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The condition of this bond is such that if I, Jacob Hiner, my heirs, administrators or executors, shall promptly pay the sum of two hundred and fifty dollars in three equal annual payments from the date hereof, with annual interest, then the above obligation to be of no effect; otherwise to be in full full force and valid. Sealed and delivered in
Jacob HINER. [L. s.] presence of FRANK HOGAN.
A chattel mortgage is a mortgage on personal property for payment of a certain sum of money, to hold the property against debts of other creditors. The mortgage must describe the property, and must be acknowledged before a Justice of the Peace in the township or precinct where the mortgagee resides, and entered upon his docket, and must be recorded in the Recorder's office of
GENERAL FORM OF CHATTEL MORTGAGE.
This indenture, made and entered into this first day of January, in the year of our Lord one thousand eight hundred and seventy-five, between John Lane, of the town of Geneseo, in the County of Henry, and State of Illinois, party of the first part, and Paul Lake, of the same town, county and State, party of the second part.
Witnesseth, that the said party of the first part, for and in consideration of * the sum of one thousand dollars, in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey and confirm unto the said party of the second part, his heirs and assigns forever, all and singular the following described goods and chattels, to wit:
Two three-year old roan-colored horses, one Burdett organ, No. 987, one Brussels carpet, 15x20 feet in size, one marble-top center table, one Home Comfort cooking stove, No. 8, one black walnut bureau with mirror attached, one set of parlor chairs (six in number), upholstered in green rep, with lounge corresponding with same in style and color of upholstery, now in possession of said Lane, at No. 4 Prairie Ave., Geneseo, Ill.;
Together with all and singular the appurtenances thereunto belonging, or in any wise appertaining; to have and to hold the above described goods and chattels, unto the said party of the second part, his heirs and assigns, forever.
Provided, always, and these presents are upon this express condition, that if the said John Lane, his heirs, executors, administrators or assigns, shall, on or before the first day of January, A. D. one thousand eight hundred and seventy-six, pay, or cause to be paid, to the said Paul Lake, or his lawful attorney or attorneys, heirs, executors, administrators or assigns, the sum of
one thousand dollars, together with the interest that may accrue thereon, at the rate of ten per cent. per annum, from the first day of January, A. D. one thousand eight hundred and seventy-five, until paid, according to the tenor of one promissory note, bearing even date herewith, for the payment of said sum of money, that then and from thenceforth, these presents, and everything herein contained, shall cease, and be null and void, anything herein contained to the contrary notwithstanding.
Provided, also, that the said John Lane may retain the possession of and have the use of said goods and chattels until the day of payment aforesaid; and also, at his own expense, shall keep said goods and chattels; and also at the expiration of said time of payment, if said sum of money, together with the interest as aforesaid, shall not be paid, shall deliver up said goods and chattels, in good condition, to said Paul Lake, or his heirs, executors, administrators or assigns.
And provided, also, that if default in payment as aforesaid, by said party of the first part, shall be made, or if said party of the second part shall, at any time before said promissory note becomes due, feel himself unsafe or insecure, that then the said party of the second part, or his attorney, agent, assigns, or heirs, executors or administrators, shall have the right to take possession of said goods and chattels, wherever they may or can be found, and sell the same at public or private sale, to the highest bidder for cash in hand, after giving ten days' notice of the time and place of said sale, together with a description of the goods and chattels to be sold, by at least four advertisements, posted up in public places in the vicinity where said sale is to take place, and proceed to make the sum of money and interest promised as aforesaid, together with all reasonable costs, charges and expenses in so doing; and if there shall be any overplus, shall pay the same without delay to the said party of the first part, or his legal representatives.
In testimony whereof, the said party of the first part has hereunto set his hand and affixed his seal, the day and year first above written. Signed, sealed and delivered in
John LANE. [L. s.] presence of R. B. HAYES.
LEASE OF FARM AND BUILDINGS THEREON.
This indenture, made this second day of June, 1875, between David Parker, of the Town of Bisbee, State of Illinois, of the first part, and John Moore, of the same place, of the second part,
Witnesseth, that the said David Parker, for and in consideration of the covenants hereinafter mentioned and reserved, on the part of the said John Moore, his executors, administrators and assigns, to be paid, kept and performed, hath let, and by these presents doth grant, demise and let, unto the said John Moore, his executors, administrators and assigns, all that parcel of land situate in Bisbee aforesaid, bounded and described as follows, to wit:
[Here describe the land.] Together with all the appurtenances appertaining thereto. To have and to hold the said premises, with appurtenances thereto belonging, unto the said Moore, his executors, administrators and assigns, for the term of five years, from the first day of October next following, at a yearly rent of six hundred dollars, to be paid in equal payments, semi-annually, as long as said buildings are in good tenantable condition.
And the said Moore, by these presents, covenants and agrees to pay all taxes and assessments, and keep in repair all hedges, ditches, rail and other fences (the said David Parker, his heirs, assigns and administrators, to furnish all timber, brick, tile and other materials necessary for such repairs).
