Lenoir County, NC - Deeds File contributed for use in USGenWeb Archives by Sloan Spence Mason Deed of Trust: Levi POWELL to Wm. C. LOFTIN-1839 Copied by Martha Mewborn Marble with permission of "Heritage Place" at Lenoir Community College. Abstracted by Sloan S. Mason File: POWELL 16882-2 Donated by Rachael BEALE & Nancy STANLEY (p.141-143) (POWELL/VAUSE/LOFTIN/WILLIAMS/PHILLIPS/BAKER/DUNN/MOORE/DESMOND/LOVICK) This Indenture made and executed the 2nd day of April one thousand eight hundred and thirty nine between Levi POWELL of the first part, Jesse VAUSE of the second part and William C. LOFTIN of the third part, all of the County of Lenoir and State of North Carolina; witnesseth that whereas the said Levi POWELL is justly indebted to the said William C. LOFTIN in the sum of four hundred dollars for which said POWELL has given three notes dated this 2nd April 1839 payable to sd. LOFTIN, the 1st note due 1st Jany. 1840, the 2nd due 1st Jany. 1841, and 3rd note due 1st Jany. 1842 for one hundred and thirty three and a third dollars each, all to draw interest from 1st Jan. 1840 until paid. And whereas the said Levi POWELL is desirous and solicitous to secure and save harmless the said William C. LOFTIN on account of the aforesaid sum of money which is justly due him and for and in consideration of the sum of one dollar to the said Levi POWELL in hand paid by said Jesse VAUSE-at or before the sealing and signing of these presents the receipt whereof is hereby acknowledged he the said Levi POWELL hath bargained sold, conveyed and confirmed and by these presents doth hereby grant bargain, sell, alien, convey and confirm unto the said Jesse VAUSE-his heirs and assigns forever a certain tract of land lying and being in the County of Lenoir adjoining the land of Simon WILLIAMS and others, bounded as follows viz. Beginning at said Levi POWELL'S corner in Reedy Branch, runs with the various courses of said Branch to the main road leading from Little Sister Meeting House to Kinston, then up said road to a black Jack Corner made between Simon WILLIAMS and Council PHILLIPS then with the dividing line between said PHILLIPS and WILLIAMS to Frederick BAKER'S corner then with his line to Levi POWELL'S line then with POWELL'S line to the beginning containing fifty six acres more or less. To have and to hold the above described land and premises, unto him the said Jesse VAUSE his heirs, executors, administrators and assigns forever. But it is hereby expressly declared that the conveyance of the aforesaid lands and premises is made in Trust and in confidence that if the Levi POWELL shall fail to pay to the said William C. LOFTIN the aforesaid notes whenever required thereto by the said William C. LOFTIN after they become due, then upon the default of the said Levi POWELL to pay and satisfy the same, the said Jesse VAUSE his heirs, Executors, Administrators or assigns whenever required thereunto by the said William C. LOFTIN, his heirs, Executors, Administrators or assigns shall after making public ck? Advertisement for the space of forty days at the Court House in Kinston and two other places in the County, upon the sale of the aforesaid tract of land with all the appurtenances, thereunto belonging to the highest bidder for ready money and out of the proceeds of such sale shall pay and satisfy the aforesaid notes with all interest thereon and reasonable expenses which may have accrued by the default of the said Levi POWELL. And the said Levi POWELL doth agree that he hath lawful right and authority to convey the said lands and premises to the said Jesse VAUSE-his heirs, Executors, Administrators, or assigns for the purposes above specified, that the said lands are free from Judgements, Executors, or any incumbrances, whatsoever, and it is hereby provided and agreed upon by all the parties to this indenture that until the said Jesse VAUSE shall be required by the said William C. LOFTIN to provide and sell the said lands for the purpose heretofore set forth, that the said Levi POWELL may remain in possession of the lands hereby conveyed and when the said notes, the payment of which is hereby intended to be secured, shall have been paid off by the said Levi POWELL, and the said William C. LOFTIN, satisfied and paid then this Indenture shall be valid, and it is further declared that the same is intended for no other purpose than to secure the payment of the aforesaid notes, interest and other expenses which may accrue thereon by the default of the said Levi POWELL. In Witness of all which the parties have hereunto set their hands and seals the day month and year first above written. Levi (x) POWELL His mark Jesse VAUSE Wm. C. LOFTIN Signed, sealed and delivered in presence of: S.P. DUNN Nedham MOORE State of North Carolina Lenoir County Court of Please and Quarter Sessions, April Term 1839 Then was the execution of the foregoing deed of Trust duly acknowledged by all the parties thereto and ordered to be registered. Lewis C. DESMOND, Clerk. Enrolled in the Registers Office of Lenoir County, 12th day of April 1839. Geo. T.? LOVICK, Regr. 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