1835 Trustees Meeting Minutes, Volume 1, 1831.005.001

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Mortgage DEED. of Stone Estate.

Voted. That the Treasurer & Secretary be authorized to execute acknowledge and deliver in behalf of this Corporation, a deed of mortgage when the Stone estate in Watertown, purchased of J. B. Dana Esqr. & in part payment for the same, to secure the payment of the notes of this Corporation not exceeding $15.620, to be named therein, payable to said Dana or order at such times and on such terms as agreed upon with said Dana not exceeding two years from 17 April 1854, affixing the seal of this Corporation to said deed. Said notes to be signed by the Treasurer only, and notes and mortgage to bear date April 17, 1854.

Treasurer to sell stocks.

Voted. That the Treasurer, under the advice of the Finance Committee be authorized to sell stocks sufficient to make up with the cash now on hand, a sum large enough to meet the cash payment to be made for the Stone estate, just purchased; or if the finance committee prefer to borrow the sum wanted for this purpose in anticipation of the revenue, to give proper notes or receipts for the same on behalf of this Corporation not exceeding three thousand dollars.

Mortgage assumed.

Voted. That this Corporation accedes to the terms of purchase for the Stone estate, stated in the letter of J.B. Dana, and assumes the payment of the outstanding mortgage from William A. Stone to Mrs ____ Allen, guardian of J. M. Allen for the payment of twenty five hundred dollars.

Adjourned without day - A true record - Attest. Henry M. Parker. Secretary -

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=== Proprietors to John B. Dana. ===

Know all men by these Presents, that the Proprietors of the Cemetery of Mount Auburn, a Corporation established by law, in consideration of the payment of fifteen thousand six hundred and twenty dollars by John B. Dana of Cambridge in the County of Middlesex and Commonwealth of Massachusetts, the receipt of which ^ ^{Said Corporation doth} is hereby acknowledge &c hereby give grant bargain sell and convey unto the said Dana a tract of land with the buildings thereon lying in Watertown in said County of Middlesex, and containing sixteen acres one rood and thirteen and eight tenths of a Rod, and bounded and measuring as follows, viz: beginning at the most South Westerly corner thereof on land of David Stone, and on a street ^^said to be called Grove Street, and running in an Easterly direction and bounding on said street seven hundred and thirty one feet to the point marked "d" on the Plan hereinafter named, being the corner of other land of said Corporation then turning and running in a Northerly direction, bounding on said Corporation's other land seven hundred and thirty and a half feet to the point marked "c" on said Plan; then turning and running Easterly. still bounding on other land of said Corporation, three hundred and eighty eight feet to said street, there sometimes known as "Coolidge Avenue" at the point marked "f" on said Plan, then turning and running in a North Easterly direction and bounding on said street one hundred and two feet to the corner of still another tract of land belonging to said Corporation at the point - marked "g" on said plan; then turning and running in a Westerly direction, and bounding on the last named tract of land of said Corporation one thousand three hundred and eighty nine feet and nine inches to land of David Stone at the point marked "a" on said plan; then turning and running in a Southerly direction and bounding in said land of David Stone, eight hundred and fifty three feet to said street, at the point marked "e" on said Plan, which is the point begun at

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With all the rights privileges and appurtenances thereunto belonging or appertaining. The granted premises are the same laid down on a "Plan of land in Watertown Mass. belonging to Heirs of Cornelius Stone From the office of W. A. Mason. Surveyor. Cambridge Port. Mass. March 15^th 1854. Drawn to a scale of 50 ft to an inch X." And being the same premises which were conveyed to said Corporation by said Dana of.. by deed of even date herewith. The granted premises are subject to a mortgage made by one William A Stone to Harriet J. Allen. Guardian, dated October 1^st A.D 1852 to secure the payment of the sum of twenty five hundred dollars in three years from said date, with interest semi annually, which mortgage and sum the said Corporation have agreed to pay and discharge including interest thereon from the date of this deed, as the same falls due. Said mortgage is recorded with Middlesex deeds at Book 638. Folio 17. To Have and to Hold the above granted premises to him the said John B. Dana his heirs and assigns to their own use and behoof forever. . And the said Corporation doth hereby covenant to and with the said John B. Dana his heirs and assigns that said Corporation is seized in fee simple of the above granted premises, that they are free from all incumbrances excepting the mortgage above mentioned which said Corporation assumes and is to pay, that said Corporation has good right to sell and convey the same to said Dana and his heirs and assigns ^^as aforesaid, and that said Corporation will warrant and defend the same to said Dana and his heirs and assigns forever against the lawful claims and demands of all persons. Provided. nevertheless. and this conveyance is made upon the express condition that if said Corporation shall pay the full sum of fifteen thousand six hundred and twenty dollars as follows to wit. six thousand eight hundred and thirty three dollars in two years from the date of these presents, four

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thousand five hundred and fifty five dollars in two years from the same date, two thousand seven hundred and thirty two dollars also in two years from the same date with interest and fifteen hundred dollars also in two years from the same date with interest on all said sums payable semiannually; or if a special demand shall have been made for the payment of any one or more of said sums at any time before the expiration of said term of two years, then if said Corporation shall pay the ^^{sum or} sums so demanded in six months from the date of such demand, with interest till paid; or it ^^the said Corporation shall (having first given six months notice in advance of its intention so to do) pay any one or more of said sums of money, before the expiration of said term of two years; then this mortgage (the said sum of fifteen thousand six hundred and twenty dollars being paid in full in any of the ways aforesaid) as also four promissory notes of even date herewith signed by the Treasurer of said Corporation, whereby for value received said Corporation promises to pay the said sums and interest at the times aforesaid, with the right given and reserved on the one part to demand and collect, and in the other part to pay said notes, after six months notice in anticipation, as above particularly set forth in relation to said sums of money, shall all be wholly void, but otherwise shall stand and remain in full force and effect. And if less than the whole number and gross amount of said notes shall be so paid, then this mortgage shall be, as to such sums and notes as remain unpaid in full force and effect, but the notes and sums so paid shall be no further a lien upon the estate. Interest in all cases to be computed at six percent. Said notes are of even date herewith. And provided further, that until some default in the non payment of principal or interest as aforesaid, or other default as herein provided,

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it shall not be lawful for the said mortgage or those claiming under him to take possession of the mortgaged premises, but the same shall remain in the possession and control, and for the sole benefit of the mortgager, and those claiming under the mortgager. In Witness whereof. the said Corporation hath caused its common seal to be affixed to these presents, and the same to be signed by its Treasurer and countersigned by its Secretary, both thereto duly authorized, on this seventeenth day of April. A.D. eighteen hundred and fifty four.

Countersignees Henry M. Parker - Secretary

[Image: three concentric circles with L.S. in the middle circle]

Geo. W^m Bond. Treasurer.

Commonwealth of Massachusetts. Suffolk ss. April 25. A.D. 1854 -- Then personally appeared George W. Bond. Treasurer, and Henry M. Parker. Secretary. and acknowledged the foregoing instrument by them officially subscribes, to be the free act and deed of the Proprietors of the Cemetery of Mount Auburn.

Before me Josephus Eastman -- Justice of the Peace. [Here follows, on the original deed, a certifies copy of the note passed April 22^nd A.D. 1854. see page 269. authorising this instrument to be executed]

A true copy of deed - Attest Henry M. Parker. Secretary --