Dated this....seventh....day of....August....A. D....1914.... HENRY HART.... NOTE. Add acknowledgment before authorized official. 71. Release Deed. See No. 17. KNOW ALL MEN BY THESE PRESENTS, That....State Bank of Marion....of the County of....Marion....and State of....Iowa....for and in consideration of ....Two ($2.00)....Dollars, and for other good and valuable considerations, the receipt whereof is hereby confessed, ....does.... hereby remise, convey, release and quitclaim unto....Frank Ward....and ...Alice Ward...of the County of...Marion...and State of...Iowa... all the right, title, interest, claim or demand, whatsoever....it....may have acquired in, through or by a certain....Trust....Deed, bearing date the ....fourth....day of....August....A. D....1914....and recorded in the Recorder's Office of....Marion....County, in the State of....Iowa...., as Document No....3261....in Book....3....of..... .Mortgages...., page ....231...., to the premises therein described, as follows, TO WIT: Lot ....Six (6)...., Block....Three (3)....of....Eldridge's Subdivision.... to the....City....of....Marion...., situated in the....City....of....Marion....County of....Marion....and State of....Iowa...., together with all the appurtenances and privileges thereunto belonging or appertaining. WITNESS the....hand and seal of the corporation...., by....its President...., this....fourth....day of....August....A. D....1914.... [CORPORATE SEAL] STATE BANK OF MARION. On this....fourth....day of....August....A. D....1914. ...before me personally appeared....Albert Wolf...., to me known to be the....President....of the....State Bank of Marion...., the corporation which has executed the above instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that....he....was duly authorized by the ....Board of Directors....of said corporation to execute said instrument for and in the name of the corporation, and that the seal thereto affixed is the seal of said corporation. Given under my hand and....official....seal, the day and year first above written. [OFFICIAL SEAL] JOHN WILLIAMS........ NOTE. Acknowledgment may be made before any authorized official. See No. 38. For acknowledgment where release is by an individual, see No. 69. 72. Trust Deed. THIS INDENTURE WITNESSETH, That the....grantors, Frank Ward and Alice Ward, his wife..., of...Marion, Marion... County, ...Illinois..., for and in consideration of the sum of....Two Thousand ($2,000.00).... Dollars, in hand paid,....convey....and....warrant....to....State Bank of Marion, Trustee....of....Marion....County....Illinois...., and to ..its. ...successors in trust hereinafter named, the following described real estate, with the improvements thereon, including all heating, gas and plumbing apparatus and fixtures, and everything appurtenant thereto, situated in the County of....Marion........, in the State of....Illinois. ..., TO WIT: Lot....Six (6)....of....Eldridge's Subdivision....to the ....City....of.... .Marion...., hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of ....Illinois.... IN TRUST nevertheless, for the purpose of securing performance of the covenants and agreements herein. WHEREAS, The....grantor, Frank Ward, is....justly indebted upon ....his four (4)....principal promissory....notes....bearing even date herewith, payable to the order of....State Bank of Marion...., falling due ....one (1), two (2), three (3), four (4) years....after date, with interest at the rate of....six....per cent per annum until maturity, as more fully evidenced by....ten (10)....coupon interest....notes....falling due ....six (6), twelve (12), eighteen (18), twenty-four (24), thirty (30), thirty-six (36), forty-two (42) and forty-eight (48) months....after date. THE....grantors covenant and agree.. ....as follows: (1) to pay said indebtedness, and the interest thereon, as herein and in said....notes....provided, or according to any agreement extending time of payment; (2) to pay, prior to the....first day of July....in each year, all taxes and assessments against said premises, and, on demand, to exhibit receipts therefor; (3) within....sixty....days after destruction or damages to rebuild or restore all buildings or improvements on said premises that may have been destroyed or damaged; (4) that waste to said premises shall not be committed or suffered; (5) that said premises shall not become liable for any mechanics' lien, or for any lien conflicting with, or superior to, the lien hereof; and (6) to keep all buildings at any time on said premises insured against loss by fire, lightning and tornadoes, in companies to be approved by the holder of, and in amount at least equal to, said indebtedness, and deliver to the holder of said indebtedness the insurance policies for that amount, and in addition all policies for insurance in excess of said indebtedness, all so written as to require all loss to be applied in reduction of said indebtedness. In the event of failure so to insure, or pay taxes or assessments, or to remove any such mechanics' or conflicting or superior lien, the....grantee...., or the....holder....of said indebtedness, may procure such insurance, or pay such taxes or assessments or remove any such mechanics', or conflicting or superior lien, or discharge or purchase any tax lien or title affecting said premises; and all money expended in so doing, or otherwise expended in maintaining the priority of the lien hereof, the ....grantors agree....to repay immediately, without demand, and the same, with interest thereon from the date of payment, at....seven.... ...per cent per annum, shall be so much additional indebtedness secured hereby. The ...grantee is....empowered to adjust, compromise, submit to arbitration and appraisement and collect, and apply to the reduction of said indebtedness, any claim for loss arising under any insurance policy covering said premises; and to that end the....grantee is....irrevocably appointed the ....attorney in fact....of the....grantors....for.... them....and in ....their names....and stead to execute and deliver such receipts, releases and other writings as shall be requisite to completely accomplish such adjustment, compromise, arbitration, appraisement and collection. IN THE EVENT of a breach of any of the aforesaid covenants or agreements the whole of said indebtedness, including principal and all earned interest, shall, at the option of the legal....holder......thereof, without notice, become immediately due and payable, and with interest thereon from the time of such breach, at....seven.... .per cent per annum, shall be recoverable by foreclosure hereof, or by suit at law, or both, the same as if all of said indebtedness had then been matured by express terms. IT IS AGREED by the....grantors....that all expenses