USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1895-1904 > Part 32
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Ist. Three late of land and four water rights described in deed of D. Olin Clark to said Panedell datea. December IS, 1893, recorded in Correctes. 9 F 2 nd. a certain lot of land with built
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Lige thereon in said village of Warren, mnoeyed to said Ramadell by deed of Alexander G. Rich dated August 30, 1884, and recorded in said worcester district Leeds libro 1210, folio 170 to which record reference may be had.
3rd. A tract of land in said village of Warren, conveyed to said Ramadell by desse t. Forbes guardian of Sun M. Lilley by deed dated May 29, 1880, recorded in said Worcester distruct deeds bilir. 78, folio 122 to which record reference many he had.
4 th. a portion of a parcel of land ying worth of High street in said illage of Harren conveyed to said Ram- dell by Joseph A. Hastnigs by deed dated april 12, 1881 recorded in Worcester district deede libro 1210, folio 168 to which record reference may be had, and any record showing conveyance of a part of the premises described in Said deed.
th. Another parcel of land in vand village of Karren with three cottage houses thereon, being a portion of the premises described in deed from Frank. Sin Drury to said Rame dell dated April 30, 1872, recorded in said Worcester district deeds libro 886, folio 227, benig all of the premises described in said deed except such portions ar have been previously conveyed by said Pamodell to other parties by deede duly recorded, to all of which recorde reference may be had.
6th. a parcel of land with buildinge therean extrated on Hayden street the city of Springfield, converted to
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card Damodell by Philip Ht Potter et al., on the deed dated December 19, 1896, rupted with Hanapden country deeds Libro 560, folio 229 to which record referen 3:1
" the a parcel of land extracted. trouw of illrahan, top of Harfu den being a portion of the premises com? vered to said Panna dell by deed of 1
Der. a Lance dated Decen w 31, 1889, 20 corded with Hampden county deeds? libro 463, folio 297 to which record and a record of other -deede made by said Pamodell conveying to other parties portions of the premises described in euch deed, reference may be had. 8 th. Fourteen shares of the Waren Building + Improvement Cv, a corpo- vation duly organized under the lave of the commonwealth of Mars achucette, and having its usual place of business in said Narren. 9th. Two promissory makes of Sev. M. Le & Cn, dated April 11, 1900,- and april 18, 1900, each form the sum of $1000.
10 th Certain promissory note of the Slater Engine Cv., with accrued intere - thereis as follows, - Savary 29, 1897 2500.00 June 1, 1898 3458, 21
June 29, 1900 9000.00
May 31, 19:02 1000.00
20 3 0, 1 9 01 3000.00
1 February 21, 1903
3000. 00
March 28, 1903 1227.00
January 28, 1903 600000 April 13, 1903 5 0 0 0. 00 11th. The right of redemption of stock.
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12 th. Any zy have to 0.000 tartes aunque di1 1 Varrege Bank, the Southbridge Rational Bank and the Spencer Hat was Ranh collateral se doused by said. hai dell. Together with all the dixdes, frohes account, written otras mente, internet of title and papersrelating to the business, dealings and property of the party of the first part.
To have and to hold all said real and personal estate and property to the said party of the second part his here, executors, administrators and assigne On trust, Nevertheless, for the following uses and purposes, wig .: Ist. To convert all said property, except said deeds, books of account, written instruments, evidences of title and pap. here, into cash as soon as in the judgment of said party of the second part it can be done conveniently and for the best advantage; and for that purpose to sell said property for any part thereof at public auction or private sale to such person or persons and on such terms and credit as Raid party of the second part shall deen beat, and to convey the property er cold to the purchaser or purchaser, who shall thereby acquire a good title to the property or sold, free and discharged of and from all trusts. And any euch purchases or purchaser shall not be answerable for the appli.
