BIBB COUNTY, GA - DEEDS Mrs. T. E. Cherry to A. T. Small & Sons Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by:Dawn Besancenez Table of Contents page: http://www.usgwarchives.net/ga/bibb.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm State of Georgia, Bibb Co. This Indenture, Made the 6th day of December in the year of our Lord One Thousand Nine Hundred and Thirteen between Mrs. T. E. Cherry of the County of Jones of the first part, and A. T. Small & Sons of the County of Bibb, of the second part. Witnesseth, That the said party of the first part, for and in consideration of the sum of Seven Hundred Dollars, in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convery and confirm unto the said parties of the Second part, their heirs, successors and assigns, all that tract or parcel of land lying and being situate in Benton District of Monroe County, Georgia, containing Four Hundred (400) acres, more or less, and adjoining lands of Eden Taylor property, Henry Reeks and Rum Creek, Renfree Taylor and the public read from Popes Ferry and being the place en which Mrs. T. E. Cherry now resides. To have and to hold the said bargained premise’s, with all and singular the rights, members and ap, purtenances thereunto appertaining, to the only proper use, benefit and ----- of the said parties of the Second Part, their heirs, executors, administrators and assigns, in FEE SIMPLE and the said party of the first part the said bargained premises unto the said parties of the second part, their heirs, executors, administrators, and assigns against the said party of the first part their heirs, executors and administrators, and against all and every other person or persons, shall and will warrant and forever defend by virtue of these presents. This conveyance is intended to operate as provided in Sections 2771, 5432 and 2775 of the Code of 1895, in regard to the sales of property to secure debts, and to pass the title of the property described into the said parties of the second part, the debt hereby secured being two promissory notes for said sum of Seven Hundred Dollars, the consideration aforesaid, dated this day and due as follows 200.00 Note due Oct. 15, 1814. 500.00 note due Oct. 1st 1914 with ten per cent on the principle and interest for attorney’s fees, if incurred in the collection of said note. The said party of the first part also agrees to keep the said property insured during continuance of this loan and to pay the premiums for insurance when due and also to pay all taxes on said property when the same fall due and before levy or advertisement of any tax execution there in, and the said party of the first part hereby agrees that if any of said interest installments is not promptly paid when the same becomes due (Time hereby expressly made of the essence) , or if the party of the first part shall fail to pay the premiums of insurance or the taxes as aforesaid, then the entire principal of the said dept shall become due and payable xxxxxxxx at once, if the party of second part shall so elect and the said party of the first part hereby agrees that if the debt to secure which this deed is made, is not promptly paid at maturity according to the tenor and effect of said note, or if any of said interest installments is not promptly paid when it matures, or if said party of the first part shall fail to pay the premiums of insurance and taxes as aforesaid, then to said parties of the second part, their agent or legal representatives or assigns may and by these presents is authorized to sell at public outery before the Court house doors in the County of Monroe to the highest bibber for cash, all said property to pay said principle with the interest therein to the date of sale and expenses of the proceeding, including fees of attorney’s, if incurred, of the ten per cent on the amount of the principle and interest due, after advertising the time, place and terms of sale in any newspaper published in said County of Monroe once a week for four weeks prior to said day of sale, and it is hereby stipulated that the foregoing power of sale being coupled with an interest shall be irrevocable by the death of either party thereto and the said parties of the second part, their agent or legal representatives or assigns may bid at said sale should they desire, and the said parties of the second part, their agent or legal representatives or assigns may make to the purchaser or purchasers of the said property good and sufficient titles in Fee Simple to the same, thereby divesting out of the said party of the first part all right and equity that I may have in and to the said property, and vesting the same in the purchaser or purchasers aforesaid. The proceeds of said sale are to be applied first to the payment of said debt and interest, also all taxes and premiums of insurance that may have been paid on said property by the parties of the second part, their agent or legal representatives or assigns, and the expenses of this proceeding, the remainder, if any paid to the said party of the first part. The said parties of the second part the agent or legal representatives or assigns, shall be authorized to proceed summarily to put the purchaser or purchasers in possession, the said party of the first part covenanting and agreeing to surrender the same without let or hindrance of any kind. The method of sale herein before provided for shall be cumulative of the other remedies allowed by law. In witness Whereof, The said party of the first part has hereunto set her hand and affixed her seal. Signed, sealed and delivered in the presence of: I. G. Asbell Mrs. T. E. Cherry (seal) P. D. Stamps, N. P. Bibb Bo., GA Recorded December 8th, 1913 Jno. O. Pender, Clerk. Note: I have copied this as best as I can. Information provided by: Leonora Dawn Besancenez 7401 S. Grand Ave. St. Louis, MO 63111 E-mail: tomsgal@sbcglobal.net