Fremont County, Iowa

First Deed Made and Recorded

Antoine Lebring & Elin Lebring  to Jacob McKissick

This indenture, made and entered into this 28th day of October in the year of our Lord, one thousand eight hundred and forty-nine, by and between Antoine Lebring and Elin Lebring, his wife, of the county of Fremont and state of Iowa, of the first part, and Jacob McKissick, of the county and state aforesaid, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one dollar, to them in hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained, and sold, and by these presents do give, grant, bargain, sell, alien, convey, and confirm unto the said party of the second part and to his heirs and assigns forever; a certain tract, piece, or parcel of land lying and being in the county of Fremont, in the state of Iowa, and known and designated as follows, to-wit:

Northwest quarter of section 32, township 87 and of range 41; to have and to hold the said tract, piece or parcel of land, with all the appurtenances thereunto belonging, or in anywise (sic) appertaining to the same to the only proper use, benefit, and behoof of the said party of the second part, and to his heirs and assigns forever; and the said party of the first part for themselves, their heirs, executors, and administrators covenant and agree to and with the said party of the second part and his heirs and assigns, the said tract, piece, or parcel of land and bargained and sold premises and every part and parcel thereof,' the said party of the second part and to his heirs and assigns against all manner of claims will warrant and forever defend the same -- subject, however; to the following conditions and limitation -- in trust to secure the payment of one promissory note executed by the said Antoine Lebring to Daniel McKissick for the sum of one thousand dollars, bearing date October 25, A- D. 1849, which note is in the following words and figures, to-wit:
Twelve months after date, for value received, I promise to pay to Daniel McKissick, or his order, the sum of one thousand dollars, with interest at five per cent per annum from date until paid. /

Oct.25, 1849. Antoine Lebring.

Now, if the said Autoine Lebring shall well and truly pay the said note to the said Daniel McKissick or his order, with all the interest due within twelve months from the date of the same, or cause it to he done, then this obligation to be void and of no effect, otherwise the said Jacob McKissick, trustee as aforesaid, is to expose the same to public sale on the premises to the highest, last, and best bidder for cash in hand, giving first twenty days' public notice of the time of sale by putting up four written or printed advertisements in four of the most public places n the county, and has given to the purchaser or purchasers good and sufficient deed or deeds and is to apply the proceeds of the sale -- first, to the expenses of this deed of trust; second, to the payment of the said note and interest and if there should be any of the proceeds of the sale in his hands alter so doing to pay over the same to the said Antoine Lebring or his executors and administrators, by these presents. In witness whereof the said party of the first part have hereunto set their hands and seals the day and year above written.

Antoine Lebring,    [seal]    Her 

Eliza Jane >< Lebring,    [seal]    mark

The foregoing instrument, which would now be considered too verbose and cumbersome by our lawyers and loan agents, was acknowledged before James Cummings, justice of the peace, and entered of record by A. H. Argyle, recorder.

Source: Des Moines, Iowa Historical Society, 1881; History of Fremont County

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Page updated on September 16, 2017 by Karyn Techau