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cation of the purchase money. And for . the purpose of converting said property muito cach said party of the second hart may continue and carry on the business of the party of the first part. for a period of time not exceeding months from the date of this aring. ment, and for any further time which the parties of the third part way writing arsent to
2.d. Incave only and provided that the sand party of the first part chal! be adjudged bankrupt by any District Court of the United States upon a petition in bankruptcy filed by or a garnet vaid party of the first part within four months after the date of the recording here of, then to pay over. to the trustee or trustees in bankrupto. of the estate of said party of the first part, who shall be appointed by? the Court in the course of the pro- ceedings instituted by such petition, euch of said trust property or its pro -! seeds, leve reasonable compensation for services as trustee under this agreement and changes and expenses, including those for legal serances reasonably incurred by the truckee . .. aforesaid, as such trustee or trustees may be entitled to by law,
Id Sa care vard party of the fact part he'd not be adjudged bankrupt upon a petition filed as afaresaid, orin. com a trustee or trustees of the estate la hauptany of card party of the first hast shall not be entitled to said tweet property or ate parecede fem wait a 1 the second hand
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distribute the net proceeds of euch of and trust property as shall not belong to euch trustee or trustees, after deduct ing suitable compensation for his services as trustee under this agre .. irent, and reasonable charges and expenses, including those for legal xiv ices incurred as trustee as aforesaid, substantial conformity with the lane of said Commonwealth relating to the cetales of insolvent debitore, paying 1: the sand party of the first part auch allowances for the support of him self and family and such percentage of the net proceeds of said truet property as he would be entitled to as insolvent debtor under the laws of said Common. wealth relating to ane event debitore and their estates; paying debite of ward harty of the first part due and owing to parties of the third part entitled to priority under said laws, in full, should the net proceeds of the trust property be sufficient therefor, otherwise horata in the order provided for by the laws of said Commonwealth're. lating to the estates of insolvent debitore, and applying the balance of card proceeds equally-a-m-dat ably, the out preference. or priority to the fragment of such debts, obligations and liabili. ties of the party of the first part to the parties of the third part as were prov. able against the estates of insolvent debitore wonder the dames of Raid Con carne) wealth and are not entitled to pracownicy under card laco, and to pay the balance of said proceeds and to convey and deliver the balance of any un converted
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full of all the chance of the parties of 2 part, respectively, as his interest may appear; to hold as his own absolutely and discharged of and from all trust I.d., the aforeand distribution thenet proceeds of participeproperty chall in the first instance be applied. in fragment of the past and Radas conexe to the patriot the thirdspan and, if more than sufficient for each purpose, the changes in the bat ance belonging to each party of the first part shall be applied in payment of his private indebteduces to the parties of the third part. And the net proceeds of the private property of each party of the first part aball be applied in payment of his private indebtedness to the parties of the thing part, and the balance there of to the payment of partnership indebtedness to the parties of the third part.
In the course of the execution of the truste herein created, if any dispute or controversy arice concerning was to trade property or any portion there of, or concerning the nature, existence of amount of any debt or obligation which end party of the first front for either of them, may owe or won. if may be claimed to be due from. . owning by him then the party of the second part is authorized and en powered to refer such dispute or controversy to some disinterested party or for Free for fo as to compromise the same in auch
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way or manner and whowe such terms as said party of the second partmay Heem wice and expedient and for the furtherance of the purposes of this trust agreement, or to avail himer. of any remedies in law or equity; but nothing herein contained shall I amog party of the third part to refer or compromise any claim or demand against any other party or parties to this agreement. and aid party of the second part in further authorized and empowered to discharge any liens, incumbrances mortgages on said trust property, or any part thereof, if he deems it vice and expedient to to do.
4 th. Upon the execution of the truste created by this agreement to return all said deeds, books of account, written instruments, evidences of Litle and papers to the party of the first part, the same being excepted from the power of sale given to said harty of the second part and this agreement further withes seth that it is agreed by and between the parties to these presents that any provision herein contained which is contrary to the laws of said Commonwealth (or, if said party of the first part of all be adjudged bankrupt upon a petition in bank ruptcy filed by or against said party of the first part within four months after the date of the recording hereof, contrary to the bankruptcy laws of the Asked States call the desired predator 2.
