Lenoir County NcArchives Deed.....Whitaker, R. A. - McLawhorn, Mammie J. 1934 ************************************************ 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, 8:54 pm Written: 1934 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. 1934 Deed of Trust – Mammie J. McLawhorn to R.A. Whitaker, Trustee STATE OF NORTH CAROLINA, LENOIR COUNTY THIS INDENTURE, Made and entered into this 9th day of January, AD 1934, by and between Mammie J. McLawhorn (Widow) of Lenoir County and State of North Carolina, party of the first part, and R.A. Whitaker (Trustee) of Lenoir County and State of North Carolina, party of the second part, and Harry Pearson of Lenoir County and State of North Carolina, party of the third part: WITNESSETH, That whereas the said First party is indebted to said third party in the sum of One Thousand Dollars for which the said first party has executed and delivered to said Third party as aforesaid, 10 bonds of even date with this deed, in the sum of $100.00 each. First Bond Due and payable November 15th, 1934 and one due and payable November 15th each year thereafter until and encludeing(sic) the year 1943, payable after date, with interest on said sum of $1000.00 from date until paid at the rate of six percent per annum, payable annually, and it has been agreed that the payment of said debt shall be secured by the conveyance of the land hereinafter described: NOW THEREFORE, in consideration of the premises, and for the purpose aforesaid and for the sum of one dollar to the parties of the first part paid by the party of the second part, aforesaid first party have bargained, sold, given, granted, and conveyed, and by these presents do bargain, sell, give, grant and convey to the said R.A. Whitaker (Trustee) and his heirs and assigns, a certain tract of land lying and being in Institute Township, Lenoir County aforesaid, and more particularly described as follows: Beginning at a stake on the Hull Road it being the southwest corner of George Byrd and the Northeast corner of E.B. Byrd, and runs S 84 8 E, with line of George Byrd, 551 feet to a stake, George Byrd’s corner: thence N 89 40 E with line of George Byrd. 1100 feet to a stake in George Byrd’s line, it being the northeastern corner of Lot No. 2 allotted to Lina Gregory Rouse’s line, 2884 feet to a stake in the line of H.W. Brothers: thence N 45 W with said Brothers line, 662 feet to a stake, pine pointer’s: thence N 19 40 E 710 feet to a black gum: thence N 15 40 E 190 feet to a stake E.B. Byrd’s corner: thence N 68 10 E 586 feet to Hull Road, E.B. Byrd’s corner: thence N 17 35 W with Hull Road 913 feet to the beginning, containing 49 acres more or less, and being lot No. 1 in the division of the lands of the late Henry Gregory, deceased, allotted to Herman Gregory. Reference is also given to Deed of Record in Book 118 page 255 in the office of the Register of Deeds for Lenoir County, N.C. This is a Purchase Money Deed of Trust. TO HAVE AND TO HOLD said land and premises, with all the rights, privileges and appurtenances thereunto belonging, to R.A. Whitaker (Trustee) and his heirs and assigns, upon the trusts and for the uses and purposes following, and none other, that is to say: If the said first party shall fail or neglect to pay on said bonds as the same may hereafter become due, or both principal and interest at the maturity of the bonds, or any part of either, them, on application of said third party, or his assignee, or any other person who may be entitled to the moneys due thereon, it shall be lawful for and the duty of the said R.A. Whitaker (Trustee) to advertise at the courthouse door and in three or more other places in Lenoir County, for thirty days immediately preceding such sale, and in some newspaper published in said county at least once a week for four weeks, therein appointing a day and place of sale, and at such time and place to expose said lands at public sale to the highest bidder, for cash, and upon such sale to convey said lands to the purchaser in fee simple. And the said R.A. Whitaker (Trustee) first retaining five per centum commission on the proceeds of the whole of said land sold, as a compensation for making such sale, shall apply so much of the residue of said proceeds of such sale as may be necessary to payoff and discharge said bonds and all interest then accrued and due thereon, and shall pay the surplus, if any remain, to said first party. And the said party of the first part further covenant and agree to and with the said parties of the second and third parts that will keep the premises above conveyed insured in some responsible insurance company, acceptable to said trustee, in the sum of ----dollars, and that she will keep all taxes paid upon said property; and if said party of the first part shall fail to do this said party of the second part or said party of the third part may effect such insurance and pay such taxes, and all premiums so paid for insurance and amounts so expended in payments of taxes by said party of the second or third part, with interest from date of payment at 6 per cent, shall be secured under this conveyance and be due and payable at the time of the next installment of interest thereafter. And said parties of the first and second parts do hereby covenant and agree to and with said party of the third part, that in case the said trustee shall die, become incapable of acting, renounce his trust, or for other reason become unacceptable ot said party of the third part, then, upon notice to the parties of the first and second parts, if living, the party of the third part my appoint , in writing, a trustee to take the place of the party of the second part, and upon the probate and registration of the same the trustee thus appointed shall succeed to all the rights and powers of the party of second part. IT IS FURTHER STIPULATED AND AGREED that any statement of facts or recital by said trustee in this deed in relation to the nonpayment of the money secured to be paid, the amount due, the advertisement, sale, receipt of the money, and the execution of the deed to the purchaser, shall be received as prima facie evidence of such fact. AND IT IS STIPULATED AND AGREED that if said first party shall pay off said bonds and interest and discharge fully the trusts herein declared, before such sale, or the same shall be done by a sale of part of said lands, then so much of said lands as may not have been sold, and are not required to meet any of said trusts, shall be reconveyed to said first party or the title thereto be revested in her according to the provisions of law. IN TESTIMONY WHEREOF, the said first party do hereto subscribe their respective names and affix their several seals. Mammie J. McLawhorn (Seal) ATTEST: J.W. Kilpatrick STATE OF NORTH CAROLINA, LENOIR COUNTY I, J.W. Kilpatrick a Notary Public, do hereby certify that Mammie J. McLawhorn (Widow) personally appeared before me this day and acknowledged the due execution ot the foreging instrument, for the purposes therein expressed. Witness my hand and Notarial seal, this 9th day of January AD, 1934. My commission expires Jan. 18, 1934 J.W. Kilpatrick Notary Public STATE OF NORTH CAROLINA, LENOIR COUNTY The foregoing certificate of J.W. Kilpatrick a NP of Lenoir County, is adjudged correct. Therefore let the instrument, with the certificates, be registered. Witness my hand, this 11 day of Jany AD, 1934. JP Heath Clerk Superior Court DEED OF TRUST Mamie J. McLawhorn (Widow) R.A. Whitaker (Trustee) For Harry Pearson OFFICE OF REGISTER OF DEEDS LENOIR COUNTY, NC I hereby certify that this within Deed of Trust was filed in this office for record on the 22 day of Jan AD, 1934 at 4 o’clock PM and was duly recorded in Book 123 page 20. This 16 day of Jan. 1934. Camille Aldridge Register of Deeds File at: http://files.usgwarchives.net/nc/lenoir/deeds/mclawhor589dd.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 8.6 Kb