USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1903-1915 > Part 17
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This died , was also the aforesaid note, shall to void. But afew any default in the performance of hervance of the foregoing condition, the vender, or is executors , administrators, in assigns, may well the and goods good chattels at forli' auction, frex games Er days notice in writing of the time and place Leader to miss a my representatives, or publishing buch notice once a week for three successive 0 Esked in some one newspaper published in the suite of Procenter And out of the money aring
& Entitled to retain all sums thew secured by this mortgage, whether then on thereafter payable, including I' crete, chaves, and references incurred or sustained y him on them in relation to the said property, to diechange any chance on liens of third pressores fixing the same; rendering the surplus, if any, in or my secutor, administrators, or assigned. And it is agreed that the vender, or his executors, administrators, or accique, or any person or persons in their bhalf way purchase at any sale wurde the forsaid ; and that until default in the performance on binance of the condition of this deed, I and my executors, administrators , and assigns, may retain possession of the alow mortgaged property, and may use and vajag the same, but after suchas default, the sender ou these claiming under him may take immediate bececcion of the alon mortgaged property, and more wes and enjoy the same , but after such Spaces the under ou thouse chieming sender him take immediate possession of said property, and for that purpose may, so far as I can give authority therefor, writer upon any premises on which sied property or any part thereof may Wsituated, and remove the same therefrom.
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In witness whereof was the said Polit Power and Hellie 6. Thave hereunte est our wander and wcale the first day of Way in The year one thousand
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hundred and mine. Robert Dass. real Mellie 6. tase. Veal
Signed and created in presence of Levere Dr. Creeswell. Received and recorded May 5 th 1909 at 2 of5 oclock P.M. attest Ir S. Duncan Town Clerk.
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know all men by there forecents. That I, Stephens Stoklowas, of Proventer, County of Horcenter, for a valuable consideration, to ms paid by Urnie T. Lately, of That Newton, Counity of Middlesex, executive of the Estate of Odwand Lately, of Fred Autow, County Middlesex, and James M. Rogers, of Worcester, County of Horcenter, doing in Clothing Queiness in Worcester under the firm wares of, Gately x Rogers, the receipt where of I do hereby acknowledge, to hereby design and transfer to said Onfire Clothing Do., all claims and, demande [ which I now have, and all] which within a period of two years from the date hereof I may and shall have argument my heart employer, and against any person whood employ shall hereafter inter, during said two years, for all sums of money luce and] for all eure of money and demande which, at any time within said period may rand shall become due to me, for services as an employer.
To have and to hold the same to the said Empire Clothing To, their Executors, administrative and assigns, to occur is delt
(1) of 18.00 dollars [ with interest thereow from now? 1908, at the rate of six per cent per annum,) for money goods], actually furmiched by the assignee amount ing to 18.00 , dollars (2) Contracted prior to the execution of this -assignment.
In contracted simultaneously with the Execution of this assignment.]
ad Matress Theres, Inan act my hand this 7 , day of Nov 1908 . 9 h 30 m . G . M. J. Stokloca Signed and delived in presence of fas Il Pogon Received and recorded May 22, 1909
attest 2mm & Duncan Jour Blesk.
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Hanew, Mars, april 20, 1909 A. S. Babcock of Nunew, Mare, am Engaged in the General Merchandise business, known as the City Each Stow, Vanw, Mass., ar Manager. Dr .J. Babcock. Received and recorded Jueves 10 1909, at 10 fff. attest Im S. Duncan Jour Clark.
