Lenoir County NcArchives Deed.....Dawson, John W. - Hill, Roscoe & Dorothy 1940 ************************************************ 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 19, 2010, 3:50 pm Written: 1940 From the Roscoe F. Hill Collection in the possession of Hazel Ruth Hill Yarbrough, Lenoir County Transcribed by Hazel Ruth Hill Yarbrough from the original. 1940 Deed of Trust – Roscoe and Dorothy Hill to John G. Dawson, Trustee NORTH CAROLINA, LENOIR COUNTY This INDENTURE made this twenty-eighth day of February, 1940, by and between Roscoe Hill and wife, Dorothy Daly Hill, of the first part, to John G. Dawson, Trustee, of the second part, and L.C. Ferrell and G.C. Worthington, partners trading as the Cash Supply Store, of the third part, all of the aforesaid State and County. WITNESSETH: THAT, WHEREAS, the first parties are justly indebted to the third parties in the sum of Twelve Hundred Dollars ($1200.00), as is evidenced by their one certain bond of even date herewith in the sum of Twelve Hundred Dollars ($1200.00) and maturing on or before 1 year after date and bearing interest from date payable annually for so long as the said bond may remain unpaid, and, WHEREAS, it has been agreed by and among the parties hereto that the said bond shall be secured by the conveyance of the hereinafter described lands unto the second party. NOW, THEREFORE, in consideration of the premises and for and in consideration of the sum of Five Dollars ($5.00) in hand paid to the first parties by the second party, the receipt of which is hereby fully acknowledged, the said first parties have given, granted, bargained and sold and by these presents do give, grant, bargain ,sell and convey to and unto the said second party and his legal representatives the following described tract of land which is situated in the aforesaid State and County and in Institute Township, and being that same land described in that certain deed of conveyance executed by A.W. Taylor and wife, unto the first parties herein and dated February 28, 1940 , and which said tract of land is more particularly described as follows: Adjoining the lands of J.W. Brothers and others and bounded as follows: Being lot # 6 appropriated to T.D. Wilson in severalty in the division of the Alexander Wilson lands, and bounded as follows: Beginning at a stake in James M. Hines’ line, and running with his line West 10 ˝ (one half) poles to a stake and a pine at the head of jumping run, thence running down the run of the same to a stake, a corner of lot No. 5, thence running with a line of said lot No. 5 N 3 E 195 poles to a stake on the run of Robert’s marsh, thence running up the run of said marsh to a maple, the beginning corner of lot No. 7, thence S 3 W 200 poles to the beginning, containing sixty –eight and one- half (68 ˝) acres. TO HAVE AND TO HOLD the same with all privileges and appurtenances thereunto belonging or in anywise appertaining unto him, the said second party and his legal representatives upon the uses and trusts herein declared. And the said first parties for themselves and their legal representatives covenant to and with the second and third parties and third parties and their legal representatives that they are seized of said premises in fee and have a right to convey the same in fee simple and have done do by this indenture; that the same are free and clear of all encumbrances and that they will and do hereby warrant and defend the title to the same against the lawful claims of all persons. NOW, THEREFORE, if the said first parties shall well and truly pay the said bond, both as to principal and interest, as the same shall mature, and shall discharge fully the trusts herein declared, then and in that event this indenture shall be null and void; otherwise to be and remain in full force and effect. But if default shall be made in the payment of the said bond, then and in that event it shall be lawful for, and full power and authority are hereby given unto the second party, and upon the application of anyone entitled to any part of the proceeds due under said bond such shall be his duty, to sell the herein granted premises to the highest bidder for cash at the courthouse door in Kinston, North Carolina, and convey the same to the purchaser in fee simple, after having advertised the same as is now required by Section 687 of the Consolidated Statutes, and from the proceeds arising fro said sale to pay off and discharge the said bond in all respects as the same my then be due, together with all cost and expense incurred in said sale, and then retain for himself as compensation for acting as Trustee herein the sum of five per centum of the amount for which the said lands may be sold and pay the remainder, if any, unto the s aid first parties, or their legal representatives. IN TESTIMONY WHEREOF, the said first parties have hereunto set their hands and seals the day and date first above written. Roscoe Hill (Seal) Dorothy Daly Hill (Seal) NORTH CAROLINA, LENOIR COUNTY Personally appeared before me this day Roscoe Hill and wife, Dorothy Daly Hill, makers of the foregoing deed of trust, and acknowledged the due execution thereof for the purposes therein expressed. And the said Dorothy Daly Hill, wife as aforesaid, being by me privately examined, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion on the part of her said husband, or of any other person, and that she doth still voluntarily assent thereto. Witness my hand and notarial seal this 28th day of February, 1940. H.H. Taylor Notary Public My com. Expires 6/21/41. STATE OF NORTH CAROLINA, LENOIR COUNTY The foregoing certificate with Notarial Seal attached is adjudged to be correct. Let the instrument, with the certificate, be registered. Witness my hand this 4 Day of March, 1940. Doris Sutton Asst. Clerk Superior Court INDEXED Roscoe Hill and wife, Dorothy Daly Hill To John G. Dawson, Trustee Filed for Registration at 11:30 o’clock AM Mar 4, 1940 and recorded in Book 176 Page 255 Camille Aldridge Register of Deeds Lenoir County Copy of note from Roscoe and Dorothy Hill to John G. Dawson, Attorney and Counselor at Law, Kinston, North Carolina: Kinston, NC, February 28, 1940 On or before 1 year after date, the undersigned for value received, promise to pay to Cash Supply Store, or order, Twelve hundred Dollars, with interest from date until paid at the rate of 6% per annum, payable annually at Kinston, NC. The subscribers, sureties, guarantors and endorsers hereof agree to remain and continue bound therefor, notwithstanding any extension or extensions of the time of payment of it, or any part of it, and notwithstanding any failure or omission to make presentment or demand for its payment or to protest it for nonpayment or to give notice of its non-payment or dishonor or protest, and hereby expressly waive any and all presentment or demand for its payment, and protest for its non-payment, and any and all notice of any extension of time of payment of it, or any part of it, or of its nonpayment or any other notice whatsoever. This bond is secured by deed of trust of even date herewith conveying real estate to John G. Dawson, Trustee. Witness our hands and seals. Roscoe Hill (Seal) Dorothy Daly Hill (Seal) For value received we hereby assign and transfer the Mortgage Deed of Trust to Mrs. Esbrann Hill without recourse, this March 4th, 1940. Cash Supply Store By G.C. Worthington Received on within note, Two hundred dollars, this March 4th, 1940 For value received we hereby assign and transfer the mortgage note to Mrs. Esbrann Hill without recourse. This March 4th, 1940 The Cash Supply Store By L.C. Ferrell, Partner Oct. 18, 1940 Received of Roscoe Hill as payment on Mortgage. Five Hundred no/100 dollars and interest. Mrs. F.D. Hill Sept. 9, 1941, Paid $500.00 and interest. Paid in full. Esbrann Hill At the bottom of a work sheet with a description of the property is the notation that the property was surveyed in 1880. This may have been the date in which the Alexander Wilson property was divided among his heirs. File at: http://files.usgwarchives.net/nc/lenoir/deeds/hill614gdd.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 9.1 Kb