Said Moore further covenants and agrees to apply to said land, in a farmerlike manner, all manure and compost accumulating upon said farm, and cultivate all the arable land in a husbandmanlike manner, according to the usual custom among farmers in the neighborhood; he also agrees to trim the hedges at a reasonable time, preventing injury from cattle to such hedges, and to all fruit and other trees on the said premises. That he will seed down with clover and timothy seed twenty acres yearly of arable land, plowing the same number of acres each spring of land now in grass, and hitherto unbroken.
It is further agreed, that if the said Moore shall fail to perform the whole or any one of the above mentioned covenants, then and in that case the said David Parker may declare this lease terminated, by giving three months' notice of the same, prior to the first of October of any year, and may distrain any part of the stock, goods or chattels, or other property in possession of said Moore, for sufficient to compensate for the non-performance of the above written covenants, the same to be determined, and amounts so to be paid to be determined, by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one, and the two so chosen to select a third; the decision of said arbitrators to be final.
In witness whereof, we have hereto set our hands and seals. Signed, sealed, and delivered
DAVID PARKER. [L. S.] in presence of
JOHN MOORE. [L. s.] JAMES WALDRON.
FORM OF LEASE OF A HOUSE.
This instrument, made the first day of October, 1875, witnesseth that Albert Ward, of Yorkville, County of Kendall, State of Illinois, hath rented from John Shafer, of Logansport aforesaid, the dwelling and lot No. 13 Ohio
Street, situated in said City of Yorkville, for five years from the above date, at the yearly rental of three hundred dollars, payable monthly, on the first day of each month, in advance, at the residence of said John Shafer.
At the expiration of said above mentioned term, the said Ward agrees to give the said Shafer peaceable possession of the said dwelling, in , as good condition as when taken, ordinary wear and casualties excepted.
In witness whereof, we place our hands and seals the day and year aforesaid. Signed, sealed and delivered
ALBERT WARD. [L. s.] in presence of
John SHAFER. [L. s.] WILLIAM PIERCE,
LANDLORD'S AGREEMENT. This certifies that I have let and rented, this first day of January, 1876, unto Jacob Smith, my house and lot, No. 15 Erie Street, in the City of Chicago, State of Illinois, and its appurtenances; he to have the free and uninterrupted occupation thereof for one year from this date, at the yearly rental of two hundred dollars, to be paid monthly in advance; rent to cease if destroyed by fire, or otherwise made untenantable.
This certifies that I have hired and taken from Alpha Piper his house and lot, No. 18 Erie Street, in the City of Chicago, State of Illinois, with appurtenances thereto belonging, for one year, to commence this day, at a yearly rental of two hundred dollars, to be paid monthly in advance, unless said house becomes untenantable from fire or other causes, in which case rent ceases; and I further agree to give and yield said premises one year from this first day of January, 1876, in as good condition as now, ordinary wear and damage by the elements excepted. Given under my hand this day.
NOTICE TO QUIT. To E. D. LYON,
Sir: Please observe that the term of one year, for which the house and land, situated at No. 8 Indiana Street, and now occupied by you, were rented to you, expired on the first day of October, 1875, and as I desire to repossess said premises, you are hereby requested and required to vacate the same. Respectfully yours,
A. E. Law. Lincoln, Neb., October 4, 1875.
TENANT'S NOTICE OF LEAVING. Dear Sir: The premises I now occupy as your tenant, at No. 8 Indiana Street, I shall vacate on the first day of November, 1875. You will please take notice accordingly. Dated this tenth day of October, 1875.
E. D. LYON. To A. E. Law, Esq.
REAL ESTATE MORTGAGE TO SECURE PAYMENT OF MONEY.
This indenture, made this sixteenth day of May, in the year of our Lord one thousand eight hundred and seventy-two, between William Nash, of Peoria, County of Peoria, and State of Illinois, and Olive, his wife, party of the first part, and Edward Roach, party of the second part.
Whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of two thousand dollars, secured to be paid by two certain promissory notes (bearing even date herewith), the one due and payable at the Second National Bank, in Peoria, Illinois, with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventythree; the other due and payable at the Second National Bank, at Peoria, Illinois, with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy-four.
Now, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the two said promissory notes above mentioned; and, also, in consideration of the further sum of one dollar to them in hand paid by the said party of the second part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey, unto the said party of the second part, his heirs and assigns, forever, all that certain parcel of land, situate, etc.
[Describing the premises.] To have and to hold the same, together with all and singular the tenements, hereditaments, privileges and appurtenances thereunto belonging or in anywise appertaining. And, also, all the estate, interest and claim whatsoever, in law as well as in equity, which the party of the first part have in and to the premises hereby conveyed, unto the said party of the second part, his heirs and assigns, and to their only proper use, benefit and behoof. And the said William Nash, and Olive, his wife, party of the first part, hereby expressly waive, relinquish, release and convey unto the said party of the second part, his heirs, executors, administrators and assigns, all right, title, claim, interest and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.