Putnam's Handy Law Book for the Layman Part 19

On this ____ day of ________, 19__, before me, a justice of the peace, in and for said county, personally came the above named ________, who are known to me to be the identical persons whose names are affixed to the above deed as grantors, and severally acknowledged the instrument to be their voluntary act and deed.

Witness my hand the date above given.

A.B.

Justice of the Peace.

13

Quit Claim Deed--Another Form

This indenture, made this ____ day of ________, in the year of our Lord, 19__, between ________, of the first part, and ________, of the second part, witnesseth: That the said part____ of the first part, in consideration of the sum of ________ dollars, to ________, in hand paid by the said part____ of the second part, the receipt whereof is hereby confessed and acknowledged, ha____ bargained, sold, remised, and quitclaimed, and by these presents do____ bargain, sell, remise, and quitclaim unto the said part____ of the second part ________ and to ________, heirs and a.s.signs forever, all ________ together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, t.i.tle, interest, claim, and demand whatsoever, of the said part____ of the first part, either in law or equity, of, in, and to the above-bargained premises, with the said hereditaments and appurtenances, to have and to hold the said ________ to the said part____ of the second part, ________ heirs and a.s.signs, to the sole and only proper benefit and behoof of the said part____ of the second part, ________ heirs and a.s.signs forever.

In witness whereof, the part____ of the first part ha____ hereunto set ________ hand ____ and seal ____, the day and year first above written.

Sealed and delivered in the presence of (Acknowledgment clause.)

14

Quit Claim Deed--Short Form

In consideration of $100, to me in hand paid by C.D., I, A.B., hereby sell, grant, release, and quitclaim to said C.D., that certain lot (here insert description). To have and to hold the said released premises unto the said C.D., and his heirs and a.s.signs forever.

Witness my hand and seal, this ____ day of ________, 19__.

(Acknowledgment clause.)

A.B. (L.S.)

15

Mortgage

Know all men by these presents, that ________ and ________, husband and wife, in consideration of the sum of $________, to us in hand paid, do hereby grant, bargain, sell, and convey to ________ of ________, the following described real estate, to-wit: (describe premises). Together with all the tenements and appurtenances thereunto belonging. And we do hereby covenant with said ________ that we are lawfully seized of said premises; and we will warrant and defend, the same against the lawful claims of all persons whomsoever.

Provided, however, and these presents are upon this express condition.

That whereas ________ on the ____ day of ________, 19__, executed and delivered to ________ promissory notes, as follows: The first of said notes for the sum of $________, with interest from date, is due and payable ________, 19__, and the second of said notes for the sum of $________ with interest from date, is due and payable on the ____ day of ________, 19__. Now if said ________ shall pay said notes and interest thereon, when they shall become due, then this conveyance shall be null and void, otherwise to remain in force and effect.

In witness whereof we have hereunto set our hands this ________ day of ________, 19__.

In presence of ________ ________ ________

Acknowledgment as to deed.

16

Mortgage with Power of Sale

This Indenture, made the ____ day of ________ in the year ________ between ________ (name, residence, and occupation of mortgagor) party of the first part, and ________ (name, residence, and occupation of mortgagee) party of the second part, Witnesseth: That the said party of the first part, in consideration of the sum of (the amount of the debt) to him duly paid before the delivery hereof, has bargained and sold, and by these presents does grant and convey to the said party of the second part, and his heirs and a.s.signs forever, all (here describe the premises minutely and accurately) with the appurtenances, and all the estate, right, and t.i.tle, and interest of the said party of the first part therein.

This grant is intended as a security for the payment of (here describe the debt) which payments, if duly made, will render this conveyance void. And if default shall be made in the payment of the princ.i.p.al or interest above mentioned, then the said party of the second part, or his executors, administrators, or a.s.signs, are hereby authorized to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due with the costs and expenses allowed by law.

In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written.

(Signature) (Seal)

Sealed and delivered in the presence of STATE OF } COUNTY OF } SS.

On the ____ day of ________ in the year one thousand nine hundred and ________ before me personally came (name of mortgagor) who is known to me to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same, as his free act and deed.

