Onslow County NcArchives Deed.....Company, Blades Lumber - Rochelle, Ephraim J. & Pene 1906 ************************************************ 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: Sloan S. Mason http://www.genrecords.net/emailregistry/vols/00016.html#0003873 February 28, 2019, 5:57 pm Written: 1906 Register of Deeds Office Onslow Co., NC Bk. 89 p. 312 Ephraim J. ROCHELLE & wife Pene ROCHELLE of Onslow Co., NC to Blades Lumber Co., of Onslow Co., NC 14 March 1906 This Deed made this the 14th day of March, 1906 by and between Ephraim J. ROCHELL and Pene ROCHELL his wife of Onslow Co., State of North Carolina of the first part, and the Blades Lumber Company of the said State of the second part: Witnesseth, that the said parties of the first part for and in consideration of the sum of One Hundred and Fifty ($150) dollars to them in hand paid by the party of the second part, the receipt of which is acknowledged, have granted, bargained and sold and by these presents do grant, bargain and sell unto the said party of the second part it’s successors and assigns, all the timber of every description of and above the size of twelve (12) inches at the base when cut, now standing or growing, or which may be during the ensuing term of ten (10) years, standing or growing, upon the tract of land hereinafter described, situate int he County of Onslow, State of North Carolina, bounded and described as follows: dying on the west side of New River and on the south side of Black Creek. Beginning at a Black cumin a small branch above the House, thence South, 9 East 74 poles to a stake, thence North 8 East 60 poles to a stake, thence north, 33 East 88 poles to a stake, thence north 19 West 100 poles to a stake thence South 72 West 67 poles to a stake, thence South 9 East to the beginning, containing fifty (50) acres, and being the same land conveyed Christopher STEPHENS to Ephraim ROCHELLE by deed bearing date August 19th, 1875 and recorded in the office of the Register of Deeds of Onslow County in Book 45, page 171. To have and to hold the said timber as specified and described, together with all the rights and privileges herein granted to the said party of the second part, the successors and assigns and the parties of the first part for themselves, their heirs, executors and administrators hereby convenient to and with the said party of the second part it’s successors and assigns, that they are seized in fee simple of the tract of land herein before described and that they have good right to convey the said timber thereon, that the said lands are free from all liens and encumbrances, and that they will warrant and defend the title and the rights and privileges herein granted against the lawful claims of all persons whatsoever and the parties of the first part covenant to and with said party of the second part, it’s successors and assigns for themselves, their heirs, executors, administrators and assigns that they will not cut or remove from said lands during the said term of ten (10) years, or during any extension of said term, any timber under the size herein specified and conveyed, except such timber under said size as may be necessary for the purpose of plantation use and fencing the said lands, which right is hereby reserved. And the parties of the first part hereby grant unto the said party of the second part, its successors and assigns an exclusive right of way 90 feet for the term of twenty years through and across the lands above described and any other lands owned by the parties of the first part for the purpose of cutting and removing the timber from said lands, or for the purpose of cutting and removing the timber from any other lands owned or controlled by the party of the second part, its successors and assigns. And the said parties of the first part also grant unto the said party of the second part its successors and assigns, a right of way 100 feet wide through the above described lands and all other lands owned by the parties of the first part, for a permanent railroad to be owned and operated by the party of the second part its successors and assigns, which right of way shall be held in fee simple and shall be sole and exclusive. Such right of way to be located by said party of the second part at and upon said land, as they may desire, and said right of way to be of the width above stated. And the parties of the first part also grant unto the said party of the second part, tis successors and assigns, the right to erect all tracks, building and fixtures upon said lands to be used for the objects herein before set forth, and also to remove the same at the pleasure of the party of the second part, its successors and assigns, also covenant to and with the said party of the second part, its successors and assigns, for themselves, their heirs, executors and administrators to pay all taxes and assessments upon the said land and timber so long as their contract may be in force, and the said parties of the first part hereby grant and assure unto the said party of the second part its successors and assigns the full term of then (10) years from this date subject to the right of extension hereinafter provided for, within which to cut and remove the said timber herein conveyed, and it is understood and agreed that the party of the second part, its successors and assigns may cut such of the timber on said lands under the size herein conveyed for the purpose of building tramways and railroads across the said lands and for everything and operating the said railroads and locomotives, and for the purpose of rafting and removing said timber. And the parties of the first part hereby contract and agree to extend the time, with all the privileges and rights of ways herein contained with in which the party of the second part its successors and assigns is to cut and remove said timber from said lands, after the expiration of the term herein before specified for the removal thereof from year to year, for a period of ten years, said extension to be made yearly upon the request of the party of the second part its successors and assigns, the party of the second part its successors and assigns to pay to the parties of the first part the sum of an amount equal to six percent of the purchase price upon each yearly extension of said time. In testimony thereof the said parties of the first part have hereunto set their hands and seals the day and year first above written. Ephraim J. (his X mark) ROCHELL (Seal) Pene (her X mark) ROCHELL (Seal) Signed, sealed and delivered in presence of J. W. BURTON North Carolina, Onslow county I, J. W. BURTON, Clerk Superior court do hereby certify that Ephraim J. ROCHELLE and Pene ROCHELL his wife, personally appeared before me this day and acknowledged the due execution of the within Deed of Conveyance, and the said Pene ROCHELLE wife of said Ephraim J. ROCHELLE being by my 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 of her said husband or of any other person, and that she doth still voluntarily assert thereto. Let the sam with this certificate be registered. This 14th day of March, 1906. J. W. BURTON Clerk of Superior Court Filed March 14, 1906 and registered in due form March 20, 1906. This Deed, made this the 14th day of March, 1906 by File at: http://files.usgwarchives.net/nc/onslow/deeds/rochelle904gdd.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 7.8 Kb