The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-05-08
ORDER OF PUBLICATION
Bennington County Savings Bank

Florence G. Ten Brock,
State of Vermont,
Bennington County, SIS.
WHEREAS, the Bennington County
Savings Bank, a corporation created,
organized, existing and doing busi-
ness under and by virtue of the laws
Of the State of Vermont, at Benning-
ton in said County, in the State OF
Vermont has this day filed in the Of
flee of the Clerk of the Court of Chan
Gerry, for said County. its petition for
foreclosure against John f. Ten
Brock and Florence Ten Brock set
ting forth in substance in saids petit
ion that, Addison l.. Stewart and Har-
riet A. Stewart, wife Of the said Ad-
olson L., both of Pownal in the Coun-
Nv of Bennington in the State of Yer
mont on the 11th day of December,
1899, duly executed to your petitioner,
the said Bennington County Savings
Bank. a mortgage deed of certain lands
situated in said Pownal and describ-
ed as follows in said mortgage:
Bounded on the north by land of
John Tatro; on the east by the land
of Charles G.. Pettibone; on the south
by land of Charles G. Pettibone, and
on the west by highway leading from
North Pownal to Pownal Center, Yer
mont. Said piece containing one acre
more or less. The aforesaid piece of
land was purchased by us of Charles
G.. Pettibone of Pownal aforesaid; ref
erence to the deed from said Charles
G.. Pettibone to US may be had in
Town Clerks Office of Pownal afore-
said; conditioned for the payment of
Five Hundred (5O0) Dollars, as spec
flied in a promisory note dated De-
cember II, 1890, made by said Addison
l.. and Harriet A. Stewart, and pay
able to said Bennington County Saw
ings Bank or order on demand for val
ne received with interest payable
semi-annually on the first days of
June and December of each year.
Said mortgage was further condit-
toned that the said mortgagers should
fully comply in each and every res
pect with Section 4097 of Vermont
Statutes, and should also pay and dis
charge all rents, taxes, assessments,
and insurance premiums and all en-
cunlbrances, and also repay to the
mortgage any money paid out in and
about the premises, which said note
is now justly due and owing, and has
not been paid, according to the ten
or and effect of the same.
Petitioner further shows that there
afterwards and on the 9th day of
March, 1900, the said Addison L.
Stewart and Harriet A. Stewart exc
cuted TO your petitioner another mort
gage deed upon the same lands, but
described in said second mortgage as
follows:
Bounded on the north of the lands
Of John Tatro on the east by the
lands of said Tatro; on the south by
the lands of Charles G.. Pettibone, and
west by the highway leading from
Pownal Center to North Pownal viii
lage. This is the same land afore-
said Stewards have previously mort
gagged to aforesaid Bennington Coun-
ty Savings Bank to secure the pay
ment of a note for FIVE hundred (5O0)
dollars, given said Bank by the said
Stewards"
Said last mortgage was conditioned
for the payment of One Hundred Fiji
ty O50) Dollars as specified in one
promissory note of even date with
said mortgage made by said Addison
i. and Harriet A. Stewart, and pay
able TO said Bennington County Say
ings Bank, or order on demand for
value received, with interest payable
semi-annually on the first days of
June and December in each year.
And said last mentioned mortgage
was further conditioned that the mort
gagers should keep the buildings on
the aforesaid premises insured for
the benefit of said Bank and should
pay all assessments levied upon said
policy of insurance and also keep the
buildings in good repair.
And said last mentioned note is now
justly due and owing, and has not
been paid according to the tenor and
effect of the same. g
Petitioner further shows that 1t is
now the lawful owner and holder of
the above mentioned mortgages and
the notes secured thereby.
Petitioner further shows that since
the execution of said mortgages, and
on the 5th day of August, 1907, the
said Addison L. Stewart and Harriet
A. Stewart, by their certain deed of
warranty, conveyed said mortgaged
premises to John F.. Ten Brock and
Florence G. Ten Brock; his wife, then
of said Pownal, excepting from the
covenants of warranty in said deed a
mortgage indebtedness to this petit
titioner of Six Hundred Fifty (650)
Dollars, and the grantees therein as
sumed the payment thereof, and are
now the owners of the equity of re-
demption of said premises; and claim
some interest in said mortgaged prem
ises subject and subsequent to pet
itioner's said mortgage.
And praying that the equity of re-
demption of the said John +. Ten
Brock and Florence G.. Ten Brock and
all persons claiming under them or
either of them in the premises des-
cribed in said mortgage may be fore
closed agreeably to the provisions of
law
And whereas it appears that the said
petitioners, John f. Ten Brock and
Florence G. Ten Brock now reside
without this state, in parts unknown
to petitioner, so that the ordinary