Mortgage from Sanford Lyon to the Philadelphia & California Petroleum Co., November 30, 1868
Los Angeles County Recorder's Office, Mortgages, Book 5, Pages 406-408:
Lyon to the Philadelphia & California Petroleum Co.
This indenture made the thirtieth day of November in the year of our lord one thousand eight hundred and sixty eight between Sanford Lyon of Los Angeles in the State of California, the party of the first part, and the Philadelphia and California Petroleum Company a corporation created by the laws of the State of Pennsylvania, the party of the second part. Witnesseth that the said party of the first part for and in consideration of the sum of one thousand dollars gold coin of the United States of America to him in hand paid the receipt whereof is hereby acknowledged, hath granted, bargained, sold, conveyed, and confirmed, and by these presents doth grant bargain, sell, convey and confirm unto the said party of the second part, its successors and assigns forever, all his right, title and interest to and in all that certain piece or parcel of land upon the Rancho San Francisco and bounded and described as follows.
Beginning at an oak tree marked with a cross near the road leading from Los Angeles to Soledad and Clear Creek in the San Fernando Pass, the same being Station No. 5 of the official survey of said Rancho made by Henry Hancock Deputy Surveyor in December 1858, and running thence North 77degs West, Twenty-four 65/100 chains to a point; thence North 22degs 46mins West, twenty-one 28/100 chains to a point; thence North 10deg 13mins East fifty-four 48/100 chains to Station 4 from which an oak tree marked BT3 in a small canon bears South 75deg 52mins East, two 54/100 chains; thence North 79deg 48mins West twenty-four 79/100 chains to sycamore tree marked No 4 at the head of a small canon; thence North 38deg 30mins East forty chains to station from which an oak tree marked BT5 bears South 38degs 30mins West, seven 95/100 chains; thence South 48deg 02mins East fifty-three 18/100 chains to a post marked No 6; thence North 86deg East six 04/100 chains to small sycamore tree marked No 7; thence South 8deg East 10 40/100 chains to a post marked No 8; thence West seven 77/100 chains to post and mound of rocks; thence South 23deg 41mins West, twenty-eight 10/100 chains to Station on high bluffs; thence South 6 1/2deg West, forty 91/100 chains to place of beginning; and containing three hundred and eighty one 66/100 acres. Being the same premises which the said The Philadelphia and California Petroleum Company conveyed to the said Lyon by indenture bearing even date herewith and intended to be forthwith recorded. Together with all and singular the tenements, hereditaments and appurtenances therunto belonging and the rents, issues, and profits thereof. To have and to hold all and singular the said premises together with the appurtenances, unto the said party of the second part, his heirs and assigns forever.
This conveyance is intended as a Mortgage to secure the payment of a certain Promissory Note or obligation bearing even date herewith and in the following words and figures.
"$1000.00 For value received I promise to pay to the Philadelphia and California Petroleum Company on order, one thousand dollars gold coin of the united states as follows: Five hundred ($500) with interest on the whole sum in two years from date at ten percent per annum and the balance with like interest thereon, in three years from date provided that prior to that time, the land purchased by me from said Company on the San Francisco Rancho on the 30th day of November 1868, is released from the lien of a morgage given by said Company to R.D. Barclay, and from all liability to the outstanding (Pimiento) interest in said Rancho and if not, then as soon thereafter as said land may be so released as aforesaid. Sanford Lyon"
And these presents shall be void if such payment be made. But in case default be made in the payment of the said principal, or any installments of interest as provided, then the whole sum of principal and interest shall be due at the option of the party of the second part and suit may be immediately brought and a decree be had to sell the said premises, with all and every of the appurtenances, or any part thereof, in the manner prescribed by law, and out of the money arising from such sale to retain the said principal and interest although the time for payment of said principal sum may not have expired, together with the costs and charges of making such sale and of suit of foreclosure, including counsel fees at the rate of ten percent upon the amount which may be found, to be due for principal and interest, by the said decree, and the overplus, if any there be, shall be paid by the party making such sale, on demand, to the said party of the first part, his heirs and assigns.
And it is hereby agreed that it shall be lawful for the said party of the second part, his heirs, executors, administators, or assigns to pay and discharge at maturity all taxes or assessments, liens, or other encumbrances, now subsisting or herafter to be laid or imposed upon said lot of land and premises and which may be in effect a charge thereupon, and such payments shall be allowed with interest thereon at the rate of one per cent per month, and such payments and interest shall be considered as secured by these presents and a charge upon said premises shall be repayable on demand in the same kind of money or currency in which the same may have been paid and may be deducted from the preceeds of the sale above authorized. And it is hereby further agreed that the said Lyon may at any time prior to the maturity of the said note, pay the same and release the land heretofore described from the lien of this Mortgage, which is given to secure a part of the purchase money of said land.
In witness whereof the said party of the first part has hereunto set his hand and seal the day and year first above written.
Sanford Lyon
Signed, sealed, and delivered in the presence of (the word "successors" interlined on first page over the words "heirs" stricked out)
James H. Lander
State of California, County of Los Angeles
On this thirty first day of December A.D. on thousand and eight hundred sixty eight personally appeared before me, James H. Sander a Notary Public in and for said County of Los Angeles, Sanford Lyon whose name is subscribed to the annexed instrument as a party whereto personally known to me to be the same person described in and who executed the said annexed instrument as a party thereto who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
James H. Sander
Recorded this 31st March 1869 at 1:10 PM at request of JP Green the same being a full, true and correct copy of the original.
Thomas D. Mott, Recorder
by J.W. Gillette, Deputy
Rec'd full and entire satisfaction on the within mortgage this 1st December AD 1871.
The Philadelphia and Califoria Petroleum Company by its Attorney in Fact Thomas R. Bard
Witness
S.H. Mott, Recorder
