Lenoir County NcArchives Deed.....Rouse, T. R. - Daly, James R. 1918 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Hazel Yarbrough hhyarbrough@embarqmail.com October 18, 2010, 8:12 pm Written: 1918 From the James R. Daly Collection in the possession of Hazel Ruth Hill Yarbrough, Lenoir County Transcribed by Hazel Ruth Hill Yarbrough from the original. 1918 Deed of Trust – James R. Daly to T.R. Rouse NORTH CAROLINA, LENOIR COUNTY THIS DEED OF TRUST, Made this the Thirty first day of October, 1918, by James R. Daly, party of the first part, to T. R. Rouse, Trustee, party of the second part, for the benefit of A.T. Uzzell, party of the third part of Lenoir County, North Carolina. WITNESSETH, That, whereas, the party of the first part is indebted to the party of the third part in the sum of fourteen hundred and fifteen and 48/100 dollars, being balance of the purchase price of the land hereinafter described, evidenced by six notes bonds of even date herewith as follows: one for the sum of $249.78 due on or before Jan 1st, 1919 and five notes each for the sum of $233.14 due on or before, one, two, three, four and five years from Oct. 31, 1918, all bearing interest payable at the rate of 6 per cent per annum from Jan 1st 1919 interest payable annually. THEREFORE, in consideration of the sum of One Dollar paid to said party of the first part by the party of the second part, and for the purpose herein states, said party of the first part hereby sell and convey to the party of the second part, the following lands to wit: All that certain tract of land lying and situated and being in the county of Lenoir and State of North Carolina, near the town of Seven Springs and being tract number five formerly owned by Miss Jonnie Kornegay and known as Kornegay farm as surveyed and platted by M. M, Worthington, plat of which is on record in Lenoir County Register of Deed’s Office in Book 1, page 34 to which said plat reference is hereby made for a more perfect description: tract number five contains 32.42 acres. TO HAVE AND TO HOLD the said lands to said party of the second part for the uses and for the purposes following and no other: i.e. – if said party of the first part fails to pay the principal of said bonds and the interest thereon, or any part of either, when the same becomes due and payable, then all of said bonds and interests shall at once become due and payable, and it shall be lawful for and the duty of the said party of the second part upon application of the then owner of said bonds to sell said land for cash after lawful advertisement, at public sale to the highest bidder , in the town of Seven Springs Lenoir County, NC and make title to the purchaser. And the said party of the second part shall first retain five percent commission as his compensation on the whole amount received for said lands, and after paying all expenses of such sale, pay so much of the remainder to the party of the third part as may be due him, and the surplus, if any, to the said party of the first part, and it is agreed that any statement of fact by said party of the second part in his deed, or any act of his, as such trustee shall be considered prima facie, true and just. It is further understood that if said bonds shall be discharged as herein provided, then this trust is to be void, otherwise in full force and effect. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set his hand and seal the date above written. Jas. R. Daly (Seal) Witness: Oscar Hardy, JP NORTH CAROLINA, LENOIR COUNTY I, Oscar Hardy, Justice of the Peace, Lenoir County hereby certify that James R. Daly grantor of the foregoing Deed of Trust personally came before me, and duly acknowledged the due execution of the execution of the same as his act and deed for the purposes therein expressed. Witness my hand and notarial seal this the 31st day of Oct, 1918. Oscar Hardy JP NORTH CAROLINA, LENOIR COUNTY The foregoing certificate of Oscar Hardy a Justice of the Peace of Lenoir County, NC is adjudged to be correct and sufficient. Let the instruments with the certificates be registered. Witness my hand, this the 4 day of Nov. 1918. J.T. Heath Clerk Superior Court DEED OF TRUST FROM James R. Daly To T.R. Rouse Received in office Nov. 6, 1918 at 9 o’clock A.M., and recorded in Book 57 page 291. C.W. Pridgen Register of Deeds Stamped on outside of deed “ The within Mortgage, and Bonds secured thereby, having been presented to me marked ‘Satisfied’ by Grantee’s name is hereby cancelled in accordance with Chap. 180, Laws 1891”. File at: http://files.usgwarchives.net/nc/lenoir/deeds/daly580dd.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 5.2 Kb