and in consideration of the sum of ________, lawful money of the
United States, to ________ in hand paid, at or before the ensealing
and delivery of these presents by ________, of the second part, the
receipt whereof is hereby acknowledged, ha____ bargained and sold, and
by these presents do grant and convey, unto the said part ________ of
the second part, ________ executors, administrators, and assigns
(description of property; or if detailed description is contained in
schedule annexed, say, the goods and chattels particularly described
in a schedule hereunto annexed and made a part of this instrument), to
have and to hold the same unto the said part ________ of the second
part, ________ executors, administrators, and assigns forever. And
________ do____ for ________ heirs, executors, administrators,
covenant and agree, to and with the said part ________ of the second
part, to warrant and defend the sale of the said property ________
hereby sold unto the said part ________ of the second part, ________
________ executors, administrators, and assigns, against all and every
person and persons whomsoever.
In witness whereof, ________ have hereunto set ________ hand ________
and seal ________ the ____ day of ________ in the year one thousand
nine hundred and ________.
Sealed and delivered in the presence of
(Acknowledgment clause.)
8
Bill of Sale--Shorter Form
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 ________
9
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.
10
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
11
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.)
12
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.
13
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.)
14
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.)
15
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.
16
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.
17
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.
18
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.
19
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__.
20
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.)
21
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.
22
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.
23
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
________ ________
________
24
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: