Deed of Trust from Dave D. Sparks et al. to Oscar D. McCollum for William B. Frey

DEED OF TRUST-Forn No. 6 Printed and for sale by C. S. Demares, 619 Walnut St., Kansas City, Mo., Home 6722 Main This Deed, MADE AND ENTERED INTO THIS 8th. day of March One Thousand Nine Hundred and Seventeen by and between Dave D. Sparks and Vera R. Sparks, his wife, and J. H. Wallace and Ada S. Wallace, his wife, part ies of the first part and Oscar D. McCollum party of the second part, and William B. Erey of Little Blue, Missouri part. V of the third part, WITNESSETH: That the part ies of the first part, in consideration of the debt and trust hereinafter mentioned and created, and of the sum of One Dol- lar to them paid by the said part. V 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 V of the second part the following described Real Estate situate in the County of Jackson in the State of Missouri: All that part of Section Thirty-fiv (35), Townshi p Forty-cight (48) Range Thirty-t (32) described as follows: Beginning at the Southwest corner of said Section Thirty-five (35), and run- ning thenee North on Section line 160 poles; thence East on half section line 25.2 poles; thence South 52 poles; thence East 40 poles; thence North 14.33 poles; thence South 48 degrees East 139.5 poles, more or less, to the center line of the county road; thence South 42 degrees West along the center line of said road 14 poles, more or less, to half section line; thence South on half section line 22 poles, more or less, to section line; thence West on section line 160 poles to the place of beginning, containing 100.72 acres; Excepting therefrom 26.41 acres described as follows: Beginning at the Southwest corner of said Section Thirty-five (35) and running thence North on West line of said Section 15 chains; thence East 9.5 chains; thenee South 44-1/2 degrees East 4.19 chains; thence South 69-3/4 degrees East 8.28 chains; thence South 9.13 chains, to South line of said Section; thence West 20 chains to place of, beginning. Three years after date we promise to pay to wirriem D. or order, One Thousand Fite Hundred Thirty and No/100ths Dollars at 700 Gates Building in Kansas City, Missouri Bor value received, with interest thereon at six per cent per annum from date until paid. Interest payable semi-annually. 1. GO Due 3/8/20. (Signed) J. H. Wallace (Signed) Dave D. Sparks. Too Tberetore, If the said part ies of the first part, or anyone for them shall well and truly pay off and discharge the debt and interest expressed in the said Note and every part thereof, when the same becomes 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 parties of 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, when any advertisement and sale are to be made hereunder, then, whoever shall be sheriff of Jackson County, Missouri, at the time when any such advertisement and sale are to be made (who shall thereupon for the purpose of that advertisement and sale succeed to the second party's title to said real estate and the trust herein created respecting the same), may proceed to sell the property hereinbefore described or any part thereof, at public vendue to the highest bidder at the West front door of the Jackson County Circuit Court House in Independence, Missouri for cash, first giving Twenty days' public notice of the time, terms and place of sale and of the prop- erty to be sold, by advertisement in some newspaper printed and published in the City of Independence, M 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 such sale pay first, the costs and expenses of executing this trust, including legal compen- sation to the T/ustee for his services; and next, he shall apply the proceeds remaining over to the pay- ment of said debt and interest, or so much thereof as remains unpaid, and the remainder, if any, shall be paid to the said part ies of the first part or their legal representatives. And the said part. V of the second part covenant. S faithfully to perform and fulfill the trust herein created, not being liable for any mischance occasioned by others. in wainness wabereot, The said first part ies ha ve hereunto set their hand S the day and year first above written. Signed, sealed and Delivered in the presence of us: Adars. nallace Dave D. Sparks Vers R. sparks.