"On the 23d day of January, 1892, M. C. Alexander had rented and was occupying about one hundred acres of land on R. F. Jones' farm, part of the Antonio Navarro grant in Travis county, Texas, and on said day said Alexander executed the following instruments:
"`Garfield, Travis County, Texas, Jan. 23, 1892. September 1, after date, I, we, or either of us, promise to pay to the order of Washington & Costley Bros., at Garfield, in Travis county, Texas, four hundred and sixteen dollars, with interest thereon from date until paid, at the rate of 10 per cent. per annum, and, if interest be not paid when due, to become as principal, and bear same rate of interest as said principal; and in the event default is made in the payment of this note at maturity, or if it becomes necessary before maturity to collect the same, and it is placed in the hands of an attorney for collection, or suit is brought on the same, then an additional amount, 10 per cent. on the amount of said note, shall be added to the same as attorney's fees, and which I, or either of us, promise to pay; and it is expressly understood that I, or either of us, hereby waive all exemptions from forced sale under the laws of this state that may be in us on account of the property hereinafter described, so the same, each and every part of it, shall be subject and liable for the payment of this note. M. C. Alexander.
"`Witness: Frank Rumley.
"`The above obligation is given in settlement for balance due on note and account for 1891, as per settlement agreed upon this day, and said note was for stock to work in my crop for the year 1892, and the advances hereafter furnished me by Washington & Costley Bros. is for the purpose of enabling me to make, secure, gather, and house a crop for the year 1892, and without which advances it would not be possible for me to make, gather, house, and secure said crop; and it is hereby agreed, in consideration of the premises, that the above amount, together with the amount due for any further advances hereinafter made to me by the said Washington and Costley Bros., are untouched, and shall operate in law as a perfect and bona fide lien upon all crops, either of corn or cotton, or both, that may be grown by me or for me by the persons working under me upon the farm of R. F. Jones, in Travis county, Texas, for the year 1892. All the indebtedness due by this instrument becomes due and payble on 1st of October of this year, and, should it not be paid, then the amount owing under this instrument, not including the above note, shall bear interest at the rate of ten per cent. per annum until paid; and any default upon my part to pay the above-described obligation when due, or the amount due for any other advances, out of the first proceeds of said crop, or if any of said crop or property herein mortgaged shall be sold by me, and the money thereof not turned over to said Washington & Costley Bros. or applied to the payment of this instrument, then it is agreed that all of the debt or debts secured by this mortgage shall become due and payable at once, and that said Washington & Costley Bros. may or shall enter upon said premises or elsewhere, and take possession of said crops and stock, or such portion of the same as may be sufficient in amount to pay off and discharge this obligation, and such necessary expenses as may be incurred in collecting the same; the property used in the cultivation of said crops being of the following description, and upon which a lien in addition to that upon said crops is hereby given for payment of all the above indebtedness, upon the terms and conditions therein stated, viz.: One dun stallion, with black stripe down his back, about 14 hands high, 8 or 9 years old, unbranded; also one bay paint mare, 10 years old, 13½ hands high, branded T Q on left thigh; also two grey horses, 7 or 8 years old, about 14½ hands high, branded ____ on left thigh; also one suckling colt of the bay paint mare; also two bay two year old fillies, unbranded; also two dark bay horse mules, about 6 years old, about 14½ hands high, unbranded, being the same two mules purchased by me from R. F. Jones last year, 1891; also one three-inch Tennessee wagon, it being the same wagon purchased by me from John Hillebrand, Austin, Texas, about two years ago; also one light dun horse, about 15 hands high, about 12 years old, brand not remembered. The crop mortgaged by me to Washington & Costley Bros. consists of about 100 acres on R. F. Jones' farm in Travis county, Texas, in the Antonio Navarro grant. Should any further advances, either of goods, wares, merchandise, or property, be made to me under this instrument, then the above lien is to secure the same, whether the same is made this year or any year hereafter. And I further declare that I have given no other lien or mortgage of any kind on the above-named crops or on the above-described property, and that the title to said property is perfect in me; and in the event of a crop failure from drouth, excessive rains, hailstorms, etc., said indebtedness are not to be paid, or, if they are not paid from any other cause, then this lien shall remain in full force and effect, and cover the succeeding crops of the succeeding
years until fully paid. On any and all indebtedness collected under this instrument I promise and agree to pay 10 per cent. on amount due as attorney's fees, if placed in the hands of an attorney for collection, or suit is brought, on the same. Any change in this agreement as to any of its terms and conditions hereinafter made, to be valid and binding, must be in writing, and duly signed by all parties. Witness my hand, this 23rd day of January,...
