Mortgage - with Power of Sale
Known all men by these presents, that we, James Samuel and Mattie Samuel his wife, of the County of Little River, State of Arkansas for and in consideration of the sum of One Hundred Dollars to us in hand paid by S.S. Kirk of Little River Co. 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 Co. State of Arkansas and in ________ to-wit: N.W. 1/4 N.W. 1/4 Sec. 19 Township 10 Range 32 West containing 41 18/100 acres with all the privileges apportances and improvements whereupon situated. 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 apportances thereto belonging.
And we the said James Samuels and Mattie Samuels for ourselves and our heirs, executors, administrators and assigns, covenant with the said S. S. Kirk his heirs and assigns, that we are lawfully signed in fee of the aforegranted premises, that they are free from all incumbrances, that we have good right to sell and convey the same to said S.S. Kirk as aforesaid; and that we will and our heirs, executors and administrators shall forever warrant and defend the title to said Real Estate against all lawful claims and demands whatever.
And the said Mattie Samuels wife of the said James Samuels for and in consideration of the said sum of money do hereby join in this conveyance and for the consideration aforesaid; do hereby release and quit claim, transfer and relinquish unto the said S. S. Kirk and unto his heirs and assigns, all my right claim or possibility of dower or homestead in or to said lands.
The foregoing conveyance is on condition: That whereas the said James Samuels and Mattie Samuels is justly indebted to the said S. S. Kirk in the sum of One Hundred Dollars for as evidenced by one promissary note of even date with 10% interest from date until paid.
Now if the said James Samuels and Mattie Samuels shall pay or cause the said note to be paid, with interest, according to the terms and effect thereof, and all other indebtness of the mortgage to the mortagee then this instrument to be null and void: otherwise to be and remain in full force and effect.
And it is hereby further stipulated, that during the continuance of this instrument in force, the said James Samuels and Mattie Samuels shall at all times the State County and All other taxes fully paid as relinquished by law. And it is further stipulated that in case the said James Samuel and Mattie Samuel shall make default in payment of taxes, then the said S. S. Kirk or his legal representative may pay such taxes, and the amount so expended therefor with interest at the percent per annum from date of such expenditure until repaid, shall be considered a sum the payment of which is intended to be hereby secured.
And if default be made in the payment of said notes or either of them, at maturity, or any interest payment when due, or the taxes aforesaid, or any part of either, or if waste be committed on, or improvements are removed from the land, without written consent of the grantee or assigns or if the mortgage becomes insolvent then in any or either event, upon the breach of these conditions, or any or either of them, the whole of the sum intended to be hereby secured shall at option of the grantee herein, or the legal holder of said indebtedness become immediately due and payable, and the said grantee or the legal holder thereof, or his assigns, agent or atty, shall have the power to sell said property or any part thereof, at public sale to the highest bidder for cash at the front entrance of the Court House in the town of Foreman, County of Little River, State of Arkansas. Public notice of the time, place and terms of the sale having first been given 10 days by advertising in some newspaper published in said County of Little River or by printed or written hand bills posted up in 5 public place in said county at which sale the said grantee or his assigns may bid and purchase as any third person might do and hereby authorize the said grantee or his assigns to convey said property to any one purchasing at said sale; and the recitals of said deed of conveyance shall open as prima fa___ true, and the pro___ 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 such other indebtedness as may be owing said mortgage by the mortgagor and the remainder, if any, shall be paid to said grantos.
All right of appraisement and redemption provided for by the laws of Arkansas are hereby waived by the mortgagors herein.
Witness our hands and seal on this 19th Day of Dec. A.D. 1904.
James Samuels X (his mark) Seal
Mattie Samuels Seal
Witness
R.B. Kirk
Acknowledgement
State of Arkansas
County of Little River
On this 19th Day of Dec 1904 before me J. N. Fortner a Notary Public within and for the County of Little River in the State of Arkansas duly commissioned and acting appeared in person James Samuels to me personally well known as the person whose name appears upon the within and foregoing deed of conveyance as the part Grantor and sstated that he had executed the same for the consideration and purposes therein mentioned and set forth and I do hereby so certify.
And I further certify that on the same day voluntarily appeared before me Mattie Samuels wife of said James Samuels to me well known to be the person whose name appears upon the within and foregoing deed and in the absense of her said husband stated and declared that she had of her own free will exectued said deed and had signed the relinquished of dower and homestead therein, expressed for the purposes and consideration therein contained and set forth without compulsion or undue influence of her said husband , testimony whereof I have hereunto set my hand, seal of office as such N.P. in the county and state aforesaid on this 19th day of Dec. 1904.
J.N. Fortner N.P.
My Comm Exp. Jan 28, 1907
Filed for record on Dec 24, 1904 and recorded on 26 day of Dec, 1904 in Vol. 24 at page 413.
N.E. Kinsworthy Clerk