Part 22

Chapter 223,630 wordsPublic domain

Know all men by these presents, that I ________ of the county of ________, in the state of ________, do hereby bargain, sell, and convey to said ________, the following described personal property now belonging to me, to-wit: (describe in detail). And I hereby covenant with said ________ ________, to warrant the title of said property to said ________ against the lawful claims of all persons whomsoever.

In witness whereof I have hereunto set my hand this ____ day of ________, 19__.

(Signed) In the presence of ________

Warranty Deed

Know all men by these presents, that we ________, and ________, husband and wife, in consideration of the sum of $________, in hand paid, do hereby grant, bargain, sell, and convey to ________, of ________ county, ________, the following described real estate situate in the county of ________, and state of Iowa, to-wit: (describe premises), to have and to hold to his heirs and assigns forever. Together with all the tenements, hereditaments, and appurtenances thereto belonging. And we hereby covenant with said ________ that we are lawfully seized of said premises; that they are free from incumbrances; that we have good right and lawful authority to sell the same, and we covenant to warrant and defend the same against the lawful claims of all persons whomsoever. And the said ________, hereby relinquishes her right of dower in said premises.

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

In presence of ________ ________ ________

State of ________} ________ County. }

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 acknowledge the instrument to be their voluntary act, and deed.

In witness whereof I have hereunto set my hand the day and year above written.

A.B. Justice of the Peace.

Warranty Deed in Common Use in New England

Know all men by these presents, that I, (the grantor) of (residence, town or city, county and state), (occupation), in consideration of (the amount paid) to me paid by (here name the grantee or purchaser, giving in like manner his residence and occupation), the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said (name the grantee, and then describe the premises granted, minutely and accurately):--

To have and to hold the above-granted premises, to the said (name the grantee), his (hers or their) heirs and assigns, to his (or her or their) use and behoof forever. And then, the said (name the grantor), for (myself) and (my) heirs, executors, and administrators, do covenant with the said (name of the grantee), and with his heirs and assigns, that I am lawfully seized in fee simple of the aforegranted premises; that they are free from all incumbrances (if there be any incumbrances, as a mortgage or lien, or right of way, or drain, or air, or light, say excepting, and then describe the incumbrance), that I have good right to sell and convey the same to the said (name of the grantee), and his (or her) heirs and assigns forever as aforesaid; and that I will, and my heirs, executors, and administrators shall, warrant and defend the same to the said (name of the grantee), and his heirs and assigns forever, against the lawful claims and demands of all persons.

In witness whereof, I the said (name of the grantor) and (name of his wife), wife of said grantor, in token of her release of all right and title of or to dower in the granted premises, have hereunto set our hands and seals this ____ day of ________ in the year of our Lord ________

(Signature) (Seal)

Signed, Sealed, and Delivered in the Presence of

Deed of Indenture--Short Form

This indenture, made the ____ day of ________, 19__, between ________ (insert occupation and residence), of the first part, and ________ (insert occupation and residence), of the second part,

Witnesseth: That the said part____ of the first part, in consideration of ________ dollars, lawful money of the United States, paid by the part____ of the second part, do ____ hereby grant and release unto the said part____ of the second part, ____h____ heirs and assigns forever (description of land). Together with the appurtenances and all the estate and rights of the part____ of the first part in and to said premises.

To have and to hold the above-granted premises unto the said part____ of the second part, ____h____ heirs and assigns forever.

And that said part____ of the first part do____ covenant with said part____ of the second part, as follows:

That the part____ of the first part will forever warrant the title to said premises.

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

In the presence of (Acknowledgment clause.)

Quit Claim Deed

Know all men by these presents, that we, ________ and ________, husband and wife, in consideration of the sum of $________, in hand paid, do hereby sell and quit claim to ________ all our right, title and interest in and to the following described real estate, situate in the county of ________, and state of ________, to-wit: (describe premises) to have and to hold the above described premises to the said ________, and his heirs and assigns forever.

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

In presence of ________ ________ ________

State of ________} ________ County. }

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.

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 assigns 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, title, 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 assigns, to the sole and only proper benefit and behoof of the said part____ of the second part, ________ heirs and assigns 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.)

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 assigns forever.

Witness my hand and seal, this ____ day of ________, 19__. (Acknowledgment clause.)

A.B. (L.S.)

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.

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 assigns forever, all (here describe the premises minutely and accurately) with the appurtenances, and all the estate, right, and title, 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 principal or interest above mentioned, then the said party of the second part, or his executors, administrators, or assigns, 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.

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 assigns 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.

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 assigned, and by these presents do ____ grant, bargain, sell, and assign 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 assigns 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 assigns, 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 assigns, 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 assigns, do ________ covenant and agree to and with the said part____ of the second part, ________ executors, administrators, and assigns, 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 assigns, with the aid and assistance 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 assigns. 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 assigns, 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 principal, 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.