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teemed a party to this agreement entitled to the benefit of its pro. visione who fails to accent in word g to the terms of the same with sixty days from its date; but euch recent may be expressed either by signing these presente or by signing and delivering to the party of the record part any other writing express ing an accent to the terms of this metrocomment; provided, however, that any person who was a creditor of the party of the first part on the day of the date of this indenture may becovid a party hereto after said erity days. with the consent of said party of the second part, expressed in writing, if the party of the second part see fit to give euch couvent; that said party of the second part accepte the truite herein created , and covenants and agrees with the parties to this agree" ment that he will faithfully and impartially execute the same. It Ling agreed and understood, however, by and between all the parties to"? this agreement that the party of the second part shall not be accountable ar held liable for any loss or damage: not occasioned by wilful neglect or grove negligence That said party of the first part .7
the remaining parties to this agreement that he will execute and deliver any and all papers reason .. ably necessary and convenient to next title to said truet property the party of the second part or to
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2 1 able him to collect, recover or county the same or any part there of had the and party of the first part dow hereby constitute and appoint the said party of the second part and his successor or successors in this trust, his attor- vey urevocably, with full power of sube. tition, hereby authorizing him in his from name, or in the name of the harty of the first part, to matikute, prosecute and defend all suite at Law or in equity or other proceed- hugo, to execute deeds, releases, acquit tances and other writings, whether. the same be under real or otherwise, d . generally to do all acte, matters and things necessary and proper to carry into effect and perform the Fructe herein declared, as fully and effectively as said party of the first part could do if there presents had not been made. And said parties of the third part do hereby severally and respectively agree to accept and the in full payment, cat factcom and de charge ( exceptrugas herein after provided) of alla de queav their debts, claims, demands and canale of action against said party of the first part, or either of them. which are provable a gammel the estatee insolvent debitore under the laws of and Commonwealth, existing at the tate hereof, whether payable now or at Bonne facture twice, the dividende which shall be payable to said parties of the third part, respectively, under the provisions of this agreement. And said harties of the third hast do hereby
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severally and respectively, each and. every one of them, release, acquit and forever discharge card party of the first part from all euch cha deble and demands, excepting as
Provided, however, that in case the party of the first part shall be adjudges bankrupt upon a petition filed by or against him within four months after. the date of the recording of this agree. ment, the foregoing releases and die. charges and covenante to release and? discharge shall be void as to such. of card debt, demands and clannie ar may be provable against the estate or estates of said bankrupt, and the dividends, if any, which shall have, been paid to the parties of the third part , respectively, upon said last described dette, demands and claims from said truet property or its pro. ceede under the agreement, hall merely reduce the said debts, demand and claimis to which said payments chall have been applied to the extent of the amounts of such payments, and the said debite, demands and clarice to reduced shall be valid and enforce ble against the parties owing the a ands provable in bankruptcy against their estates.
and provided, further, that the parties of the third part who hold any noter debite or accounts against the party. the first part, or either of them, which are guaranteed or endorsed by any other party ar parties, or for which any other harty or parties are liable as sureties
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guarantor or otherwise, do hereby expressly everve all rights and remedies against uch sureties, guarantor, indowsers and hereare co liable
Und provided, further, that no party of the third part holding security at & does hereby release or impair or in my manner affect his right to such security; but if the security in applicable under the insolvency lave of said Common. wealth to the payment of the claim or debt by it secured, the creditor or credi- Fors, who are or shall become parties to this agreement, holding such security hall receive and be entitled to dividends n only so much of the claim or delt as semaine after deducting from it the amount received from a sale of such security, of which sale and the time and place there of such creditor or credi- For holding such security shall give the party of the second part a notice of at least five days before the same. nothing herein contained shall pre- ent the party of the second part from les becoming party of the third party under this agreement.
:
In witness where of the parties of the first and second parks and parties of the third part hereunto set their hands and common real the day of the date first above written.
William B. Ramadell Real George W. Anderson Real
Commonwealth of Massachusetts. Pareceter Ss. May 25th a. D. 1903. Then here wathe appeared theado.
C -
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William B. Pannedell - and -George . Anderson and acknowledged the foregoing instrument to be their free act and deed, before me, Edward P. Tay Notary Public
Received and recorded May 26, 1903 at 5. 13 N. M.
