LAUDERDALE COUNTY, TN - DEEDS - R.M. Midyett to B.C. Durham 1922 ==================================================================== 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 by transcribed by Sarah Hutcherson <> ===================================================================== DEED BOOK L-3 PAGES 520 & 521--R.M.MIDYETT & Wife to W.L.MIDYETT & Wife (DEED) to B.C.DURHAM,(TRUSTEE).State of Tennessee,Lauderdale.Know all men by these presents,that we,R.M.MIDYETT and wife,MRS.JULIA MIDYETT,for and in Consideration of Five hundred dollars,$100 of which is cash in hand paid,the receipt of which is hereby acknowledged,and the balance of $400.00 evidenced by four promissery notes of even date herewith which W.L.MIDYETT and his wife,MATTIE MIDYETT,have this day executed to R.M.MIDYETT for $100.00 each due on the 15th day of November 1923,1924,1925 and 1926,inclusive,have this day bargained and sold and do by these presents hereby bargain,sell,transfer and convey unto W.L.MIDYETT,his heirs and assigns forever in fee simple the following described lots or parcels of land,lying,situate and being in the 14th Civil District of Lauderdale County,Tennessee,and being the same lots or parcels of lands conveyed to R.M.MIDYETT and JULIA MIDYETT,by deed of said I.W.PACE and wife of date 30th September 1921,which,we are this day having registered in the Register's Office and same will appear in Deed Book )-3 at same; that we have a good and lawful right to sell and convey the same; that the same is unencumbered except by said indebtedness,of $400.00 secured by said Venders lien and this deed of trust as aforesaid,and we will warrant and forever defend the title tosaid land unto the said B.C.DURHAM Jr.,Trustee,his heirs,assigns and successors in trust against the lawful claims of all persons whomsoever,except the holder of said notes secured by said vendors lien. Now if the said notes are paid in full as the same fall due under the terms of this instrument,then this deed of trust and said Vendors lien is to be null and void; but if default is made in the payment od said indebtedness or any part of the same,then the said Trustee or his successor in trust is authorized,at the request of the holder of any part of said indebtedness,to enforce said Vendors lien and foreclose this Deed of Trust and to advertise said tracts of land for twenty days by five or more written,printed,or typewritten posters or handbills,posted one in the Courthouse in Ripley,Tennessee,one in the district in which said lands lie,and in three other public places in said Lauderdale County,Tenn.,to sell said tracts of lands at public outcry for cash at the east door of the Courthouse in Ripley,Tenn.,to the highest bidder,selling same in bar of the equity of redemption or repurchase the same being hereby expressly waived,and make a deed to the purchaser and as far as we are concernedthe purchasers title shall be absolute.And said sale the holder of said indebtedness or any part of the same or the Trustee herein named or his successor in trust may bid on and buy said tracts of land if they or either of them desire to do so.And out of the proceeds of said sale the Trustee will first pay the costs of this deed of trust,including compensation to himself in the sum of 5% of the amount od said proceeds,and including a reasonable attorney fee for foreclosing this deed of trust,collecting said indebtedness or for representing said trustee,his successor in trust,the holder of said indebtedness or any part of same,in any litigation which may arise over this instrument,said indebtedness or said lands.He will then pay off said indebtedness in full and the balance,if any,he will pay over to R.M.MIDYETT or on his order.If the said Trustee should be absent,refuse or for any reason be unable or incapacitated to act,when the holder of said indebtedness or any part of same,desires him to act,then the holder of any part of said indebtedness may by writing duly signed,acknowledged and recorded in the Register's Office of Lauderdale County,Tennessee,appoint another trustee to act in his place and stead and do so as often as is necessary to carry out the purposes of this deed of trust.And the said B.C.DURHAN JR.,Trustee,and his successors in Trust,are each and all expressly relieved of the necessity of qualilfing,giving bond or making settlement as such in the County Court of Lauderdale County,Tenn. And we,W.L.MIDYETT and Wife,agree to pay too keep the place up and pay the taxes on said lands and if we should fail or refuse to do so,then the holder of said indebtedness or any part of same may declare the indebtedness due and collectible by foreclosure of this deed of trust or he may pay the said taxes and keep the place up and charge the costs to W.L.MIDYETT and wife the said charges to become a debt owing us,drawing 65 interest from date of payment,due the time paid and secured by this deed of trust as it's instrument,then we,W.L.MIDYETT and Wife acknowledge ourselves then at will of the purchaser and agree to give possession up on demand and if we should fail or refuse to do so then the said trustee or his successor in trust is authorised to appear before any Justice of the Peace in and for Lauderdale Co.Tenn.,having cognizance of such causes and for us and in favor of the purchaser confess judgement against us as in the forcible entry and unlawfuldetainer came to the end that a writ of possession may issue to place the purchaser in possession.And I, MRS.MATTIE MIDYETT,wife of W.L.MIDYETT,hereby release,relinquish and convey unto said B.C.DURHAN,JR.,Trustee,all my rights of homestead,dower and any and all other rights that I may have in and to said tracts of land and agree that in case of sale hereunder the purchasers title shall be absolute. The taxes for the year 1922 are to be paid by W.L.MIDYETT and possession given to the Vendee on the 15th day of November,1926 or before that time upon payment of said indebtedness or prior death of grantors or if grantors move off said place,Vendee shall have possession immediately.In Witness whereof we have hereunto subscribed our hands and executed this istrument on this the 23rd day of December 1922. R.M.MIDYETT. JULIA (her X mark) MIDYETT. W.L.MIDYETT. MATTIE MIDYETT. STATE OF TENNESSEE-LAUDERDALE COUNTY--Personally appeared before me,L.E.CRIHFIELD,a Notary Public in and for said county,R.M.MIDYETT and his wife,JULIA MIDYETT; and W.L.MIDYETT and his wife,MATTIE MIDYETT;the within named bargainors,with whom I am personally acquainted.and who acknowledged that they executed the within instrument for the purposes therein contained.And JULIA MIDYETT,wife of R.M.MIDYETT,and MATTIE MIDYETT,wife of said W.L.MIDYETT,having appeared before me privately and apart from their husbands,the said JULIA MIDYETT and MATTIE MIDYETT acknowledge the execution of said instrument to have been done by them freely,voluntarily and understandingly,without compulsion or constraint from their husbands,and for the purposes therein expressed.Witness my hand and seal of office at my office in Ripley,Tennessee,this 26th day of December 1922. My commission expires April 22.1923. L.E.CRIHFIELD,N.P. Presented for registeration on the 30th day of December 1922 at 1:28 p.m. W.L.DURHAM Register.