and disbursements, paid or incurred in behalf of....complainant....in connection with proceedings for the foreclosure hereof-including reasonable solicitor's fees, outlays for documentary evidence, stenographer's charges, cost of procuring or completing abstract showing the whole title to said premises-shall be paid by the....grantors....; and the like expenses and disbursements, occasioned by any suit or proceeding wherein the....grantee... or any ....holder....of any part of said indebtedness, as such, may be....a party...., shall also be paid by the....grantors.... All such expenses and disbursements shall be an additional lien upon said premises, and included in any decree that may be rendered in such foreclosure proceedings; which proceeding shall not be dismissed, nor a release hereof given, until all such expenses and disbursements have been paid. The....grantors waive....all right to the possession of, and income from, said premises pending such foreclosure proceedings, and until the period of redemption from any sale thereunder expires, and....agree....that a Receiver shall be appointed to take possession or charge of said premises, and collect such income, and the same, less receivership expenses, pay to the person entitled to a deed under the certificate of sale, or in reduction of the redemptionmoney if said premises be redeemed. IN THE EVENT of the inability of the....grantee....to act, or of ....its....refusal or failure to act, then....James Warren....of said ....Marion.... County, is hereby appointed to be first successor in this trust, and invested with all the powers granted to said....grantee...., and if for any like cause said first successor fail or refuse to act, the person who shall then be the acting Recorder of Deeds of said....Marion.... County is hereby appointed to be second successor in this trust with like powers. And when all the aforesaid covenants and agreements are performed, the....grantee...., or....its....successor in trust, shall release said premises to the party entitled, on receiving....its.... reasonable charges. WITNESS the....hands and seals of the grantors....this....fourth.... day of..... ..August. .A. D....1914.... FRANK WARD. [SEAL] .... . [SEAL] .[SEAL] NOTE. For acknowledgment, see No. 69. 73. Warranty Deed. THIS INDENTURE, Made this....fifth....day of....April....A. D. ....1914....between....Albert Simpson....of the....City....of....Cedar Rapids....in the County of....Marion....and State of....Iowa, party.... of the first part, and....James Warren........of the....City....of....Rockford....in the County of....Winnebago....and State of.. .Illinois, party....of the second part: .. WITNESSETH, That the said....party....of the first part, for and in consideration of the sum of....Six Thousand ($6,000.00).... Dollars in hand paid by the said....party....of the second part, the receipt whereof is hereby acknowledged, and the said....party....of the second part forever released and discharged therefrom, ....has....granted, bargained, sold, remised, released, conveyed, aliened and confirmed, and by these presents ....does....grant, bargain, sell, remise, release, convey, alien and confirm, unto the said....party....of the second part, and to....his....heirs and assigns FOREVER, all the following described lot, piece, or parcel of land, situated in the County of....Marion....and State of....Iowa.... and known and described as follows, TO WIT: Lot....Four (4)........, Block....Six (6), James' Addition....to the....City....of....Cedar Rapids.... TOGETHER WITH ALL AND SINGULAR the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim or demand whatsoever, of the said....party....of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said....party....of the second part, . . . .his....heirs and assigns, FOREVER. 1AND the said....Albert Simpson, party.... of the first part, for....his.... heirs, executors and administrators, ....does....covenant, grant, bargain and agree, to and with the said....party....of the second part,....his.... heirs and assigns, that at the time of the ensealing and delivery of these presents, .he was....well seized of the premises above conveyed, as of 1 Where conveyance is being made subject to a mortgage, substitute for paragraph above provisions in footnote on page 637. a good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and....has....good right, full power, and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances, of what kind or nature soever: and the above bargained premises, in the quiet and peaceable possession of the said....party....of the second part, ...his.... heirs and assigns, against all and every other person or persons lawfully claiming or to claim the whole or any part thereof; the said....party.... of the first part shall and will WARRANT AND FOREVER Defend. AND the said....party....of the first part hereby expressly....waives.... and...releases...any and all right, benefit, privilege, advantage and exemption, under or by virtue of any and all Statutes of the State of....Iowa.... providing for the Exemption of Homesteads from sale on execution or otherwise. IN WITNESS WHEREOF, the said....party....of the first part ....has....hereunto set....his hand and seal...., the day and year first above written. ALBERT SIMPSON.... [SEAL] . [SEAL] [SEAL] . [SEAL] Signed, Sealed and Delivered in the Presence of ...HARRY WARREN.... ..FRED SMITH....... NOTE. For acknowledgment, see No. 69. This deed is subject, however, to a first mortgage for the principal sum of....Three Thousand ($3,000.00). .Dollars with interest at the rate of ....six (6%)....per cent per annum, given to one....James Hardy...., said mortgage falling due the....tenth....day of....May....A. D. ....1916.... And as part consideration for this deed, said....grantee.... hereby....covenants and agrees....for....himself, his....heirs, executors, administrators, or assigns, to pay the principal and any interest due since the....tenth....day of....May....A. D.....1913....and henceforth to become due procured by said mortgage, and that....he....will at all times hereafter warrant and defend the....grantor, his....estate and effects free and harmless from any claim or claims in connection therewith. But the above bargained premises free and clear from all former or other grants except said mortgage to....James Hardy....immediately above mentioned, and free from all other liens, taxes, assessments and encumbrances of any kind or nature whatsoever, in the quiet and peaceful possession of said ...party....of the second part, ....his.... heirs and assigns, against all and every other person or persons lawfully claiming or to claim the whole or any part thereof; the said....party....of the first part shall and will WARRANT AND FOREVER DEFEND. |