This Deed, Made and entered into this 22nd day of March 1879 by and between James W. Fry and Adlinda A. his wife of the County of St. Genevieve, State of Missouri, party of the First Part, Robert Tetley of the County of St. Francois, State of Missouri, party of the Second Part, and St. Francois Lodge No. 48 I.O.O.F., of the County of St. Francois, state of Missouri, party of the Third Part.
Witnesseth: That the said party of the First Part, in consideration of the debt and trust herein after mentioned and created, and of the sum of One Dollar, to him paid by the party of the Second Part, the receipt of which is hereby acknowledged, do by these presentsGRANT, BARGAIN AND SELL, CONVEY AND CONFIRM, unto the said party of the Second Part, the following described Real Estate, situate, lying and being in the County of St. Genevieve and State of Missouri, to wit: The South West quarter of the North West quarter, and the North West quarter of the South West quarter, Section 8 in Township 36 North Range 6 East. Containing 80 acres more less and are the same lands upon which said party's now reside.
TO HAVE AND TO HOLD The same, with the appurtenances, to the party of the Second Part, and to his successor or successors in this trust, and to him and his grantees and assigns, FOREVER, IN TRUST HOWEVER, for the following purposes: Whereas, James W. Fry, the said party of the First Part, has this day made, executed and delivered to the said party of the Third Part, his Promissory Note herewith, by which he promise to pay to the said St. Francois Lodge No. 48 I.O O. F. or order, for value received $320 with interest from date at the rate of 10 percent per annum, payable one year after date, and dated March 18, 1879
Now, therfore, if the said party of the First Part, or anyone for him, shall well and truly payoff and discharge the debt and interest expressed to 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 party of the First Part; but should the said First Party 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 show become due and payable, and this Deed shall remain in force and the said party of the Second Part, or in case of his absence, death, refusal to act, or disability in anywise, the then acting Sheriff of St. Francois County, Missouri at the request of the legal holder of said note may proceed to sell the property herein before described or any part thereof at public vendue, to the highest bidder, at the Court House door in the Town of Farmington, St. Francois County, Missouri for cash, first giving 20 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 County of St. Francois, 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 nonpayment of the money secured to be paid, the advertisement, sale, receipt of the money, and the execution of the of Deed to the purchaser, shall be received prima facia evidence of such fact; and such Trustee shall, out of the proceeds of said sale, pay, first, the cost and expenses of executing 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 remainder, if any, shall be paid to the said party of the First Part or his legal representatives.
And the said party of the Second Part covenant faithfully to perform and fulfill the trust herein created, not being liable or responsible for any mischance occasioned by others.
In Witness Whereof, The said parties have hereunto set their hands and seals that day and year first above written.
J.W. Fry(seal)
Adlinda Fry(seal)
STATE OF MISSOURI, COUNTY OF ST. FRANCOIS, COUNTY
BE IT REMEMBERED, That on this 22nd Day of March A.D.1879 before the undersigned, a Notary Public within and for the County of St. Francois and State of Missouri, personally came James W. Fry the same for the uses and purposes therein mentioned and the said Adelinda A. being by me first examined separate and apart from her husband, and made fully acquainted with the contents of the said instrument acknowledged that she executed the same, and relinquishes her dower in the Real Estate therein mentioned, freely and without fear, compulsion or undue influence of her said husband.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at my office in Farmington the day and year first above written.
(Seal) Qualified Jan. 21, 1879, Term expires Jan. 1883
Luther K. Peers?
Filed for record this 25th day of March 1879 at 4 o'clock 45 minutes P.M.
Jules B. Guignon Recorder