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Mentzer Railroad Deeds

An agreement to convey the northeast 1/4 of section 6 in Township 25 of Range 15 East from the Union Pacific Railway Company, Southern Branch to George Mentzer dated 16 May 1870 was recorded in Miscellaneous Book A in Woodson County, Kansas.

Woodson County Kansas
Deed Miscellaneous Book A page 108

Land Department of the Union Pacific Railway Company South Branch
No 1621

This agreement made the sixteenth day of May in the year 1870 between the Union Pacific Railway Company Southern Branch of first part and George A Mentzer of Kewanee of the state of Illinois of the second part.
Witnesseth that in consideration of the stipulations herein after contained and the payment to be made as herein after specified the first party hereby agrees to remise release and convey onto the party of the second part all their right, title and interest (derived from th United States or any other source in and to the following piece or parcel of land viz: the north east quarter of section No Six (6) in township No Twenty five (25) S of Range NO fifteen (15) east of the sixth principal meridian containing according to the United States survey one hundred and sixty four 15/100 (164 15/100) acres be the same more or less for the sum of seven hundred and thirty eight 67/100 $738 67/100 dollars, with interest annually at the rate of ten percent. Payment has been made and received of the seventy three and 86/100 dollars and the remaining principal with annual accruing interest shall be paid at the general land office of the first part in ten annual payment at this time and in this manner following that is to say
1st installment 16 May 1876 interest $66.48 amt $66.48
2nd do 16 — 1872 Principal $738.6
Interest 66.48 amt $14.34
Inst Paid for 18.74 $66.48/100 AMS
3d Installment 16 1873 Principal $73.86 interest $59.60 Amt 132.45
4th installment 16 May 1874 principal 73.86 interest $51.72 amt $125.51
5th do 16 “ 1875 “ 73.86 “ $44.34 “ 118.20
6th do 16 “ 1876 “ $73.86 “ $36.96 “160.8
7th do 16 “ 1877 “ $73.86 “ $29.58 “ $103.44
8th do 16 “ 1878 “ $73.86 “$22.20 “ 96.06
9th do 16” 1879 “ $73.86 “$14.82 “88.65
10th do 16 “ 1880 “ $73.86 “ 7.44 “ 81.35

And the second party in consideration of the premises hereby agree that he or his legal representatives or assigns will improve by tilling or some other mode of good husbandry to the amount of two tenths in three years the premises entrusted in this contract and will make punctual payment of the above sums as each of the same aspectionly becomes due and that he will regularly and reasonably pay all such taxes and assessments hereafter be lawfully imposed on said premises and it is further agreed that when my part of these premises shall adjoin the right of way of this company or any of its branches the party of the second part his legal representatives and assigns shall erect, as some as the road is open along or through the same and maintain a good and substantial fence sufficient to turn stock and this agreement shall be one of the covenants in the deed to be made and to run with the land.
In case the said second party, his legal representatives or assignees shall pay the several sums of money punctually and at the times above limited and shall strictly and literally perform all and singular his agreements and stipulations aforesaid after their [? Tenor] and intent then the first party will cause to be made and executed unto the said second party his heirs or assigns upon request at the General Land Office of the Company and the surrender of this contract a conveyance of said estate as above set for the reserving however a strip of land one hundred feet wide for right of way or other railroad purposes when the railroad of the party of the first part or any of its branches is or shall be located upon the premises and it is hereby agreed and covenanted by the parties here to that time and punctuality or material and essential ingredients in this contract. And in case the said second party shall fail to make the payments aforesaid and each of them punctually and upon this strict terms and times above [limited] and likewise to perform and complete all and each of his agreements and stipulations aforesaid strictly and literally without any failure or defaults thence this contract so far as it may find said first party, shall become utterly null and void and this whole amount of principal mentioned herein remaining unpaid shall in[secure directly] become due or payable and all rights and interests hereby created or then existing in favor of the second part or derived from him shall utterly cease and determine and this right of possession and all equitable and legal interests in the premises hereby contracted shall revert to and revest in said first party without [any] declarations or forfeiture or act of reentry or any other act of said first party to be performed and without any right of second party of reclamations or compensations for moneys said or improvements made as absolutely full and property as if this contract had never been made and said party of the first part shall have the right immediately upon the failure of the party of second part to comply with the stipulation of this contract to enter upon the law aforesaid and take immediate possessions thereof together with the improvements or appurtenances thereto belonging and the said party of the second covenants and agrees, that he will surrender unto the said party of the first part the said land and appurtenances without delay hindrance and no court shall relieve this party of the second part from a failure to comply strictly and literally with this contract it is further stipulated that no assignment of the premises shall be valid unless the same be endorsed hereon and that no agreement or condition or relations between the second party and his assigns other person acquiring title or interest from or through him shall preclude the first party from this right to convey said premises to the second party of his assigns on the surrender of this agreement and the payment of the unpaid portion of this purchase money which be due to the first party.
In witness of which, the Union Pacific Railway Company South Branch has caused these presents in duplicate to be signed by the commissioner and the secretary of the land department under the seal of said company and the second party has hereunto set his signature on this day and year first above written.
Isaac T Goodwin Commissioner
George Mentzer Purchaser
Jno R Wheat, Secretary

Received Neosho Falls May 16 1871 of George Mentzer the sum of Sixty Six and 48 /100 dollars. Amount of first installments on the written contract.
A M Sommers Secy

Woodson County, Kansas, Deeds, Misc Book A page 108, Contract Union Pacific Railway Companty to George Mentzer, 16 May 1870; Recorder of Deeds, Yates Center, Kansas.

