In the main body of the mortgage indenture (pages 65-68):
No. 62623
This Indenture , made ( in duplicate) the second day
of February
one thousand eight hundred and eighty five , In pursuance of the
Act
respecting Short forms of Mortgages : Between Alexander
Sovereen of the Township of
Windham in the County of Norfolk
Yeoman , hereinafter called the Mortgagor , and
Elizabeth Sovereen ,
his wife of the first part ; and the Hamilton Provident and
Loan
Society " herein called the Society , of the second part ;
Witnesseth , that in
consideration of Three Thousand
seven hundred Dollars of lawful money of Canada ,
now
paid by the Society to the Mortgagor ( the receipt whereof
is hereby
acknowledged ) the Mortgagor doth grant and
Mortgage unto the said The Hamilton
Provident and Loan
Society , and their designs , forever :
All and Singular those certain
parcels or tracts
of land and premises , situate , lying and being in the Township
of
Windham and County of Norfolk aforesaid containing
by admeasurement one hundred
and thirty seven acres
be the same more or less , and being composed of (firstly)
of the
Southerly and West Northwesterly part of the
South half of lot number twenty two in the
Eleventh
concession of the said Township of Windham , containing
seventy six acres
and twenty three perches of land more
or less as also of a central and westerly part of
lot
number twenty one in said Eleventh concession of
said Township of Windham ,
containing by admeasure-
ment thirty one acres and eleven perches of land more
or less
which several mentioned parcels of land are
collectively bounded as follows , that is to
say : Commencing
on the allowance for road in rear of said Eleventh
concession at a
stone set twelve chains and twenty
links Easterly from the South west angle of said
Lot
number twenty two ; thence North fifteen degrees
and forty minutes west , ten chains
and seventy seven
and a half links to a stone planted ; thence South , seventy
eight
degrees and thirty minutes west twelve chains
and twenty links to the westerly limit of
said Lot ; thence
North , fifteen degrees and forty minutes west , twenty
two chains
ninety two and a half links more or less
to the limit between the North and South halves
of
said lot number twenty two ; thence North , seventy
eight degrees and thirty minutes
east , twenty nine
chams and eighty links more or less to the Easterly
limit of said Lot ;
thence North , fifteen degrees and forty
minutes west , fifteen chains and twenty links
more or
less to the south west angle of the North fifty acres of
said lot number twenty
one ; thence North , seventy eight
degrees and thirty minutes East twenty three chains
and
fifty links more or less to the North East Angle of Eighteen
and a half acres of land ,
devised by the late Frederick
Sovereen to the said Alexander Sovereen ; thence South ,
seventy degrees west , seventeen chains and seven links
to a stone set ; thence south
seventy eight degrees and
thirty minutes west , twelve chains and fourteen links
more or
less to the westerly limit of the established road
crossing the said Lot ; thence bounding
thereon south
about seven degrees west , to the distance more or less
to the allowance
for road in rear of said concession
and thence bounding thereon south seventy eight
degrees
and thirty minutes west nine chains and thirty seven
links more or less to the
place of beginning ; excepting
from said parcels of land the school site of half
an acre
as Registered in No 7413 . ( Secondly ) being
composed of the west thirty acres of the
North half
of lot number twenty in the twelfth concession of
said Township of Windham ,
and the said Elizabeth
Sovereen wife of the said Mortgagor , hereby bars
dower in the
said lands .
Provided this Mortgage to be void on payment
at the Society 's Head
Office , in the City of Hamilton , Ontario
of three thousand seven hundred Dollars of lawful
money of Canada , in Gold ^coin^ if demanded ) with interest at seven
& a half per cent per
annum , payable yearly , and compound
interest as follows : The said principal sum to
be paid as
follows : namely the whole sum then outstanding to
become due and
payable on the first day of February
1892 repaying in the mean time one hundred
Dollars
yearly on account of principal with each payment
of interest , with interest on all
unpaid principal in the
mean time , calculated from the date hereof , at the rate
aforesaid , payable yearly on each first day of February
till the whole principal money
and interest are paid ,
The first of such payments of interest amounting to
$277.50 , to be
paid on the first day of February A.D.
