Deed of Trust from William A. Noland and Susan E. Noland to Allen C. Southern for Jennie E. Porter

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DEED OF TRUST-SHORT FORM-5. Printed and for sale by STANDARD PRINTING Co., of Kansas City, 119 West Eighth St. Telephone 1792. This Deed, Made and entered into this FI inst day of March One Thousand Nine Hundred and form by and between William a Noland r Susan E. Noland his wife of the County of Jackson State of missours part is of the first part, allen C. Southern of the County of packson State of Hussoura part yo of the second part, and Jennie e Porter of the County of Jackson State of minour part of the third part, WitNESSETH: That the said part us of the first part, in consideration and of the of the debt and trust hereinafter mentioned and created, sum of One Dollar to them paid by the said part of the second part, the receipt of which is hereby acknowledged, do by these presents grant, bargain and sell, convey and confirm unto the said part of the second part the following described Real Estate, situate, lying and being in the County of Jackson and State of missouri to-wit: The west half of lot fifteen (1s) in James F Moores addition to the City fundependence fackson County Micsoni to Thave and to Thold the Same, With appurtenances, to the part y of the second part, and to his successor or successors in this Trust, and to him and his grantees and assigns forever: Trust, Thowever, For the following purposes: WHEREAS, William a Noland Y Susan E noland the said part les of the first part ha withs day made, executed and delivered to the said part y of the third part their Promissory Note of even date herewith, by which they promise to pay to the said Jemin E. Porter or order, for value received, S if hundred DOLLARS, 100 due manc a n n 19 04 with interest from date to maturity at the rate of aglet per cent per annum payable semi - animally (This deed of trust and note, however, are subject to the terms and proviscous of a certain contract of even date berewith between the first and third parties hereto, a copy of which said contract is in the ponessor of each of the parties to the same) now Therefore, If the said part is of the first part, or anyone for them shall well and truly pay off and discharge the debt and inter- est expressed in the said Note and every part thereof, when the same become due and payable, according to the true tenor, date and effect of said Note THEN THIS DEED shall be void, and the property hereinbefore conveyed shall be released at the cost of the said part us the first part; but should the said first parties fail or refuse to pay the said debt or the said interest, or any part thereof, when the same or any part thereof shall become due and payable, according to the true tenor, date and effect of said Note then the whole shall become due and payable and this deed shall remain in force, and the said part y of the second part, or in case of his absence, death, or refusal to act, or disability in any wise, the (then) acting Sheriff of Jackson County Missouri at the request of the legal holder of said Note may proceed to sell the property hereinbefore described, or any part thereof, at public vendue to the highest bidder at the East front door of the County Court house in the City of Independence for cash, first giving Twenty days' public notice of the time, terms and place of sale, and of the property to be sold, by advertisement in some newspaper printed and published in the Country of Jackson and upon such sale shall execute and deliver a deed in FEE SIMPLE of the property sold to the purchaser or purchasers thereof, and receive the proceeds of said sale, and any statement of facts or recital by the said Trustee in relation to the non-payment of the money secured to be paid, the advertisement, sale, receipt of the money and the execution of the deed to the purchaser shall be received as prima facie evidence of such fact; and such Trustee shall, out of the proceeds of said sale,pay, first, the cost and expenses of execut- ing this trust, including legal compensation to the Trustee for his services; and next, he shall apply the proceeds remaining over to the payment of said debt and interest, or so much thereof as remains unpaid, and the remainder, if any, shall be paid to said partels of the first part or their legal representatives. And the said party of the second part covenant faithfully to perform and fulfill the trust herein created, not being liableor responsible for any mischance occasioned by others. In Witness The said first part is set their handS and seal the day and year first above written. Signed, Sealed and Delivered in presence of us: Ww a Noland [SEAL] Suran & Niland. [SEAL] [SEAL] [SEAL]