and being duly sworn (or affirmed) upon his oath (or affirmation) according to law, doth depose and say, that he did see EDWARD BLACK, the grantor above named, sign and seal, and as his act and deed, deliver the above indenture, deed, or conveyance, for the use and purposes therein mentioned; and that he did also see William DOYLE subscribe his name thereunto as the other witness of such sealing and delivery, and that the name of this deponent thereunto set and subscribed as a witness, is of this deponent's own proper handwriting. JOHN JONES. Sworn (or affirmed, as the case may be) and subscribed the day and year aforesaid before me. Witness my hand and seal. HARRY BROWN, (Seal.) Justice of the Peace. 214. Affidavit of Probate of a Deed Not Acknowledged Where a Witness is Deceased or Absent. WASHINGTON COUNTY, SS: Be it remembered, that on the Sixth day of July, A. D. one thousand nine hundred and two, before me, the subscriber, one of the Justices of the Peace in and for said county, personally appeared RICHARD GREEN, of full age, who being duly sworn, according to law, doth depose and say, that he is well acquainted with the handwriting of FREDERICK KING, one of the subscribing witneses to the within having frequently seen him. write, and that he verily believes that the name of the said. FREDERICK KING, signed to the same as one of the attesting witnesses, is the proper handwriting of the said FREDERICK KING, who is now deceased (or, who is now absent, and whose whereabouts is unknown, or as the case may be). RICHARD GREEN. SWORN AND SUBSCRIBED before me, the day and year aforesaid. JOHN YOUNG, Justice of the Peace. 215. Affidavit to Remove Objections From Settlement Certificate. COUNTY OF PHILADELPHIA, STATE OF PENNSYLVANIA, } SS: On the First day of April A. D. 1908 before me the Subscriber a Notary Public for the Commonwealth of Pennsylvania, resid ing in the City of Philadelphia, personally appeared EMMA C. MORRIS, who, being duly sworn according to law, did depose and say that she is the owner of the premises No. 1132 So. E Street, Philadelphia, and that there have been no alterations, additions or repairs made to said premises, that no sewers, drains or pipes have been laid, that no paving, curbing or other work has been done in or upon the streets, alleys or public passage ways bounding, adjoining or laid out and opened for the use of the premises in question, within six months last past except such as have been fully paid. And further that she is not the Emma Morris against whom a certain judgment of Three Hundred ($300.00) Dollars appears of record as of C. P. No. 1, March Term, 1907, No. 331, and that she makes this affidavit for the purpose of inducing the Title & Trust Company of Philadelphia, Pa., to remove the objections noted on the settlement certificate and to issue its Policy No. 31245 insuring the title of premises No. 1132 So. E Street. Sworn and subscribed to before me the day and year aforesaid. ROBERT ROE, Notary Public. Commission Expires February 1, 1911. 216. Agreement of Sale of Real Estate. See form, Paragraph 44, page 52. 217. Agreement of Sale by a Builder. EMMA C. MORRIS. THIS AGREEMENT, Made the first day of November, A. D. 1912 Between Oscar K. Andrews, of Philadelphia, Builder, of the first part, and Herman S. Schmidt, also of said city. WITNESSETH, That the said party of the First Part, for the consideration hereinafter mentioned, doth hereby, for himself, his heirs, executors and administrators, covenant, promise and agree with the said party of the Second Part, his heirs and assigns, that he, the said party of the First Part, shall and will, on or before the First day of December next (1912), at the proper costs and charges of the said party of the Second Part, his heirs. and assigns, by a good and sufficient deed of conveyance, grant, convey and assure, unto the said party of the Second Part, his heirs and assigns, All that certain lot or piece of ground, with the 2 story brick messuage or tenement thereon erected, situate on the South side of C Street, (No. 4221) at a distance of 32 feet West Ward from the West side of F Street, in the 50 Ward of the City of Philadelphia. Containing in front on said C Street 16 feet and in depth 95 feet. And the said party of the Second Part, for himself, his heirs, executors, and administrators, doth hereby covenant, promise and agree, with the said party of the First Part, his heirs and assigns, that he, the said party of the Second Part, shall and will well and truly pay unto the said party of the First Part, his heirs and assigns, the sum of Four thousand ($4,000) Dollars, as follows, viz.: One hundred ($100) Dollars, part thereof upon the execution of this Agreement, the receipt whereof is hereby acknowledged; Fourteen Hundred ($1400) Dollars, other part thereof in cash at the time of settlement, which is to be made on or before the said First day of December next (1912); Two Thousand ($2,000) Dollars, other part thereof to be secured thereon by a purchase money Bond and Mortgage drawn in the latest form, to contain Attorney's fee and tax receipt clauses, payable at the expiration of 3 years with interest at the rate of five and four-tenths per cent. per annum. The remaining part thereof to be secured thereon by a Bond and Mortgage, drawn in the latest form, to contain the Attorney's fee and tax receipt clauses, payable in monthly instalments, of not