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This agreement, made this tunity-second day of July A D. 1909, by and Ituren Philip Schnell formerly of Chicopor Hampden County, Massachusetts, now of Thanon, Worcester County, Massachusetts, of the first part, and O. Hugo Friedrich of Holyoke Hampton County, Maceachusetts. party of the second part, and the creditors of mind franty of the first fast who shall accent in writing to the terms of this agreement as herinafter provided, parties of the third fast:
Vitneseth that said party of the first part, in consideration of one dollar and other valuable considerations to him fraud by the party of the second part, the receipt where of is hereby acknowledged , does hereby grant, bargain , sill , assign and conny to the party of the second part all the property and cotate, both vial and personal, of the party of the first part , wherever situate, both within and without said Commonwealth, Excepting only such as by the laws of said Commonwealth is exempt from attachment, a more particular, decerif. tion of the estate and property convey ed bring as follows , viz :
all property of any and mary description, rial or personal, Wherever situated and however described, and Especially all rights in a certain contract dated april 20th, 1908, beturen Philip Schnell and the Franciscan Fathers O.M. C. by Rer. Stanie lave Egetmessiah, O. MC. Rector, for the buildings a church in Chicopro, Massachusetts and, also all suma of money now due on which may become due to said Chilif Schnell from the a Franciecan Fathers O.ANG. or from Per. Stamcelaus Oglueniak or from the Roman Catholic Bishop Springfield, Massachusetts. Together with all the divide, books of account, witten instruments, Evidences of title and papers relating to the busines,
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dealings and property of the fiarty of the first part. Je have and to hold all said real and personal Estate and property to the said party of the second part his heirs, Executors, administrators and assigns Sid Trust, Nevertheless, for the following nses and -purpose, viz .:
Je. To convert all said property, except sand, desde, books of account, written instruments, Evidences of title and Jumpers, into each as soon as in the Judgment of said party of the second want it ew I dont conveniently , and to the bet advantage; and for that purpose to call said property or any fast thereof at public, auction or private sale to euch person or persons and, on such terms and credit as said fearty of the second part shall , drew bet, and to carry the property so sold to the purchaser or purchasers, who shall thereby acquis a good title to the property so sold , forv , and discharged of and from all truete And any such purchases or funchacer shall not Is aincurable for the appli- cation of the purchase money. And for the purpose I converting said property into each said party of the second part may continue , and carry on the vennes of the forty of the first part, for a period of Hiim not exceeding - months from the date of this assignment, and Forany further time which the facesties of the third fast may in writing ascent to
2d. In case only and provided that the said varity of the first part shall to adjudged bankrupt 1 My andy District Court of the United States whon la elition bankruptcy filed by or a ganiet said party of the first part within four months after the date of the recording hereof, thew to pay our To the trustee or trustees in bankruptcy of the istate of said farty of the first part, who shall be appointed by the Court in the couver of the proceedings instituted by such petition suche of said Get property or its proceeds,
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Low venerable compensation for services ad trustee under this agreement and chargeel and Expenses, including those for legal services reasonably in. cured by the trustee as aforesand, as such trustee or trustees may be entitled to by law 3d. In case said juanty of the first part shall not be adjudged bankrupt afrore a petition filed as a foresaid, or in case a trustee or trustees of the cetate in bankruptcy of said party of the first ivant shall not be Entitled to sind trust property or its proceeds, they said. party of the second part shall distribute the net proceeds of euch of said trust property as shall not belong to such tinetes on linelees, after restucting suitable compensation for
services as trusted under this agreement, and reasonable charges and capeneed, in. cluding threw for legal services incurred as trustee ar aforesaid, in substantial conforme ity with the case of card Commonwealth relativa to the retales of medvent, lettore, praying to the said party of the first frant such allowances for the support of himself and family and such percentage of the net proceeds of said truet property are the would be entitled to ad insolvent debtor under the laws of said Commonwealth relating to insolvent debtors and their Extrales; pagina debts, of card harly of the first heart due! and owing to parties of the third party sidetted to priority under said laws, in full, should the net procce de of the trust property Is sufficient therefor. otherwise pro rata in the order provided for by the sun ' said Commonwealth whating To the relates a insolvent deflore, and applying the balance of said proces de Equally and vatable, without preference or priority, to the Payment of such dette,
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Bligationer and liabilities
of the party the first really to the parties of the third fast ar and forable against the istate of ined- vent debtors under the laws of said Common- wealth, and are not entitled to priority under ward, laws, and to far the balance of said parecede andi de convers, and deliver the balance of any concommented truet property, after the Nebent in full of allheclaims of the parties of the third part, to the party the first part, respectively, as his interest may applead; to hold as i won absolutely and discharged of and from all truete.
