LAUDERDALE COUNTY, TN - DEEDS - W.A. Parrish to G.L. Fitzgerald 1936 ==================================================================== 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 W.A.PARRISH et ux Laura PARRISH to G.L.FITZGERALD et ux Mattie FITZGERALD and G.L.FITZGERALD and wife Mattie FITZGERALD to Deed Of Trust B.C.DURHAM Jr TRUSTEE DEED BOOK A--4 Pages 418-19-20 Register's Fee $2.25 J.M.CARNEY Register Filed Dec.30 1936 STATE OF TENNESSEE} } LAUDERDALE COUNTY} Know All Men By These Presents: We,W.A.PARRISH and wife Laura J. PARRISH,for the considerations hereinagter have the day bargained and sold and do hereby bargain,sell,transfer and convey unto Gus L.FITZGERALD and wife,Mattie FITZGERALD,as tenants by the entirety,their heirs and assighns forever in fee simple a certain tract of land with all the improvements thereon situated in the 11th district of Lauderdale County,Tennessee and bounded as follows:to wit: BEGINNING at the northwest corner of the tract given to J.W.PITTS in the division of the Pitts land at a stake,2 dogwood and gum pointers;thence east 110 poles to a poplar marked xxSE;thence south 109-2/3 poles to a stake,the LIGHTFOOT heirs southeast corner;thence west 110 poles to a stake in the Lightfoot's north boundary line;thence north 109-2/3 poles to the BEGINNING,containing 75 acres,more or less. Being same tract of land conveyed to James E.GILLESPIE by deed of Henry T.PITTS of record in Deed Book W pg 175-6 of the Register's ogffice of Lauderdale County,Tennessee,and set aside to Laura GILLESPIE,noe Laurs J.PARRISH,in the case of Gillespie vs Gaines,County Court of Lauderdale County,Tennessee {1896},Minute Book S,pages 180 et seq.,to which reference is here made. Also,a roadway conveyed to vendors herein by deed of V.T. LIGHTFOOT et al of record in said register's office in Deed Book D-3,pgs 512-13 of the Register's office of Lauderdale County,Tennessee, to which reference is here made and is described as follows; BEGINNING at an iron stake in the Ripley and Lightfoot road;runs thence 20 feet to a stake;thence north our tract of land to a stake in the south boundary of the W.A.PARRISH land,said line north being parallel with the northwest corner of the J.B.GRIGGS land sold to him by W.W.CRAIG,said corner of J.B.GRIGGS land being an iron stake which stands sixteen feet west of a persimmon;thence east 20 feet to J.B.GRIGGS northwest corner;thence south with GRIGGSand our dividing line to the beginning point,containing one-fourth of an acre,more or less. TO HAVE AND TO HOLD the abovedescribed tract or parcel of land together with all and singular the tenements,hereditaments improvements and appurtenances thereunto belonging unto the said G.L.FITZGERALD and wife Mattie FITZGERALD,as tenants by the entirety their heirs and assigns forever in fee simole. We COVENANT THAT WE are lawfully seized and possessed of the same and that the same is unencumbered except as hereinafter shown and that we will warrant and forever defend the title to the said real estate unto the said vendees,their heirs and assigns against the lawful claims of all persons whomsoever. POSSESSION is to be given the vendees January 1,1937,but T.T.HODGE,tenant,has a verbal contract with the vendors herein for 1937 on a rental of 1/3 of the corn and 1/4 of the cotton and vendees know of this contract and are to carry it out with T.T.HODGE and all rents are to be paid the vendees herein. THE CONSIDERATION of this conveyance is $3,000 of which amount $2,000 is cash in hand paid to us,the receipt of which we hereby scknowledge and the balance of $1,000 is represented by two notes of even date herewith each due December 1,1937 and December 1,1938 respectively,payable to the order of vendors herein,said notes bear 6% interest from Dec.30,1936. AN EXPRESS VENDOR'S LIEN in hereby retained on the said land hereby conveyed to secure the payment of the said two notes above described. IN WITNESS WHEREOF we hereunto suscribed our names this December 30,1936. LAURA J.PARRISH W.A.PARRISH DEED OF TRUST TO FACILITATE THE ENFORCEMENT OF VENDOR'S LIEN ABOVE RETAINED And now in order to facilitate the enforcement of the vendor's lien retained hereinabove but in no manner to waive or relinquish the same,we G.L.FITZGERALD and wife Mattie Fitzgerald hereby bargain, sell, transfer and convey unto B.C.DURHAM, Jr., Trustee,his successors in trust and assigns the hereinabove described and conveyed tract or parcel of land, to have and to hold the said lands together with all and singular the lands,tenements,hereditaments and appurtenances thereunto belonging unto the said trustee his successors in trust and assigns forever in fee simple. If we shall well and truly pay the two said notes above described when the same shall become due and payable then this deed of trust shall be void and for nothing to be held,BUT NOW IF WE DO NOT PAY THE SAID indebtedness above described and hereby secured the trustee is authorised to take immediate possession of the said tract or parcel of land and after advertizing the same for sale for twenty days or more than five written printed or typewrittenposters or handbills,posted one at the courthouse in Ripley,Tennessee,one in the civil district where the property is located,and in three other public places in Laurderdale County,Tennessee and within legal hours at the west door of the courthouse in Ripley,Tennessee,expose and offer the said land for sale at public outcry to the highest and best bidder for cash in bar of equity of redemption and repurchase;the same being hereby expressly waived by us,and made a deed to the puschaser. OUT OF THE PROCEEDS of said sale the trustee will pay all the costs of this deed of trust,including compensation of the trustee in the amount of 5% of the total proceeds of said sale and an attorneys fee of 10% if an attorney is employed the said indebtedness or any part thereof with or without a suit,and thenthe said trustee will pay all sums expended under the terms of this trust such as taxes etc.,and then pay the indentedness hereby secured and the balance if any he will pay over to our order. WE AGREE; 1. To keep all taxes on the said property paid up to due. 2. To keep the improvements on the said property in good repair and insured in some reliable insurance company against loss of fire and windstrom with the loss payable to the holder of the said indebtedness as his interest may appear. 3. That in event we fail,refuse or become incapacitated to do so,then the trustee or holder of the said indebtedness hereby secured may do or have the same done for us at our expense and the costs of doind so shall be a part of the indebtedness hereby secured and the holder may at his option proceed to foreclose this deed of trust. 4. The within named trustee and shall be expressly excused from qualifying as such in the county court of Lauderdale County etc.,and in the event the trustee so named therein shall be absent,fail,or refuse to act when the holder of the said indebtedness may by writing duly signed,acknowledged and recorded in the register's office of Lauderdale County,Tennessee,appoint and substitute another trustee to act in his place and stead and the trustee so appointed shall have all the rights,powers,privileges as herein given to the within named trustee,and the holder of the said indebtedness may do so as often as is necessary to carry out the terms and purposes of this deed of trust. Witness our hands this December 30,1936. G.L.FITZGERALD Mattie FITZGERALD STATE OF TENNESSEE LAUDERDALE COUNTY Personally appeared before me the undersigned notary public in and for the said state and county W.A.PARRISH and wife Laura J.PARRISH and G.L.FITZGERALD and wife Mattie FITZGERALD with whom I am personally acquainted and to me known to be the persons described in and who executed the within and foregoing instrument and who acknowledge the same as their free act and deed for the purposes therein contained. Witness my hand and seal of office at office in Ripley,Tenn.,this December 30,1936. C.S.CARNEY,Jr. Notary Public My commission expires January 9,1940.