of general warranty in fee simple of and to the said twelve
hundred acres of land thus located, Surveyed, and divided from
the residue of the same tract, and of an equal average quality
and value with the residue of the Said tract, together with all
and Singular the hereditaments, rights, members, privileges and
appurtenances thereunto belonging or in any wise appertaining
within four years from the date of this indenture, and shall more
over pay to the said party of the second part his executors, admin-
istrators, or assigns, all the interest that has accrued, or may
accrue upon the said Sum of twelve hundred dollars from the said
thirteenth day of September in the said year 1846, until the said
good and valid title deed in fee simple of and to the said twelve
hundred acres of land of the quality and value above mentioned,
Shall be made executed and delivered by the Said party of the
first part or his heirs or assigns, to the Said party of the second part
his heirs or assigns; or shall pay to the said party of the second part
his executor or executors, administrator or administrators, the said Sum
of twelve hundred dollars, within four years from the date hereof
and Shall also pay all the now due, as which may hereafter accrue
therein as aforesaid, at the rate of six per centrum annum from the
said thirteenth day of September in the said year 1846, the Said
interest to be paid in the following manner to wit; all the interest
that is now due and owing upon the said sum of twelve hundred
dollars by the said party of the first part, to the said party of the
second part, is to be paid, and shall be paid within the present year,
and the interest which shall or may accrue hereafter on the said
Sum of twelve hundred dollars, is to be paid and Shall be paid
annually, at the expiration of each and every year, from the date
of this indenture, and I the Said party of the first part do
hereby agree to pay to the said party of the second part the Said
interest in the manner above specified.
Now if the foregoing conditions and agreement Shall be
fully complied with and performed by the said party of the first
part, his heirs executors administrators or assigns, according to the
true intent and meaning thereof, then this indenture and all
things therein contained is and are to cease determine and
be utterly null and void; but otherwise it is and they are to be
and remain in full force and virtue.
Nevertheless it is understood by and between the parties
to these presents, and agreed by the Said party of the Second
part, that if any of the Said interest Shall not be punctually
paid, at the time when the Same Shall or may become due and
payable as above specified, that this mortgage is not to be and |