In the course of the execution of the trusts herein created, if any dispute or controurey aries mina and trust property or any portion thereof, or concerning the nature, restence or ambient of any delt or obligations which said party of the first part, or either of them, may owe on which may a claimed to i due from or owing by him then the party of the second party authorized and Empowered to fre such dispute or controway to some disinterested party or parties for final drevion ar to compromise the same in such way or manner , and upor euch terms , ad said party of the second part way, brent tree and Excellent and for the furtherance of the propose of this trust agreement, or to avail himself of any comedies in law on equity; but nothing herew contained shall find any party of the third want to refer or compromise any claim on demand against any other party or parties to this agreement. trud said party of the second fast further author- aged and Empowered to diecharge why liens, mann- francees or mortgages, on said huet property, or my past thereef, if the lever it cree and shedient so to do. 11th Nhow the creation of the trusts created by this aquiment to returns all said leede,
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looks d'accent, warten conchrumente, ondeneed of title and paper to the party of the first part, the same Trung excepted from the power of sale given to said party of the second part
And this agreement, untawerth that it is agreed. by and letuson the parties to these presente that any provision herein contained which is contrary to the laws of said Commonwealth (or, if said jutted of the first feast shall a adjudged bankrupt upon a petition in tank. ruptcy filed by on against said part of the Livet part within four months after the date of recording here of contrary to the bankruptcy laws of the "I'mted States) shall be deemed nugatory; hat no creditor shall be deemed a party to this agreement or entitled to the benefit of its provisions who fails to accent in writing to the terms of the same within enty drugs from its date; but such arecent may be expressed other by signing these presents or by signing , and delivering to the party of the second part any other writing expressing an accent to the terms of this metru- mint; provided, however, that any person who is a creditor of the party of the first part on the day of the date of this indenture may beom a party hereto after said sixty days with the consent of sand pearly of the second fart, Expressed i'm waiting, if the party of the record part el fit to each concert that said party "of the second fract accepts the truet heren created, and covenants and a grave with the parties to this agreement that he will faithfully and impartially veut the cama. It bring agreed and understood, however, by and blueen ice the parties to This agreement that the quarter of the. second svart shall not the accountable, or
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held liable for any loss or damage not occasione by this willfind neglect or gross negligena. hal said farty the first part hereby courants and a gyors with the remaining parties to this agreement he will Execute and deliver any and all papers reasonably necessary and convenient to vet his tilles to said trust property in the party of the second part or to swallow have to collect, recour or conny the same , or any part thereof. And the sand party of the first fast dove hereby constitute and appoint the said party of the second part and his successor or successors in this truet, his attorney incrocally, with full power of substitution, Hereby authorizing him in his own name, or inthe names of the party of the first part, to institute prosecute and defend all suite at law or in Equity or other proceedings, to Execute birds, vileaces, acquittances and other writinge, whether the same Wunder oral or othervier, and generally to do all acts, matters and things necessary and proper to carry into Effect was perform the trusts herein declared, , as fully and Effectively as paid party of the first part could do if theer presents had not hun made
And said franties of the third fart do hereby severally, and respectively agree to accept and take in full payment, satisfaction and discharge (Excepting as hereinafter provided) of call and singular their, debts, claims, derwands and caused faction against said party of the first part of ither of them, which are provable against the states. insolvent debtors under the laws of saith Commonioratth, Existing at the date heart, whether payable now on at some facture times, the Mindende which shall be payable to said parties of the third fruit, respectively, under the provisions of this agreement. And card fraction of the third
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fast do hereby severally and respectively, sach, and rury our of them, release, acquit and forever discharge said party of the first part from all such claims, dette and domande, excepting as vereinafter provided, viz :
Provided, however, that in case the party of the first part shall h, adjudged bankrupt grow a petition filed by - or against him within four months after the date of the scording of this agreement, the for going isleaves and diecharge and courants inpeace, and, discharge shall I void as to wich of said debts, demands, and claims , as may Is provable against the state inistates of said bankrupt, and the dividends, if my, which shall have been paid to the parties If the third fruit, respectively, upor sand ast described debts, demands sind claims how said trust property or its proceeds under this agreement, shall merely reduce the said
tette, demands and claims to which said payments shall have been applied to the atent of the amount of such fragment, and the said debts , demands and clamie 20 reduced shall Is valid and enforce able against the parties owing the same and provable in bankruptcy againex their patates.
