MONTGOMERY COUNTY, NC - DEEDS - P.C. Sanders & Lou T. Sanders to C.C. Wade, 1894 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Sandra A Elliott allenelliott@InfoAve.Net ==================================================================== In the NC Archives found June 2000 Sandra A. Elliott Atlas Cochran Special Collection in Fibrebox labeled Deeds 1872-1899 Deed of Trust P.C. Sanders & Lou T. Sanders to C.C. Wade Office of Register of Deeds Montgomery County, NC I hereby certify that the within deed of trust was filed in this office for record on the 7 day of December A.D. 1894, at 12 o’clock and was duly recorded in book 30? Page 342 G. S. Beaman, Register of Deeds Probate due .25 Register fees due 2.10 State of North Carolina Montgomery County This indenture made and entered into this 5th day of December 1894 be and between P.C. Sanders and wife Lou T? Sanders of Montgomery County aforesaid party of the first part J.R. Blair of Montgomery County in said state party of the second part and C.C. Wade of Montgomery County aforesaid party of the third part Witnesseth, for that whereas the said P.C. Sanders & Lou T. Sanders is indebted to the said C. C. Wade for money loan by him in the sum of five hundred dollars, for which the said P.C. Sanders & Lou T. Sanders has executed and delivered to said C. C. Wade as aforesaid his bond of even date with this deed, in said sum of five hundred dollars payable 1st day of December after date, with interest thereon from date until paid, at the rate of eight per centum per annum, payable semi-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 party of the first part paid by the party of the second part, aforesaid, said P.C. Sanders and wife Lou T. Sanders have bargained sold, given, granted and conveyed, and by these present do bargain, sell, give grant and convey to said J. R. Blair his heirs and assigns, a certain tract of land lying and being in Montgomery County aforesaid and more particularly described and defined as follows: First Tract: Pee Dee Township Byrd lands, beginning on an ash on Creek of Rocky Creek, red Byrd’s corner of lot surveyed for J. M. Moore, thence with his line South 76 ½ East 64 poles to a stone pile by R.Q. Sanders? Thence South 70 ½ East 60 poles to white oak on side other road. Thence on the road North 19 ½ East 99 poles to stake in the old line thence with the old line North 62 West 99 poles to a stake in Julian Tolbert line thence south 2 poles to a stake on the ?? Afaid Creek, thence down the various courses of said Creek to the beginning containing 67 acres ore or less Second tract: situate in Uwharrie Township known as the P.C. Saunders homeplace, beginning at stake in the public road on the west side of Dutchman Creek, being John Cornelison’s corner and running thence S.W. 10 poles by pointer Kron’s corner, thence N 80 E 9 poles to a stake by pointers own the east Caulk Fsail Creek, thence up the said creek its various courses 78 poles to a stake on the Monatock Gold Mine road, thence northerly along the westerly Monatock road being the old road N.S. 5 W 10 poles, N. 12 E. 18 poles, N. 18 E. 18 poles, N. 29 E 7 poles to a stake in the Troy toad, thence with said Troy road westwardly 93 poles to the place of the beginning. The gold mineral interest in excepted. Third tract: situated in Ophir township, adjoining the Ginnessee Gold Mine, Nat Hall & others, beginning at the mount of the Gold Mine Branch in Uwharrie River, & runs thence up the various courses to said branch to D. E. Lyon’s corner below the road, thence with his line northward about 20 poles to his other corner red oak on the south side of the other road, thence with his other line North 48 east 84 poles to a stake on his line, thence North 34 W. 86 poles to a stake on the Gauk of Uwharrie River, thence down with the various courses of said river to the beginning containing 217 acres, more or less, And the balance after said homestead hath adjoining this laid off for dower marking in all about 255 acres, more or less. Fourth tract: Situated in Ophir township adjoining the lands of Armstead Hurley, deceased, John Wright & N. M. Morgan as the waters of a creek beginning on a mountain oak Armstead Hurley’s corner, then East 10 poles to a pine, then North 10 east 90 poles to a maple then West 180 poles to a black oak, then south 28 poles to a pine, then south 36 east 65 poles to said A. Hurley’s corner then 40 poles to the beginning, Second tract beginning on a gum on a branch and runs with the above tract north 36 west 52 poles to corner five then, with said line north 28 poles to corner black oak, then with his line south 80 east 102 poles to stake in his line of another tract, then with said line north 76 