LEGAL BUSINESS FORMS - CHATTEL MORTGAGES.                 159

shall keep said goods and chattels; and also at the expiration of
said time of payment, if said sum of money, together with the
interest as aforesaid, shall not be paid, shall deliver up said
goods and chattels, in good condition, to said AlonzoW. King,
or his heirs, executors, administrators, or assigns.
And provided, also, that if default in payment as aforesaid,
by said party of the first part, shall be made, or if said party
of the second part shall at any time before said promissory
note becomes due, feel himself unsafe or insecure, that then
the said party of the second part, or his attorney, agent, assigns,
or heirs, executors, or administrators, shall have the right to
take possession of said goods and chattels, wherever they may
or can be found, and sell the same at public or private sale, to
the highest bidder for cash in hand, after giving ten days' no-
tice of the time and place of said sale, together with a descrip-
tion of the goods and chattels to be sold, by at least four ad-
vertisements, posted up in public places in the vicinity where
said sale is to take place, and proceed to make the sum of
money and interest promised as aforesaid, together with all
reasonable costs, charges, and expenses in so doing; and if
there shall be any overplus, shall pay the same without delay
to the said parEy of the first part, or his legal representatives.
In testimony whereof, the said party of the first part has
hereunto set his hand and affixed his seal, the day and year
first above written.
Signed, sealed and de- AI
livered in presence of '- AMOS W. BARBER.
ROBERT KENDALL.      J

Remarks.

When the person giving the mortgage re-
tains possession of the property, it is customary
to empower the party holding the mortgage
with authority to take the goods and chattels
mortgaged, into his possession at any time he
may deem the same insufficient security for his
claims; or if he shall be convinced that an ef-
fort is being made to remove such property,
whereby he would be defrauded of his claim,
or for any reason whatsoever, when he may
deem it necessary to secure his claim, he can
proceed to take possession of it; which pro-
perty, after having given legal notice of sale,
according to the law of the State governing the
same, he is allowed to sell at public sale, to the
highest bidder. Out of the money obtained
therefrom, he can retain sufficient to liquidate
his demand, and defray the necessary expenses,
rendering the overplus unto the mortgagor.

Real Estate Mortgage to Secure Payment oi Money.
THis INDENTURE, made this nineteenth day of October, in
the year of our Lord, one thousand eight hundred and seventy-
one, between Benjamin Harrison, of Urbana, County of Cham-
paign, and State of Illinois, and Helen, his wife, party of the
first part, and Robert Fairchild, party of the second part.
Whereas, the said party of the first part is justly indebted to
the said party of the second part, in the sum of Four Thousand
dollars, secured to be paid by two certain promissory notes
(bearing even date herewith) the one due and payable at the
First National Bank in Champaign, IlL, with interest, on the
nineteenth day of October, in the year one thousand eight hun-
dred and seventy-two; the other due and payable at the First
National Bank at Champaign, Ill., with interest, on the nine-
teenth day of October, in the year one thousand eight hundred
and seventy-three.
Now, therefore, this indenture witnesseth, that the said party
of the first part, for the better securing the payment of the
money aforesaid, with interest thereon, according to the tenor
and effect of the said two promissory notes above mentioned;
and, also, in consideration of the further sum of one dollar to
them in hand paid by the said party of the second part, at the
delivery of these presents, the receipt whereof is hereby ac-
knowledged, have granted, bargained, sold, and conveyed, and
by these presents do grant, bargain, sell, and convey, unto the
said party of the second part, his heirs and assigns, forever,
all that certain parcel of land, situate, etc.,
[DescHbing the premises.]
TO have and to hold the same, together with alI and singular
the Tenements, Hereditaments, Privileges, and Appurtenances
thereunto belonging or in any wise appertaining. And also,
all the estate, interest, and claim whatsoever, in law as well as
in equity, which the party of the first part have in and to the
premises hereby conveyed unto the said party of the second
part, his heirs and assigns, and to their only proper use, bene-
fit, and behoof. And the said Benjamin Harrison, and Helen,
his wife, party of the first part, hereby expressly waive, relin-
quish, release, and convey unto the said party ofthe second
part, his heirs, executors, administrators, and assigns, all right,
title, claim, interest, and benefit whatever, in and to the above
described premises, and each and every part thereof, which is
given by or results from all laws of this State perta  t the
exemption of homesteads.
Provided always, and these presents are upon this express
condition, that if the said party of the first part, their heirs,
executors, or administrators, shall well and truly pay, or cause
to be paid, to the said party of the second part, his heirs, exec-
utors, administrators, or assigns, the aforesaid sums of money,
with such interest thereon, at the time and in the manner spe-
cified in the above mentioned promissory notes, according to
the true intent and meaning thereof, then in that case, these
presents and everything herein expressed, shall be absolutely
null and void.
In witness whereof, the said party of the first part hereunto
set their hands and seals the day and year first above written.
Signed, sealed, and de-
livered in } resence of BENJAMIN     HARRISON. .
OTIs OBER,         HELEN HARRISON.
ANDREW AuSTIN.      H