Und provied, wither, that the parties of the think part who hold any notes, cette or account. against the party of the first fast, or wither of them , which are guaranteed, on endowed by any other farty or parties, or for which any other party or quartier were liable as sureties, guarantees othersites, do hereby expressly reserve all rights and remedies against euch surities, guarantor, indovere and persone so liable to then and provided, further, that no franty of the wind frant holding security that
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a dois hereby release or imfrais or in any manner Effect his right to such security; but if the security is afficute! under the moderncy laws of said Commonwealth to the payment of the claim or delt by it secured, the creditor icheditore, who ard ou chael beams parties to this agreement, holding euch ecurity shall receive and Is Entitled to dividends on only so much of the claim or delt as remained after deducting from it the amount received from a sale of such security, ofwhich cale and the time and place thereof such creditor or creditors holding each security shall give the party of the second fait a notice of at least 20 days Orfor the same.
Nothing herein contained shall prevent the party of the second part from also booming partyof the third part under this agreement. In witness where of the parties of the first and second warte and parties of the third want herewrite set their hands, and common Real the day of the date first alou wittew. Philip Schnell Seal
E. Hugo Friedrich freal
1. P. Avery to both Commonwealth of Massachusetts. Hampdow S.S. July 22 A.D. 1909. Then personally appeared the alow-named Philip Schnell and E. Hugo Friedrich and severally ackguyledged the foregoing instrument to be the free act fand deed kfow ms, Nathan J. Chery
Justice of the Fence. Received, and recorded Friday, July 23rd 1909, at 9 oclock A No. attest: Im J. Duncan Down Clock.
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Know all new by there presents that of. Patrick Lyone of that fact of Nanew known as That Thanon in the county Commonwealth of Massachusetts, in consideration of One Hundred and Fifty Seven Dollars paid by Abraham & Cresswell of That Brookfield in and county the receipt whereof is hereby acknowledged, do hereby grant, sall, transfer, and deliver unto the said abraham I. Cresewel the following good and chattels, namely:
Eight black and white cours! Two red couve The white cowe Six Black and white heifers Two black bulls.
all of said animale bing ow my farm, Which is known as the Orcutt farm, situated on the Gilbert Toad es-called in said They Namu.
To have and to hold all, and singular the said goode and chattels to the said abraham I Presence and his Executive, administrators. and assigns, to their www med and behoof foren.
And I hereby conwant with the under that I am the lawful owner of the said goods and chattels; that they and ree from all incumfrances, that I have good Ought to sell the same as a foreward; and that Will warrant and defend the same against the lawful claims and demands of all Нечета
Provided nevertheless that if I, or may Executors, administrators, on assigner shall hay unto the vendre, or tes executare, administrators, or assigne, the cus- of One Hundred and Fifty Ser Dollars on Demand with internet is stated in my note of au dax
Sheely racknowledge full payment, and satisfaction of the withus mortgage
and usegment ared hereby discharge the summer,
Received + recorded Jaw 131910 WR 8.30 A.M. Om Ducan Then Click
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signed by mr, and until such payment shall kich the Raid goods and chattels insured against fine in a sun not less than a reasonable amount for the benefit of the vendor and his Executors, administrators, and assigns, in such form and in such Insurance Companies as they shall, afferors; shall not warte or destroy the said guide, and chattele, nor suffer them or any part thereof to I attached on meand process, and shall not, except with the consent in writing of the vendor or his representations, attempt to sell or to remove from said farm. the same or any part thereaf,- then this bird, as also the aforesand not, shall be word.