Attest
Chas . Blair, Towne Clerk.
Attachment notice Westchester Traction Company, a corporation having ite nonal place of business in the city, County and State of New york. Dependent. The Southbridge National Bank, a banking corporation, having ite wewalk place of business in southbridge our Country of Worcester, State of Marcacharrette. Plaintiff. Arit served June 3, 1903 at 35 minutes hast 4 -ochrate in the afternoon by W. A. Putnam, Deputy Sheriff. Filed June 4, 1903 at 9-10 a. m.
Attar Chan B. Blair. Town Clerk.
:
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Know all men by there presents that I Louis Rogers of Warren , Worcester County Massachusetts in consideration Loventy three toilare paid bythethames Smith of said Warren the receipt where of is hereby acknowledged, do hereby grant, sell, transfer, and deliver unto the said William a. with the following goods and chat. tels, namely:
All the tools (with the exception of an anvil and time bender) which I now row and am weinig in my blacksmith. hop on the Ware road in the village I Jest Warren, so called, in said Warren. To have and to hold all and singular The said goods and chattels to the and William A. Smith and his executors, administrators, and assigns, to their wow wee and behoof forever.
And I hereby covenant with the vende Hat I am the lawful owner of the said goods and chattels; that they are free from all incunchances, that I have good right to sell the same as afare. aid; and that I will warrant and defend the same against the lawful claims and demands of all persone. Provided, nevertheless, that if I, or my executors, administrators, or assigne, shall pay into the vender, or his exec. cum of Twenty three dollars On demand from this date, with interest as stated in a note of even date signed by me, and mortil such payment shall keep the ad goods and chattele . enred against fire in a sun not less than wenty three dollars dollars, for the
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benefit of the vendee, and his executor administratore, and artigue, in such form-and in euch Queurance Or frances as they shall approve; shall of waste or destroy the said gode and chattels, nor suffer them or any hart there of to be attached on me ... process, and shall not except with the courent in writing of the verde or his representatives, attempt to cell or to remove from Warren the came or any part thereof, - then the deed, as also the aforesaid mote. email be void.
But upon any default in the per. formance or observance of the fare. gaining condition, the vender, or his executors, administrators, or avergues way sell the said goods and chat! tele, at public auction, livet gang 14 days notice in writing of the time! and place of sale to me or my repre." tentatives, or publishing auch notice. once a week for three successive week in some one newspaper published vaid Warren. And out of the money arising from such sale the vender, titled to retain all ium then secured by this mortgage, whether them or thereafter payable, including all corte, charges, and expenses my crowned or enetacied by havn the in relation to the said property, M to discharge any chanie or lie. of third persons affecting the cars. rendering the surplus, if any, France or any executors, administration at assique.
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1 ·i executive, adminiet are, or assigne or any person or persons in their be alf, may purchase at any vale made. as aforesaid; and that until default the performance on observance of the audition of this deed, and my execu. tore, administrators, and assigns, may strin proveexecu of the above art. pagedi fertig, andrayures rd gay the same, det store ch default, the e tie or those claiming inter in may take immediate pres ervon f raid property, and for that perface. 10. 2
therefor, enter upon any premises on which said property or any part thereof may be situated, and remove the same therefrom.
Un witness where of I the said Louis
this forthe day of france in the upp is one thousand were hundred and three Liquid, and Rivaled
in presence of O E Lombard mark
Laura X 'Rogera Real
Received and recorded fume 6, 1900 at 9-38 a. m.
Attest Chas B. Blair Town Clerk.
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Know all Men by these Presente that I, William E. Cummings, of Warres in the Commonwealth of Massachusetts 2 consideration of twenty women della faro by E. V. Wilson of athol, said Commonwealth, the receipt of which in here by acknowledged, to hereby grand well, transfer, and deliver into the card E. V. Wilson the following good. and chattels, namely; two pair team. havees; two pair team hamers; two. two-horse slede; one Concord buggy twoo tror- horse trucks; and all the household furniture of every descrip tiow now in my possession in Ferment occupied by me in said Warren.