Notice of Sale under Chattel Mortgage

Notice is hereby given that by virtue of a chattel mortgage, dated on the ____ day of ________, 19__, and duly filed in the office of the county clerk of ________ county, ________ on the ____ day of ________, 19__, and executed by A.B. to C.D. to secure the payment of the sum of $________, and upon which there is now due the sum of $________. Default having been made in the payment of said sum, and no suit or other proceeding at law having been instituted to recover said debt or any part thereof, therefore, I will sell the property therein described, viz.: (here describe the articles substantially as in the mortgage) at public auction at the house of ________, in the (city, town, or precinct) of ________, in ________ county, on the ____ day of ________, at one o'clock P.M. of said date.

C.D. Mortgagee.

Dated ____, ________, 19__.

Assignment of Mortgage

This instrument, made this ____ day of ________, 19__, between ________, of the first part, and ________, of the second part, witnesseth: That the part____ of the first part, for a good and valuable consideration, to ________ in hand paid by the part____ of the second part, ha____ sold, assigned, transferred, and conveyed, and do____ hereby sell, assign, transfer, and convey to the part____ of the second part, a certain mortgage, bearing date the ____ day of ________, 19__, made by ________, recorded in the clerk's office of ________ county, in liber ________, of mortgages, at page ________, on the ____ day of ________, 19__, at ____ o'clock ____m., together with the bond accompanying said mortgage, and therein referred to, and all sums of money due and to grow due thereon. And the part____ of the first part hereby covenant that there is ________ due on the said bond and mortgage the sum of ________.

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

(Assignment clause.)

Agreement for Lease

This is to certify that I have, on this 1st day of ________, 19__, let and rented to C.D., lot ________, in block ________, in the city to ________, ________, together with the dwelling-house thereon, with all the appurtenances, and the sole and uninterrupted possession thereof for one year from this date, at the yearly rent of $________, payable quarterly in advance; rent to cease in case of the destruction of the premises by fire.

(Signed) A.B.

Lease

This agreement, entered into this first day of ________, 19__, between A.B. and C.D., witnesseth: That the said A.B., in consideration of the covenants of the said C.D., hereinafter set forth, does hereby lease to the said C.D., from the first day of ________, 19__, to the ____ day of ________, 19__, the following described property, to-wit: (The southeast quarter of section 15, in township 12 north, range 14 east of 6th principal meridian). And the said C.D., in consideration of the leasing of the premises as above set forth, does hereby covenant and agree to pay said A.B. the rent following, to-wit: (Insert terms and mode of payment). The said C.D. also covenants with the said A.B. that he will cultivate said land in a good and husband-like manner; that he will keep said premises in as good a condition as they now are; the usual wear and incidents by fire excepted, and that he will yield peaceable possession of the same to said A.B. at the expiration of said term.

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

A.B. C.D.

In presence of E.F.

Lease--Another Form

Landlord and Tenant's Agreement

This instrument, made and executed this ____ day of ________, 19__, between ________, of the ________, part____ of the first part, and ________, of the ________, part____ of the second part, witnesseth:

That the part____ of the first part ha____ hereby let and rented to the part____ of the second part, and the part____ of the second part ha____ hereby hired and taken from the part____ of the first part, ________ for the term of ________ years ________ ---- to commence the ____ day of ________, 19__, at the yearly rent of ________ dollars, payable ________. And the part____ of the second part hereby covenant____ to and with the part____ of the first part to make punctual payment of the rent ________ in the manner aforesaid, and quit and surrender the premises at the expiration of said term, in as good state and condition as they are now in, reasonable use and wear thereof, and damages by the elements excepted, and further covenant____ that ____he____, the part____ of the second part, will not use or occupy said premises for any business or purpose deemed extra hazardous on account of fire.

And further covenant____ that ____he____, the part____ of the second part, will not assign this lease or underlet the said premises, or any part thereof, to any persons whomsoever, without first obtaining the written consent of said part____ of the first part, and in case of not complying with this covenant, the part____ of the second part agree____ to forfeit and pay to the part____ of the first part the sum of ________ dollars, as and for liquidated damages which are hereby liquidated and fixed as damages and not as a penalty.

This lease is made and accepted on this express condition, that in case the part____ of the second part should assign this lease or underlet the said premises, or any part thereof, without the written consent of the part____ of the first part, that then the part____ of the first part, his heirs or assigns, in his option, shall have the power and the right of terminating and ending this lease immediately, and be entitled to the immediate possession of said premises, and to take summary proceedings against the part____ of the second part, or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term.

It is further agreed between the parties, that in case said premises should be destroyed by fire before or during said term, that then this lease is to cease and determine; the rent ________ to be paid up to that time.

In witness whereof, the parties have hereunto set their hands and seals the day and year first above written.

In the presence of ________ ________ ________

Farm Lease

This indenture, made the ____ day of ________ in the year of our Lord, 19__, between A.B., of the city of ________, party of the first part, and C.D., of the same place, party of the second part, witnesseth: