of
anything for or in respect of any taxes, charges or assessments whatsoever, then and
from thenceforth, as well this present Indenture and the estate hereby granted, as
the said above recited Obligation , shall cease, determine and become void, any -
thing hereinbefore contained to the contrary thereof in anywise notwithstanding'.
AND PROVIDED, also, that it shall and may be lawful for the said Mortgagee ,
hi.s..._executors, administrators or assigns, when and as soon as the said principal
sum shall, in any event, become due and payable, as aforesaid, to sue out forthwith
a writ or writs of Scire Facias upon this Indenture of Mortgage, and proceed thereon
to judgment and execution for the recovery of said principal sum and all interest
due thereon, and the costs and expenses of insurance, as aforesaid, together with an
attorney's commission of five per cent. on said principal sum, besides costs of
h suit, without stay ()for exemption from execution or other process, with a full release
of errors; any law or usage to the contrary thereof in anywise notwithstanding.
in Witntos lifilerettf, the said party of the first part ha s to these
presents set her hand and seal , the day and year first above written.
Signed, sealed and delivered in the
presence o us :
-1 +. SEAL
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n.S---EAL