To have and to hold all and sing ular the said goods and chattels to the said E. V. Wilson and his executare, administrators, and - arrigue to their use and beloof forever. And I hereby covenant with" the grantee that I am the lawful owner of the said goods and chattels. that they are free from allecacao brances, except to mortgages, that I have good night to sell the same av aforvard; and that iwill 2. vant and defend the same against the lawful claire and demande of all heverve.
Provided nevertheless that if I for my executors, administrators, or arrigue? ball hay unto the grantee, or his executare, administrator, or arrigue the sum of twenty-seven dollari, being the amount of the loan hereby. wed together with From dollars
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which is hereby mutually agreed to The the expense of making and secur ing said loan, in six month from the date, with interest pay ables north y at the rate of tomor per cent per month as stated in note of even date signed by us, and tatil euch pay. mont chall kesh the sand go- de ared hattels insured against fire in - a fun not less than dollars for the benefit of the grantee and his executors, administrators, and assigns, in such form and in such Insurance Companies as they shall approve; hall not waste or destroy the said goods and chattels, nor suffer them Mr. any part there of to be attached In mence process, and shall not, ex. eft with the consent in writing of the grantee on the representatives, therapt to sell or remove the cave for any part there of,- then this deed, he aler the afores and wate shall be aid But upon default in the performance or observarone of the fore going Conditions The grantee or his executors, adminis. tractors, or assigns, may sell the said de and chattels or any part there of either in one lot of ugly at their election, by public -auction, first- growing to me or my representatives notice as required by Lection five of Chapter one hundred and wasty- eight of the Revised Laws, seven days at least before auch sale; and out of the money away from each cale the manter or have represent ative shall the € titled to retain all sume then secur.
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Ed by this mortgage, whether then or thereafter payable including all corte, charges and expenses of such cale or incurred or sustained by hear them in relation to the one property, or to discharge any claire or lieve of third parties affecting the same; rendering the surplus, if any, to me on my executors, and strators, or assigne; and the grante or those claiming under him or any person or persons in his or their behalf may take immediate forse of said property and for that pur. poel way, so far as I can give author. rity therefor, enter upon any fremice. on which said property may be situated, and remove the came Fierefrom.
And it is agreed that the grantee ar hie executors, administr ations on alergias, or any person or persons + in their behalf, may purchase at any cale ade as afarecard, and may take proces sion of said property when ever they deem it necessary to protect their interests, That no one but the grantee on hoe representatives while he rechargeable for the appli cation of the each caler; and that the grantes hall not be beable for any changes or expenses for the care, keeping, wo having, or improving said property ar for rent or storage there of. On witness where of o the card William E. Cummings hercunto set hand and common real this sixteenth day of time in the year
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thousand
Im presence
Received and recorded June 16, 1903 at 8.30 a. m. Attest Chas S. Blair, Town Clerk.
Know all men by these presente that I Catherine Downey of Warren in the part thereof called theat Waren Worcester County Massachusetts in consideration of One Thousand Dollars hand by Florence B. Lrucola of Land Faren the receipt where of is hereby acknowledged, do hereby grant, sell. transfer, and deliver into the said Florence B. Lavicolo the following goods and chattels, namely: One Upright Prawo Trowbridge Praco Company make - also Piano Stool Scarf-one marble top Black Walnut able - Parlor Left of Six preces all stuffed- including large Stuffed hair and Sofa Six Ruge in Parlar a large Lamp, red globe, one Ouyx Stand, one Prawo lamp, Dix pictures in parlor, parlor Carpet, Parlor Clock, havis lace Curtanis one parlor Stove, another lamp for Center table Fitting room Carpet, one extension Lering table - one rake side board with mirror, 10 more Rouge - L. During Charis 6 more Rocking Chaire- Stand in
- une extension
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table
-1
1
de
1 ator - four Springe for beds 1 . AZ L Y
twor straw Mattings for bedre Ale all my other household furni ture and personal property, and all the personal property which becomes mine during the continuant of this Mortgage - aler are Leaving? Machine White Make-
To have and to hold all and sing. ular the said goods and chattels. to the said Florence B. Lincoln and" her executors, administratore, and resigns, to their own wee and
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