poles to a hickory corner of said Morgan’s Moore and Cranford’s thence with Cranford’s line west 90 poles to a stake in Neill Hurley’s line then with his line south 10 poles to his corner then west 150 poles with said Hurley’s line to a stake then south 2 east 140 poles to A. Hurley’s line then with his line north 45 east 110 poles to his corner a white oak then with his other line south 55 east 100 poles to the beginning. III Tract Beginning at Lewis Moore’s east corner and runs south 20 poles to a stake, red & post oak poles, then west 90 poles to and with John Morgan’s line to a stake, then north 90 poles to said Morgan’s south west corner hickory then east 90 poles with his line to the beginning, all containing 250 acres, more or less Fifth tract: Situated in Moore County, known as Bray Gold Mine, beginning at a stake 2 white oak and dogwood poles another east bank of a small branch runs then east 1 chain to a sourwood and dogwood poles, thence south 25 east 33 chains and 5 links to a stake red oak, post oak & blackjack ps., in Enoch Freeman line, thence with his lie east 55 chains to a stake 3 blackjack pls., thence north 13 chains, end 50 links to a stake, James Melton’s? line thence with his line west 55 chains to a stake, five poles, thence with Neill Melton’s line north 30 west 34 chains to 3 pines, thence north 75 east 4 chains & 50 links to a stake thence north 19 west 8 chains & 75 links to Wolf Creek, thence up said creek 10 chains & 75 links to a stake on the south fork of said creek, thence south 3 east 6 chains & 50 links to a small branch, thence up said branch to the beginning containing 111 acres, more or less To have and to hold said land and premises, with all the rights, privileges and appurtenances hereunto belonging, to him, said J. R. Blair, his heirs and assigns, upon the trusts and for the uses and purposes following, and none other, that is to say: If the said P.C. and Lou T. Sanders shall fail or neglect to pay interest on said bond as the same may hereafter become due, or both principal and interest at the maturity of the bond or any part of either, then on application of said C. C. Wade his assignee or other person who may be entitled to the moneys due thereon, it shall be lawful for, and the duty of the said J. R. Blair to advertise in three or more public places in Montgomery County aforesaid, for a time not less than thirty days, herein appointing a day and place of sale, and at such time and place to expose said land at public sale to the highest bidder for cash, and upon such sale to convey title to the purchaser. And the said J. R. Blair first retaining 5 per centum commission on the sale of the whole of said land sold as a compensation for making such sale out of the proceeds of such sale, shall apply so much of the residue as may be necessary to pay off and discharge said bond and all interest then accrued and due thereon, and shall pay the surplus, if any remain, to said P. C. Sanders and Lou T. Sanders It is further stipulated and agreed, that any statement of facts or recital by said trustee in his deed in relation to the non-payment of the money secured to be paid, the amount due, the advertisement sale, receipt of the money, and the exception 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 P.C. Sanders and Lou T. Sanders shall pay off said bond 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 reconvened to said P.C. Sanders and Lou T. Sanders or the title thereto be revested in him according to the provisions of law. In testimony whereof, the said P. C. Sanders and wife Lou T. Sanders do hereto subscribe their respective names and affix their several seals. P.C. Sanders seal Lou T. Sanders seal State of North Carolina Montgomery County I, D. E. Pemberton do hereby certify that P.C. Sanders and Lou T. Sanders his wife, personally appeared before me this day, and acknowledged the due execution of the annexed deed of trust; and the said Lou T. Sanders being by me privately examined separate and apart from her said husband, touching her voluntary execution of the same, doth states that she signed the same freely and voluntarily, without fear or compulsion of her said husband, or any other person, and that she doth still voluntarily assent thereto. Let the same, with this certificate, be registered. Witness my hand and official seal, this the 5th day of December 1894 D.E. Pemberton, J. P. North Carolina Montgomery County The foregoing certificate of D. E. Pemberton, J.P. as and for Montgomery County is adjudged to be correct and sufficient let the instrument with the certificate be registered Witness my hand and official seal This the 7th day of December 1894 Jno. S. Lewis, C.C. (Clerk of Court)