Land Records, Liber WWW, No. 3, folio 180. Dated August 29, 1870. Mortgage from George W. and Sarah F. Burgess to Michael J. Kuhn. Original document at Howard County Genealogy Society.
This mortgage, made this twenty ninth day of August A.D. 1870, by George W. Burgess and Sarah F. Burgess his wife. Whereas, Michael J. Kuhn has this day loaned to the said George W., three hundred dollars, for which he has passed to the said Kuhn his promissory note of even date herewith and drawn payable two years after date; and for the interest to accrue thereon and be paid annually, has passed to him also, his two other promissory notes of same date, for $18 each; and did agree further to secure the payment thereof, by these presents.
Now this Mortgage witnesseth, that in consideration of the premises and of One Dollar, the said mortgagors do grant unto the said Michael J. Kuhn in fee simple, all that Lot or parcel of land, situated in Ellicott City, Howard County on the North side of the Baltimore and Frederick Turnpike, which his father, George Burgess devised to him the said George W. by Will dated the 27th July 1867 and recorded in Liber T.B.H. No. 2 fo. 88 and in the office of Register of Wills for said County, and therein designated as Lot No. 5, and more particularly described by metes and bounds, courses and distances as by reference thereto will fully appear under the item thereof. Together with all rights, roads, ways, waters, privileges and advantages thereto appertaining.
Provided, that if the said mortgagors shall cause to be paid the said promissory notes, faithfully and punctually, according to their respective tenor and to be performed, all the covenants here, then this Mortgage shall be void.
And it is agreed, that until default, the mortgagors may possess said property. And the said George W. Burgess hereby covenants to pay, as they severally fall due, the Debt and the Interest hereby intended to be secured; all Taxes that may be levied thereon, and on the property hereby conveyed, and also, all prior Liens upon said property.
But if there shall be default in any condition of this Mortgage; then, the whole Debt hereby intended to be secured, shall be due and demandable, and the said Mortgagee his legal representatives or assigns, or James Mackubin are hereby authorized to sell the said premises, pursuant to Art. 64, of Md. Code of Public General Laws, and upon the following terms, viz: one half each on the day of sale and the balance with six months with interest from day of sale and to apply the proceeds, first, to the payment of all expenses incident to such sale (including commissions to the party selling, as allowed to Trustees in Chancery;) secondly, to the payment of all moneys owing hereunder, and the balance, to pay to the said George W. his heirs or assigns.
And the said George W. Burgess further covenants to insure, and pending this Mortgage to keep insured, the improvements on said premised, to the amount of Three hundred Dollars, and to have the Policy so framed or endorsed, that the proceeds shall be applied to the payment of this Mortgage.
Witness, our hands and seals
George (his X
mark) Burgess
Test:
Sarah (her X mark) Burgess
George R. Shane
Howard County,
to wit:
I hereby certify, that on this twenty ninth day of August A.D. 1870,
before the subscriber, a Justice of the Peace of the State of Maryland, in
and for said County, personally appeared George W. Burgess and Sarah F.
Burgess his wife and each acknowledged the foregoing Mortgage to be their
respective act; and that Michael J. Kuhn the within named mortgagee also
came, and made oath in due form of law, that the consideration expressed in
said Mortgage, is true and bona fide, as therein set forth.
George
R. Shane J.P.
I hereby release the within mortgage.
Witness my hand and seal this 28 May 1878
Inscribed on the back of this document:
Received for Record, this thirtieth day of Aug 1870, same day recorded
in Liber, W.W.W. No. 3 fo. 180 etc. one of the Howard County Land Records for
Mortgages, and examined by
W.W.
Watkins, Clerk
Note: George W. Burgess is the son of George and Elizabeth Earlougher Burgess.
Contributed to the USGenWeb Project by: Donna Thomas
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