Mortgage / Bailey to Ellis / 1893

BAILEY, ELLIS, WALKER

Posted By: Mary Boyd (email)
Date: 4/27/2003 at 11:58:02

MORTGAGE
Geo. L. Bailey to J.W. Ellis 1893

Know all Men by these Presents

That We George L. Bailey and Laura A. Bailey Husband and Wife of Dallas County, State of Iowa in consideration of the sum of Sixteen Hundred Dollars in hand paid by J.W. Ellis of Dallas County and State of Iowa do hereby sell, grant, bargain and convey unto the said J.W. Ellis the following described premises, situated in Dallas County, Iowa, to-wit The South East quarter of Section Sixteen (16) Township Eighty (80) Range Twenty Eight (28) West 5th P.M. Dallas County Iowa Containing One Hundred and Sixty acres according to U.S. Survey. Their notes and mortgage is given to secure balance of purchase money on above described land.

To Have and to Hold the Same Forever, Together with all and singular the appurtenances thereunto belonging. And we do hereby covenant with the said J.W. Ellis that we are lawfully seized of said premises; that they are free from incumbrance; that we have good right and lawful authority to sell and convey the same; and that the title thereto against all lawful claims to will forever Warrant and Defend; and the said Laura E. Bailey hereby relinquishes all her right to Dower, and all her right under the Homestead Laws of the State of Iowa, in and to the above described premises.

Provided Always, And these presents are upon this express condition, that if the said George L. Bailey his heirs, executors or administrators shall pay or cause to be paid to the said J.W. Ellis or his executors, administrators or assigns, the sum of Sixteen Hundred Dollars in accordance with the terms of Four notes dated March 1st 1893 and executed by George L. Bailey to J.W. Ellis together with accrued interest thereon at the rate specified in said note, then this obligation shall be void; otherwise in full force and effect. It is expressly agreed that the payment of interest at times and rate as specified in said note or of coupons attached thereto; and the payment of all taxes and assessments of every nature that may be assessed on said premises previous to the day appointed, in pursuance of any law in the State of Iowa, for the sale of land for taxes; and the insurance of the buildings on said described premises for the benefit of mortgagee.. in some reliable fire insurance company having authority to do business in the State of Iowa, to the amount of …… Dollars shall be deemed imperative obligations; and failure on the part of the mortgagor.. to perform them, or either of them or the committal of any act of waste to the said premises or its appurtenances on the part of mortgagor.. shall have the effect of making all moneys, principal and interest, at once due and payable, and the right of immediate foreclosure shall be deemed vested in mortgagee... In case mortgagee.. shall pay taxes on said premises, or shall procure insurance to the amount above specified, either of which it is agreed he may do in the event of mortgagor's neglect or refusal so to do, the money so paid, together with interest thereon at the rate of ten per centum, shall, with principal and interest, and an Attorney fee of A Reasonable Dollars, be taxed and included in the decree of foreclosure of this mortgage, and the mortgage shall be security therefor, and the same shall be included in the special execution, and be made with the other money and costs on the Sheriff's sale of premises herein described. And in case of any deficiency after sale of said premises, judgment therefor shall include all money advanced for taxes or insurance, or both, and be personally against the original mortgagor.., or as to said money for taxes and insurance so advanced, together with interest thereon as above specified, against the holder of fee title to said premises at time money therefor was advanced, at option of mortgagee...

All conditions and agreements herein contained to be applicable to the legal representatives of parties hereto.

In Witness Whereof, The mortgagor has set his hand and seal this 1st day of March, A.D. 1893.

George L. Bailey
Laura E. Bailey

State of Iowa }SS
Dallas County }

Be it remembered, That on the 3rd day of March 1893 before the undersigned A. Pearson a Notary Public in and for said County, personally came George L. Bailey and Laura E. Bailey his wife to me known to be the identical person whose names are affixed to the foregoing instrument, acknowledged the same to be their voluntary act and deed.
Witness my hand and notarial seal the day and year last above written.
A. Pearson
Notary Public

Filed for Record this 24th day of May A.D. 1893 at 5 1/2 o'clock P.M. and recorded in Book 116 of Mortgages, Dallas County, Iowa on Page 193.
J.W. Henderson, Recorder.

SATISFACTION PIECE
Chas E. Walker to George Bailey

State of Iowa }SS.
Dallas County }

I, Charles E. Walker of the County of Dallas and State of Iowa do hereby acknowledge that a certain indenture of mortgage bearing the date the First day of March A.D. 1893 made and executed by George L. Bailey and Laura E. Bailey his wife, to J.W. Ellis and by him assigned to me on the following described Real Estate situated in the County of Dallas and State of Iowa, The South East quarter of Section Sixteen Township Eighty Range Twenty Eight West of the 5th P.M. and recorded in the office of the Recorder of the county of Dallas State of Iowa in Book 116 of Mortgages page 193 on the 24th of May A.D. 1893 at 5 1/2 o'clock P.M. is redeemed, paid off, satisfied, and discharged in full.

(signed) Chas E. Walker

State of Iowa }SS.
Dallas County }

On the 13th day of January A.D. 1897, before me John Law a Notary Public within and for said County, personally came the above named Chas E. Walker personally to me known to be the identical person …… whose name is affixed to the above instrument as grantor …… and severally acknowledged the execution of the same to be his voluntary act and deed for the purposes therein expressed.

In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal at Perry on the date last above written.

John Law, Notary Public

Filed for record the 25th day of January A.D. 1897 at 10:10 o'clock A.M. and recorded in Book 134 on page 508 of ……. County Records.

(signed) W.J. Cole, Recorder
(signed) by A.C. Cole, Deputy