But upon any default in the performance n observance of the foregoing condition, the vendor or his executors , administrators, or assigns, may sell the said goods and chattels , at public auction , first giving seven days notice in writing of the lime and place of sale to ms on my representative, or publishing such notice once a wick for thise successive rucks in some one nevelpaper published in said Bounty. And out of the money arising from such sale the audio, av his representatives. Shall be entitled to retain uit eumal thew secured by this mortgage, whether they are there after fray able, including all costs, charges , and saperees incurred or sustained by minu ir them in relation to the said property, or to discharge any claims or bene of third persone affecting the same; wondering the euplus, if any, to mel ou muy trecutore, administrators, wassigne. And it is agreed that the undre, on his sectores, administrators, or accions, or any person in personer in their behalf, may purchase at any sale made ras afrisaid; and that until default in the performance observance of the condition of this died I, and my Executors, administrators,
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- and assigned, may retain possession of the abou mortgaged property and may use and Enjoy the same, but after such default, the vendor, or those claiming under him may take immediate possession of said property and for that purpose may, so far as I can gin authority therefor, inter upnow any premises on aparzy that there of which said property away to situated, , and remove the can there from.
In witness whereof I the said Patrick Lyons herevuto set my hands and scal this twenty seventh day of July in the year one thousand nine hundred and now. Patrick Lyons Gal Signed and Realed in presence of
Received and recorded July 28 190 9 at 130 velock A.M.
attest The S. Duncan Town Clark,
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Know all new by these Trecute that & Marie Goldbing of West Hamen in town of
Havu, Hovecter Bounty, and the Commonwealth of Massachusetts; in consideration of Nineteen Hundred and Thirty Dollars, paid by Jacob Suitzky of Springfield, Hampden County in said Commonwealth, the receipt whereof is hereby acknowledged, do hereby grant, sill, transfer und deliver unto the said jacob Switzkey the fall. owing goods and chattels, namely: fifty tons thay; ter tons of groen vate; recently cut, two cours; two heifers; and our bull; four horsed; our eart; one milk wagon; and ruller time buggy; one carriage, the same bring located in and on the farm owned by mis in said That Wasser ; also fine weres of com; three acres of potatore now in the ground on said farm. Said Sitzkey to take possession of sams where they we now located. Low ,or before October 1 st.
To have and to hold, all and singular the said goods and chattile to the said Jacob Juizkey and his Executive, administrators and assigns, to their own ves and thoof forever And I hereby covenant with the avantee that any the lawful owner of the said goods and chattels; that they are four from all incumbrances, that I have good right to sell the same as aforeand and that Iwill warvant and defined the cam against the lawful claims and demande of all persone
In witness whereof I the said Heanie Goldberg herewith out my hand and scal there tunity - fourth day of august in the year on thereand nine hundred and none Signed, sealed, and delivered in preand if Jongste Clough. Hanis Goldberg Decenid and recorded September 49909 at 7 ACH. attext: Der-Duncan Pourlebet.
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Discharged
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1. On the farm of Iva M. White which is particularly described in a dead from Francis Jonce to nathan M. Southwick dated Ifix it, 1909 recorded with Worcester District Drede Book 1913 Page 421.
" certain traite situate in card Han wow farm, of said Ira M. White and ring the same , described in a dead from said White to said Southwest, dated Dec. 31, 1908 And recorded with said Registry 1 1913 Jagu 489. 3. Bring the first described tract described in a deed from com Porodeur
Know all min by there Presents that W. Albert n Coney, James A. G. Hoyt of Man and E.F. Shumway of Belchertown, all in Hampehin County, Massachusetts in consideration of Four Thousand Dollars fraid by George . Campbell of said Han the receipt whereof is hely acknowledged, do hereby grant, sill, transfer and deliver unto the said George P.Campbell Ree the following goods and chattele, namely: All the Standing timber true, and wood of Every description purchased by us of Nathan H. Southwick and all the foregoing Ering situate in Harw in the Country of Procenter and, on certain real estate , as described in a certain dead to us from id Nathan M. Southwick, dated Scht. 8, 1909 to be recorded with Worcester District Diade. This mortgage is to cover on all said lumini, timber, trees and wood in whatever form samu now is and came may h during the process of cutting, sawing and other fornecer of manufacture and the same has LIEN manufactured and stuck up od in whatever form sann may In at any time. The said real cetate consists of the following described tracte :
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to said Southwick Dec. 21, 1908, and recorded with said registry Beck 1913 (Page 489 and sitwater in the Southerly site of Nord Street. 4. Il certien tract on the Northerly side fraid Road Street and described in said dood from Brodeur to said Southwick.
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