A second mortgage or deed of trust between the Missouri Kansas & Texas Railway Company and George Mentzer for land being the NE 1/4 of Section 6 in Township 25 South of Range 15in Woodson County Kansas from the Missouri, Kansas & Texas Railway Company in 1881. A 100 foot wide strip of land was reserved for a railroad right of way.

Woodson County Kansas
Deed Book N page 162

No. 4465. This indenture made this fourteenth day of July A.D. One thousand Eight hundred and eighty one by and between the Missouri Kansas & Texas Railway Company and Russell and W H Cowdrey Trustees of the Missouri Kansas & Texas Railway Company (Late Union Pacific Railway Company Southern Branch) under and by virtue of a mortgage or deed of trust dated above Dec 14 1868 and the Union Trust Company of New York Trustees, under a mortgage or Deed of Trust executed by said Railway Company dated February 1st 1871 and a second mortgage or deed of trust dated September 1st 1873. And a mortgage or deed of trust dated April 1st 1876 of the first part and George Mentzer of Woodson County State of Kansas of the second part Witnesseth That the said Missouri Kansas & Texas Railway Company in consideration of the sum of Five hundred and seventy five and 53/100 dollars. Duly paid, receipt whereof is hereby acknowledged and the further consideration that when any part of these premises now adjoin the right of way of said Missouri Kansas & Texas Railway Company or any of its branches the party of the second part his legal representation and assigns shall erect and maintain a good and substantial fence along such right of way sufficient to turn stock has remissed released and conveyed until the party of the second part all its right title and interest of in and to the following described land to wit:
The north east quarter of section no Six in township no Twenty five (25) South of Range no Fifteen (15) of the sixth principal meridian in Woodson County, State of Kansas containing according to the United States Survey one hundred sixty four and 15/100 acres more or less. The above named sum of five hundred and seventy four & 53/100 dollars is the full amount of consideration received by said company in payment for the above described lands reserving however a strip of land one hundred feet wide for right of way or other railroad of the said Missouri Kansas Texas Railway Company have been located upon the premises. To have and to hold the same unto the said party of the second part his heirs and assigns forever and the said Missouri Kansas & Texas Railway Company hereby covenants with the said party of the second part, his heirs and assigns that it will and its successors shall warrant and defend the same to the said party of the second part, his heirs and assigns against the lawful demands of all persons And the said Russell Sage and N A Cowdrey trustees as aforesaid and the Union Trust Company of New York, also trustees as aforesaid do by these presents and in consideration of the payment aforesaid release to the said party of the second part all their right title interest property possession claim demand and estate of the said trustees by virtue of said mortgages or trust deed in and to the above grantee premises in accordance with the terms and conditions of said mortgages or trust deeds. In witness whereof the said Missouri Kansas & Texas Railway Company and the Union Trust Company of New York have caused these presents to be signed by their respective President & P T and attested by their respective secretaries with seals of the respective corporations attached and the said Russel Sage and N A Cowdrey trustees have her unto set their hands and seals this 11 day of August AD one thousand eight hundred and eight one
George I Forrest
President pt of the Missouri Kansas Texas Railway Company
Edward King
President of the Union Trust Company of New York

Attest
H C Hansen
Secretary of the Missouri Kansas and Texas Railway Company
A B Ronaldson
Russel Sage
N A Cowdrey
LS / Trustees L S

Secretary of the Union Trust Company of New York
State of New York
Cit and County of New York
Be it remembered that on this 12th day of August AD one thousand eight hundred and eighty one before me the subscriber a commissioner in and for the state of New York appointed by the governor of the state of Kansas to take proof and acknowledgment of deeds, mortgages or any other instrument to be used or recorded in the state of Kansas personally appeared George I Forest president pt of the Missouri Kansas & Texas Company and Edward King President of the Union Trust Company of New York, trustees and Russel Sage and N H Cowdrey trustees who are personally known to me to be the identical persons whose names are affixed to the foregoing indenture as respectively president & pt and Trustee and duly acknowledged the execution of teh same as the voluntary act and deed of said Missouri Kansas & Texas Railway Company and said Union Trust Company of New York and of said Trustees and said George I Forrest and Edward King being by me severally duly sworn each for himself deposes and says that he is President &pt as aforesaid; that they signed the foregoing instrument as such President &pt and that the respective corporate seals of said companies were caused to be affixed there to as the act and deed of said companies respectively by order and authority of said companies respectively for the uses and purposes therein mentioned.
In testimony whereof I have hereunto set my hand and affixed my official seal in the City of New York on the day and year above written
W Johnson
File for Record Aug 20 AD 1881 at 9 am Commissioner for the State of Kansas
Isaac S Jones Register of Deed by Chas S Jones Deputy

Woodson County, Kansas, Deeds, Book N page 162-163, Missouri Kansas & Texas Railway Company to George Mentzer, 14 July 1881; Recorder of Deeds, Yates Center, Kansas.