Mortgage with Power of Sale - Satisfied in full Dec 3, 1908.  S. S. Kirk by Lon T. Jones Atty. in Fact.  See Vol 38, Page 24.

To S. S. Kirk

Know all men by these presents:
That we W. J. Franklin and Ella Franklin his wife of Little River County in the State of Arkansas for and in consideration of the sum of One Hundred and Fifteen Dollars, to us in hand paid by S. S. Kirk of DeQueen, Sevier County in the State of Arkansas the receipt whereof is hereby acknowledged, have granted, bargained and sold and do hereby grant, bargain, sell and convey unto the said S. S. Kirk and unto his heirs and assigns the following described Real Estate, situated in Little River County, State of Arkansas, and in to-wit The North West Fourth of North West Quarter of Section Seven (7) Township Ten (10) Range Thirty Two (32) containing Forty Three and 77/100 acres.  Also the following personal property, Seven Head of cattle described to-wit, one cow bought of Henrietta Wright and her calf, Two cows and three calves and one two year old Steer marked in our own mark to-wit crop off the right and crop and two splits in left ear same _____ all the cattle I own.

To Have and to hold the same unto the said S. S. Kirk and unto his heirs and assigns forever, with all the privileges and appurtenances thereto belonging and we the said W.F. Franklin and Ella Franklin for ourselves and our heirs, executors, administrators and assigns, covenant with the said S. S. Kirk his heirs and assigns that we lawfully seized in fee of the aforegranted premises; that they are free from callthat we have good right and convey the same to the said S. S. Kirk as aforesaid; and that we will and our heirs, executors and administrators shall forever warrant and defend the title to the said Real Estate, against all lawful claims and warrants whatever.

And I the said Ella Franklin wife of the said W. F. Franklin for an in consideration of said sum of money do hereby release and quit claim transfer, and relinquish unto the said S. S. Kirk his heirs and assigns, all my right, claim or possibility of dower and homestead in or to said lands.

The foregoing conveyance is on condition:  That whereas, the said W. F. Franklin is justly indebted to the said S. S. Kirk in the sum of One Hundred and Fifteen Dollars for borrowed money evidenced by promissory note baring even date herewith due January 1st, 1903 bearing interest at the rate of ten percent per annum from date until paid.  Now if the said W. F. Franklin shall pay or cause the said note to be paid with interest according to the ____ and effect thereof, then this instrument to be null and void:  Otherwise to be and remain in full force and effect.

And it is further stipulated that during the continuance of this instrument and in force, the said W. F. Franklin shall at all times keep the state, county and city taxes and assessments for local improvements or other purposes fully paid, as required by law.

And it is further stipulated that in case the said W. F. Franklin shall-make default in payment of taxes or assessments for local improvements or other purposes then the said S. S. Kirk or his legal representation may pay such taxes and assessments, and the amount to expended therefore with interest at ten percent per annum from date of such expenditure until repaid, shall be considered a sum the repayment of which is intended to be hereby secured and if default be made in the payment of said note at maturity, or any interest payment when due or the taxes or assessments aforesaid, or any part of either, or if waist be committed on or improvements are removed from the land without written consent of the grantee or his assigns then in any or either event, upon the breach of these conditions or any of them, the whole of the sum intended to be hereby decree a shall at the option of the granter herein, or the legal holder of said indebtedness, becomes immediately due and payable and the said grantee, or the legal holder thereof, or his assigns, agent , or attorney shall have power to sell said property or any part thereof to the highest bidder, for each, at Cerrogordo in the county of Little River, State of Arkansas, public notice of the time and place and terms of sale having first been given ten days by advertising in same newspaper published in said County of Little River or by printed or written hand bill posted up in ten public places in said Little River County at which sale the said grantee or assigns may bid and purchase as any third person might do and we hereby authorize the said grantee or assignee to convey said property to any one purchasing as said sale, and the recitals of his deed of conveyance shall be taken as prima facie true and the proceeds of said sale shall 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.

All right of redemption provided for by the law of the State of Arkansas are hereby waived by the mortgagor herein.

Witness our hands on this 25th day of Oct. A.D. 1902.

Attest Chas. L. Locket

Seal W. F. Franklin "X" his mark  Seal

Seal Ella Franklin "X" her mark Seal

 

State of Arkansas
County of Little River

On this 28th day of October 1902 before me a Notary Public within and for said County and State, duly commissioned and acting personally appeared W. F. Franklin to me well known as the person whose name appear to an upon the within and foregoing instrument as the part grantor and stated that he had executed the same for the consideration and purposes therein contained and set forth, and on the same day also momentarily appeared before the said Ella Franklin wife of the said W. F. Franklin to me well known and in the absence of her said husband declared that she had of her own free will executed said mortgage and signed and sealed her relinquishment of dower and homestead in the foregoing Deed for the consideration uses and purposes therein contained and set forth, with out compulsion or undue influence of her said husband.

In testimony whereof, I hereunto set my hand and seal as such Notary Public in the county of Little River State of Arkansas, the day and date last aforesaid

Walker L. Ray
Commission Expires Nov 22, 1903