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Mortgage of John and Katarina Mohn /1892
Posted by: Bob Tate Date: March 05, 2000 at 12:43:55
  of 298

MORTGAGE FILED DECEMBER 3, 1892 AT 3 P.M.

THIS INDENTURE, MADE AND EXECUTED THIS TWENTY SIXTH DAY OF NOVEMBER A.D. EIGHTEEN HUNDRED AND NINETY TWO, BY AND BETWEEN JOHN MOHN AND KATARINA MOHN, HIS WIFE OF THE COUNTY OF MARION AND STATE OF KANSAS, PARTIES OF THE FIRST PART, AND THE UNION CENTRAL LIFE INSURANCE COMPANY OF CINCINNATI, STATE OF OHIO, PARTY OF THE SECOND PART, WITNESSETH: THAT THE SAID PARTIES OF THE FIRST PART FOR AND IN CONSIDERATION OF THE SUM OF EIGHT HUNDRED < 800.00 >
DOLLARS, PAID BY THE SAID PARTY OF THE SECOND PART, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HAVE GRANTED AND SOLD, AND DO BY THESE PRESENTS GRANT, BARGAIN, SELL, CONVEY AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, AND ITS ASSIGNS, FOREVER, THE CERTAIN TRACT OR PARCEL OF REAL ESTATE, SITUATED IN THE COUNTY OF MARION AND STATE OF KANSAS, DESCRIBED AS FOLLOWS, TO-WIT: THE WEST HALF < > OF THE SOUTH EAST QUARTER < > OF SECTION THIRTY TWO < 32 >, TOWNSHIP SEVENTEEN < 17 >, RANGE THREE < 3 > AND CONTAINING EIGHTY < 80 > ACRES.

TO HAVE AND TO HOLD, THE PREMISES ABOVE DESCRIBED, WITH THE APPURTENANCES THEREUNTO BELONGING, TO SAID SECOND PARTY AND ITS ASSIGNS FOREVER, AND THE SAID PARTIES OF THE FIRST PART COVENANT WITH THE SAID PARTY OF THE SECOND PART, AS FOLLOWS: THAT THEY HAVE GOOD RIGHT TO SELL AND CONVEY SAID PREMISES; THAT THE SAID PREMISES ARE FREE FROM ENCUMBRANCE; THAT THEY WILL WARRANT AND DEFEND THE TITLE AGAINST THE LAWFUL CLAIMS OF ALL PERSONS; THAT
THEY DO HEREBY RELEASE ALL RIGHTS OF DOER IN AND TO SAID
PREMISES, AND RELINQUISH AND CONVEY ALL THEIR RIGHTS OF HOMESTEAD THEREIN; THAT THEY WILL PAY OR CAUSE TO BE PAID TO SAID SECOND PARTY, OR ORDER, AT THE OFFICE OF SAID COMPANY IN CINCINNATI, OHIO, THEIR CERTAIN PROMISSORY NOTE FOR EIGHT HUNDRED DOLLARS; PAYABLE TEN YEARS FROM DATE, OR IN PARTIAL PAYMENTS PRIOR TO MATURITY, IN ACCORDANCE WITH THE WRITTEN AGREEMENT OF THE COMPANY OF EVEN DATE HEREWITH, WITH INTEREST THEREON FROM DATE UNTIL DUE
AT THE RATE OF 7 PER CENT PER ANNUM, PAYABLE ANNUALLY ON THE FIRST DAY OF DECEMBER IN EACH YEAR ACCORDING TO COUPONS ATTACHED OF EVEN DATE HEREWITH AND 10 PER CENT PER ANNUM AFTER MATURITY, UNTIL PAID, PAYABLE ANNUALLY ON DAYS ABOVE INDICATED. ALL OF SAID NOTES ARE DATED AT MARION, KANSAS, NOVEMBER 26, 1892 AND MADE PAYABLE TO THE SAID THE UNION CENTRAL LIFE INSURANCE COMPANY AND SIGNED BY JOHN MOHN.