less than Fifty ($50) Dollars per month, so that the whole amount shall be paid within ten months with interest payable monthly, the rate of six per cent. per annum. Under and subject nevertheless to the express condition and restriction that no building hereafter erected on said above described lot shall approach nearer than 10 feet to the south building line on said C street, and that any building erected thereon shall not be sold to, or used or occupied by any other person than one of the Caucasian descent only during a period of ten years from the date of the deed to the purchaser under this agreement. It is also further agreed by the parties hereunto mentioned that time shall be considered as the essence of this agreement, and that the sum of One Hundred Dollars paid at the execution hereof is to be considered as liquidated damages and forfeited by the party of the Second Part to the party of the First Part, in the event of the failure of the party of the Second Part to make settlement at the time above set forth. The said premises are to be conveyed clear of all encumbrance, except as above mentioned. Possession is to be given at the time of settlement. All perpetual policies of Fire Insurance to be paid for at withdrawal value and term policies at proportionate value for unexpired term. Taxes, Water Rent, Interest on encumbrances (if any) Rents, &c., to be apportioned at date of settlement. The title is to be good and marketable and such as will be insured by the Blank Title and Trust Company. If for any reason a good and marketable title such as will be insured as aforesaid cannot be made this agreement shall be void and the sum paid on account as above provided shall be returned by the party of the First Part to the party of the Second Part in lieu of all claims for damages or otherwise. All communications between the parties hereto, either verbal or written, with reference to the subject matter of this Agreement are hereby abrogated; and this Agreement duly accepted and approved, constitutes the sole Agreement between the parties hereto, or upon either of them. The said party of the Second Part hereby agrees to accept the bond of the said party of the First Part in the whole amount of said purchase-money to indemnify him against mechanics' liens. IN WITNESS WHEREOF, The said parties to these presents have hereunto set their hands and seals, the day and year first above written. SEALED AND Delivered in presence of WILLIAM C. THOMPSON, ROBT. E. RUDOLPH. OSCAR K. ANDREWS. (Seal.) 218. Agreement of Exchange of Real Estate. THIS AGREEMENT, Made the Seventh day of February, A. D. One Thousand Nine Hundred and Eleven (1911) BETWEEN Jacob Reynolds of the City of Philadelphia of the first part, and Isaac Simpson also of said City of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar, in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, and also in consideration of the conveyance of the property hereinafter mentioned and agreed to be conveyed by the party of the second part, Doth hereby agree to grant and convey unto the said party of the second part, ALL THAT CERTAIN MESSUAGE OR TENEMENT SITUATE on the East side of Fairmount Avenue, between 2d Street and 3d Street, Numbered and known as 221 Fairmount Avenue, in the 11th Ward, of the City of Philadelphia. AND the said party of the second part, for and in consideration of the sum of One Dollar, in hand paid by the party of the first part, the receipt whereof is hereby acknowledged, and also in consideration of the conveyance of the property hereinbefore mentioned and agreed to be conveyed by the said party of the first part, Doth hereby agree to grant and convey unto the said party of the first part, ALL THAT CERTAIN MESSUAGE OR TENEMENT SITUATE on the West side of 52nd Street, between Chester Ave. and Springfield Ave., Numbered and known as 1536 So. 52nd Street, in the 40th Ward, of the City of Philadelphia. AND the said parties hereby mutually agree to make and deliver, each to the other, or to their assigns, and at their own proper cost and charges, a good and sufficient deed or deeds for the conveying and assuring, each to the other, in fee simple, a good marketable title of the property of each as hereinbefore described and mentioned, free and clear of all encumbrance, (except as hereinafter noted). Taxes, water rent and interest on encumbrance, to be apportioned to date of settlement. The property number 221 Fairmount Ave., now owned by the said party of the first part, is to be conveyed subject to a Mortgage of Twenty-two hundred ($2200.00) dollars. AND the property number 1536 So. 52nd Street, now owned by the said party of the second part, is to be conveyed subject to a first mortgage of Three thousand and Five hundred ($3,500.00) dollars, and a second mortgage of Eight hundred ($800.00) dollars. AND for the true and faithful performance of each and every of the covenants and agreements above mentioned, the parties to these presents binds themselves, each to the other, in the penal sum of Fifty Dollars, to be paid by the defaulting party as liquidated damages. IT is further agreed that this agreement shall apply to and bind the heirs, executors, administrators and assigns of the respective parties. IN WITNESS WHEREOF, the said parties to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered in the presence of us JOHN H. ROYER, JACOB REYNOLDS. (Seal.) (Seal.) |