1886 ; Together with interest at the rate aforesaid ,
on
any portion of the money hereby secured in
arrear , from the date of default in
payment until
all such arrears are paid , said interest to be payable
with such arrears ,
and taxes and performance of
Statute Labor . Provided that in default of the pay-
ment of
any portion of the money hereby secured ,
the whole principal and interest hereby
secured
shall immediately become payable , the Mortgagor
covenants with the society
that the Mortgagor
will pay the Mortgage money and interest , and
observe the
above provisoes , And the Mortgagor hath a
good title in fee simple to the ded ands ;
and that he hath
the right to convey the said lands to the society ; and that on
default ,
the said Society shall have it possession of the
said lands , free from all incumbrances ;
and that the Mortga-
gor will execute such further assurances of the said lands
as
may be requisite ; and that the Mortgagor hath done no
act to encumber the said
lands , and that the Mortgagor
will excecute such further assurances of the said lands
as
may be requisite ; and that the Mortgagor hath done no
act to encumber the said
lands , and that the Mortgagor
will insure the building on the said and to the amount
of
not less than one thousand dollars ; and that the
Mortgagor doth release to the Society
all his claims
upon the said lands , subject to the said proviso ;
Provided that the Society on default of payment may ,
without any notice , immediately enter upon and
lease or sell the said lands for Cash or Credit ; Provided that
the Society may distrain for
arrears of interest the
Mortgagor agrees that neither the excecution nor
registration of
this Mortgage shall bind the Society
to advance the moneys. And it is hereby declared that
in
case the society satifies any charge on the lands , the
amount paid shall be payable
forthwith with interest ,
and in default the Power of Sale hereby given shall be
excercisable , and in the event of the moneys hereby advanced ,
or any part thereof ,
being applied to the payment of any
charge or incumbrance , the Society shall stand in
the
position , and be entitled to all the equities of the
person or persons so paid off ;
In
witness whereof the said parties have hereunto set
their Hands and Seals
Signed ,
Sealed and delivered }
In the presence of } sgd. A. Sovereen {LS}
(having been first read our and
explained )}
sgd. John H. Ferguson , Name } sgd. Elizabeth Sovereen {LS}
Delhi Residence . }
Insurance
Agent Occupation }
Canada , Province } I , John H Ferguson of the Village of
of Ontario ,
County } Delhi in the County of Norfolk
of Norfolk , } Insurance Agent , make oath
and say
To Wit: } That I know the within named Alexander
Sovereen and Elizabeth
Sovereen and saw them excecute the within
Mortgage and duplicate at the Township of
Windham in the
County of Norfolk and that I am a subscribing witness
to such
excecution.
Sworn before me at the Village of Delhi in }
the County
of Norfolk , this Second }
day of February 1885 . } sgd. John H. Ferguson
(sgd.) W. A. Ferguson }
a
commissioner in B. R. H. }
The source citation for this land deed is:
Norfolk County (Ontario) Registrar of Deeds, #62,623, mortgage indenture of Alexander Sovereen and Elizabeth Sovereen to Hamilton Provident & Loan Society, dated 2 February 1885, registered 3 February 1885; imaged, "Norfolk Land Records, 1884-1886, 1886-1887," FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYS-S7W5-G?view=fullText : accessed 6 September 2024), pages 65-68, images 348-350 of 851; original records in Norfolk County (Ontario) Registrar of Deeds, Simcoe, Ontario, microfilmed and imaged by FamilySearch.
This is a Derivative Source (because it is a court clerk's transcription of the original notice of mortgage indenture) with Primary Information and Direct Evidence of the names of the mortgagor and mortgagee, the land involved, and the dates of the indenture and recording.
Alexander Sovereen (1814-1907) was born 22 November 1814 in Middleton township, Norfolk county, Ontario, the son of Frederick and Mary Jane (Hutchison) Sovereen. He died 15 August 1907 in Windham township, Norfolk county, Ontario. Alexander married Elizabeth Putman (1820-1895) on 3 March 1840 in Norfolk county, Ontario. She was the daughter of John Pieterse and Sarah (Martin) Putman. They had 14 children.
Alexander and Elizabeth (Putman) Sovereen are my 3rd great-grandparents. I am descended through their daughter Mary Jane Sovereen (1840-1874), who married James Abraham Kemp (1831-1902) in 1861.
Copyright (c) 2024, Randall J. Seaver
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