Mortgage with Power of Sale

Realty

Know all men by these presents that we H. Harvey and Susan P. Harvey his wife, for and in consideration of the sum of $192.29/100 in hand paid, and the promises herein after set forth, do hereby grant, bargain and sell unto S. S. Kirk, and unto his heirs and assigns forever the following property.

A certain piece of land commencing at the S. W. corner of N.E. Fractional Qtr. of Section 11, Township 10 S. Range 33 West and running North 75 yards, thence North of East to a point 225 yards North of the South East Corner, thence down the line to the South East Corner, of the above described fractional Forty acres of land, containing ten acres more or less with all improvements thereunto belonging.

We hereby convenant with the said S. S. Kirk that we will forever warrant and defend the title to said property against all lawful claims. And I Susan P. Harvey for the consideration aforesaid, do hereby release unto the said S. S. Kirk all my right of dower and of homestead in and to the said lands.

The sale is in condition that whereas we are justly indebted unto said S. S. Kirk in the sum of One Hundred and Ninety Dollars and Twenty Nine Cents Dollars, evidenced by our promissary note of even date with interest at the rate of ten percent per annum from January 1st 1897 until paid said amount due and payable Nov. 1st, 1897.

Now if we shall pay said moneys at the time and in the manner aforesaid, then the above conveyance shall be null and void. And in case of nonpayment, then the said grantors or assigns shall have power to sell said property at public sale, to the highest bidder for cash, at in the town of Cerrogordo County of Little River and State of Arkansas, public notice of the time and place of said sale having first been given 10 days, by advertising in some Newspaper published in said county by at least two insertime, or by notice posted in ten public places in the County at which sale the said grantor or assigns may bid and purchase as any third person might do we hereby authorize the said grantee or assigns to convey said property to anyone purchase at said sale, and to convey an absolute title thereunto and the recitals of his deed of conveyance shall be taken as prima facie true. And the proceeds of said sale shall for be applied, first, to the payment of all costs and expenses attending said sale; second to the payment of said debt and interest and the remainder, if any, shall be paid to said grantor.

Witness our hands and seals on this 26th day of May, 1897.

H. Harvey (seal)

S. P. Harvey (seal)


State of Arkansas

County of Little River

Be it remembered that in this day came before me the undersigned, a Justice of the Peace within and for the County aforesaid, duly commissioned and acting H. Harvey and Mrs. S. P. Harvey to me well known as the grantors in the foregoing Deed, and stated that they have executed the same for the consideration and …..