THE SAID FIRST PARTIES ALSO AGREE TO PAY ALL TAXES AND
ASSESSMENTS LEVIED UPON SAID REAL ESTATE BEFORE THE SAME BECOME DELINQUENT, AND IF NOT PAID, THE HOLDER OF THIS MORTGAGE MAY, WITHOUT NOTICE, DECLARE THE WHOLE SUM OF MONEY HEREIN SECURED DUE AND COLLECTIBLE AT ONCE, OR MAY ELECT TO PAY SUCH TAXES OR ASSESSMENTS, AND BE ENTITLED TO INTEREST ON THE SAME AT THE RATE OF TEN PER CENT PER ANNUM, AND THIS MORTGAGE SHALL STAND AS SECURITY FOR THE AMOUNT SO PAID, WITH SUCH INTEREST.

THE SAID FIRST PARTIES FURTHER AGREE, AT THE OPTION OF SAID
SECOND PARTY, TO KEEP THE BUILDINGS ON SAD PREMISES INSURED IN SOME RESPONSIBLE AND APPROVED COMPANY OR COMPANIES, FOR THE BENEFIT OF SAID SECOND PARTY.

THE SAID FIRST PARTIES FURTHER AGREE THAT IF THE MAKER OF SAID NOTE SHALL FAIL TO PAY ANY OF SAID MONEY, EITHER PRINCIPAL OR INTEREST, COMPLY WITH ANY OF THE FOREGOING COVENANTS, THE WHOLE SUM OF MONEY HEREIN SECURED SHALL THEREUPON BECOME DUE AND PAYABLE AT ONCE, AND THIS MORTGAGE MAY THEREUPON BE FORECLOSED IMMEDIATELY FOR THE WHOLE OF SAID MONEY, INTEREST, AND COSTS, TOGETHER WITH STATUARY DAMAGES IN CASE OF PROTEST; AND SAID
SECOND PARTY, OR ANY LEGAL HOLDER HEREOF, SHALL AT ONCE, UPON THE FILLING OF A BILL FOR THE FORECLOSURE OF THIS MORTGAGE, BE FORTH WITH ENTITLED TO THE IMMEDIATE POSSESSION OF THE ABOVE DESCRIBED PREMISES, AND MAY AT ONCE TAKE POSSESSION, AND RECEIVE AND COLLECT THE RENTS, ISSUES AND PROFITS THEREOF. FOR VALUE RECEIVED, THE SAID PARTIES OF THE FIRST PART DO HEREBY EXPRESSLY WAIVE AN APPRAISEMENT OF SAID REAL ESTATE, SHOULD THE SAME BE
SOLD UNDER EXECUTION, ORDER OF SALE, OR OTHER FINAL PROCESS, AND DO FURTHER WAIVE ALL BENEFITS OF THE STAY, VALUATION OR APPRAISEMENT LAWS OF THE STATE OF KANSAS, AND DO FURTHER AGREE THAT THE TWO CONTRACT EMBODIED IN THIS MORTGAGE AND THE NOTE SECURED HEREBY SHALL, IN ALL RESPECTS, BE GOVERNED, CONSTRUCTED AND ADJUDGED ACCORDING TO THE LAWS OF KANSAS, WHERE THE SAME IS
MADE. THE FOREGOING COVENANTS BEING PERFORMED, THIS CONVEYANCE IS TO BE VOIDED, OTHERWISE OF FULL FORCE OF AND VIRTUE. IN TESTIMONY WHEREOF, THE SAID PARTIES OF THE FIRST PART HAVE HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST ABOVE WRITTEN. CHANGES, ERASURES AND INTERLINEATION MADE PRIOR TO SIGNATURE.

JOHN MOHN
W. P. MORRIS WITNESS TO HER
MARK OF KATARINA MOHN KATARINA X MOHN
MARK

THE STATE OF KANSAS, MARION COUNTY, SS:

BE IT REMEMBERED, THAT ON THIS 3RD DAY OF DECEMBER A.D. 1892, BEFORE THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY PERSONALLY APPEARED JOHN MOHN AND KATARINA MOHN, HIS WIFE WHO ARE PERSONALLY KNOWN TO BE THE IDENTICAL PERSONS WHO EXECUTED THE FOREGOING MORTGAGE DEED, AND DULY ACKNOWLEDGED THE EXECUTION OF THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR LAST ABOVE WRITTEN.

W. P. MORRIS
NOTARY PUBLIC
MARION COUNTY, KANSAS
MY COM. EXPIRES NOV. 16TH, 1893


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