17

Chattel Mortgage with Power of Sale

Know all men by these presents, that I, A.B., in consideration of the sum of $________ paid by C.D., have bargained and sold, and by these presents do hereby sell and convey to said C.D. the following goods, and chattels, to-wit: (describe the articles mortgaged, or refer to them as the goods and chattels mentioned in the schedule hereto annexed), and which is now in my possession.

Whereas, the said A.B. is justly indebted to C.D. in the sum of $________, payable on the ____ day of ________, 19__, with interest at ten per cent from the ____ day of ________, 19__ (upon a promissory note of even date herewith, or for goods sold and delivered).

Now the condition of the above obligation is such that if the said A.B. shall well and truly pay said C.D. said sum of money and interest when the same shall become due, then this conveyance shall be void, otherwise to remain in full force and effect. It is also agreed that said A.B. may retain possession of the said mortgaged property until said debt becomes due. But if default be made in the payment of said sum or any part thereof, the said C.D. and his a.s.signs are hereby authorized to sell said goods and chattels, or so much thereof as will be necessary to satisfy the amount then due, together with the costs and expenses incurred by reason of said default.

(Signed) A.B.

In the presence of E.F.

18

Mortgage on Goods and Chattels--Another Form

Know all men by these presents, that A.B., residing at ________, of the first part, for securing the payment of the ________, hereinafter mentioned, and in consideration of the sum of $1, to ________ in hand paid, at or before the ensealing and delivery of these presents, by C.D., of the second part, the receipt whereof is hereby acknowledged, ha____ granted, bargained, sold, and a.s.signed, and by these presents do ____ grant, bargain, sell, and a.s.sign unto the said part____ of the second part, all ________ now remaining and being ________.

To have and to hold, all and singular, the goods and chattels above bargained and sold, or intended so to be, unto the said part____ of the second part, ________ executors, administrators, and a.s.signs forever. And the said part____ of the first part, for ________ heirs, executors, and administrators, all and singular, the said goods and chattels above bargained and sold unto the said part____ of the second part, ________ executors, administrators, and a.s.signs, against the said part____ of the first part, and against all and every person or persons whomsoever shall and will warrant, and by these presents forever defend.

Upon condition, that if the said part____ of the first part shall and do well and truly pay, or cause to be paid, unto the said part____ of the second part, ________ executors, administrators, or a.s.signs, the sum of ________, then these presents and everything herein contained shall cease and be void. And the said part____ of the first part, for ________ executors, administrators, and a.s.signs, do ________ covenant and agree to and with the said part____ of the second part, ________ executors, administrators, and a.s.signs, to make punctual payment of the money hereby secured ________. And in case default shall be made in payment of the said sum above mentioned, or in case the said part____ of the second part shall sooner choose to demand the said goods and chattels, it shall and may be lawful for, and the said part____ of the first part do ________ hereby authorize and empower the said part____ of the second part, ________ executors, administrators, and a.s.signs, with the aid and a.s.sistance of any person or persons, to enter and come into and upon the dwelling-house and premises of the said part____ of the first part, and in such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels to sell and dispose of the same for the best price they can obtain, at either public or private sale, and out of the money to retain and pay the said sum above mentioned, with the interest and all expenses and charges thereon, rendering the overplus (if any) unto the said part____ of the first part, ________ executors, administrators, and a.s.signs. And until default be made in the payment of the aforesaid sum of money, the said part____ of the first part to remain and continue in quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same, unless the said part____ of the second part, ________ executors, administrators, or a.s.signs, shall sooner choose to demand the same; and until such demand be made, the possession of the said part____ of the first part shall be deemed the possession of an agent or servant, for the sole benefit and advantage of his princ.i.p.al, the said part____ of the second part.

In witness whereof, the said part____ of the first part, ha____ hereunto set ________ hand ____ and seal ________ this ____ day of ________, 19__.

Sealed and delivered in the presence of ________ County of ________ss.:

On this ____ day of ________, 19__, before me came ________, to me known to be the person____ described in and who executed the foregoing instrument, and ________ acknowledged that ____ he ________ executed the same.

19

Notice of Sale under Chattel Mortgage