Lenoir County NcArchives Deed.....Dawson, John W. - Hill, Roscoe & Dorothy 1940
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File contributed for use in USGenWeb Archives by:
Hazel Yarbrough hhyarbrough@embarqmail.com October 19, 2010, 3:50 pm
Written: 1940
From the Roscoe F. Hill Collection in the possession of Hazel Ruth Hill
Yarbrough, Lenoir County
Transcribed by Hazel Ruth Hill Yarbrough from the original.
1940 Deed of Trust Roscoe and Dorothy Hill to John G. Dawson, Trustee
NORTH CAROLINA, LENOIR COUNTY
This INDENTURE made this twenty-eighth day of February, 1940, by and
between Roscoe Hill and wife, Dorothy Daly Hill, of the first part, to John G.
Dawson, Trustee, of the second part, and L.C. Ferrell and G.C. Worthington,
partners trading as the Cash Supply Store, of the third part, all of the
aforesaid State and County.
WITNESSETH:
THAT, WHEREAS, the first parties are justly indebted to the third parties
in the sum of Twelve Hundred Dollars ($1200.00), as is evidenced by their one
certain bond of even date herewith in the sum of Twelve Hundred Dollars
($1200.00) and maturing on or before 1 year after date and bearing interest
from date payable annually for so long as the said bond may remain unpaid, and,
WHEREAS, it has been agreed by and among the parties hereto that the said
bond shall be secured by the conveyance of the hereinafter described lands
unto the second party.
NOW, THEREFORE, in consideration of the premises and for and in
consideration of the sum of Five Dollars ($5.00) in hand paid to the first
parties by the second party, the receipt of which is hereby fully
acknowledged, the said first parties have given, granted, bargained and sold
and by these presents do give, grant, bargain ,sell and convey to and unto the
said second party and his legal representatives the following described tract
of land which is situated in the aforesaid State and County and in Institute
Township, and being that same land described in that certain deed of
conveyance executed by A.W. Taylor and wife, unto the first parties herein and
dated February 28, 1940 , and which said tract of land is more particularly
described as follows:
Adjoining the lands of J.W. Brothers and others and bounded as follows:
Being lot # 6 appropriated to T.D. Wilson in severalty in the division of
the Alexander Wilson lands, and bounded as follows: Beginning at a stake in
James M. Hines' line, and running with his line West 10 (one half) poles to
a stake and a pine at the head of jumping run, thence running down the run of
the same to a stake, a corner of lot No. 5, thence running with a line of said
lot No. 5 N 3 E 195 poles to a stake on the run of Robert's marsh, thence
running up the run of said marsh to a maple, the beginning corner of lot No.
7, thence S 3 W 200 poles to the beginning, containing sixty eight and one-
half (68 ) acres.
TO HAVE AND TO HOLD the same with all privileges and appurtenances
thereunto belonging or in anywise appertaining unto him, the said second party
and his legal representatives upon the uses and trusts herein declared.
And the said first parties for themselves and their legal representatives
covenant to and with the second and third parties and third parties and their
legal representatives that they are seized of said premises in fee and have a
right to convey the same in fee simple and have done do by this indenture;
that the same are free and clear of all encumbrances and that they will and do
hereby warrant and defend the title to the same against the lawful claims of
all persons.
NOW, THEREFORE, if the said first parties shall well and truly pay the
said bond, both as to principal and interest, as the same shall mature, and
shall discharge fully the trusts herein declared, then and in that event this
indenture shall be null and void; otherwise to be and remain in full force and
effect.
But if default shall be made in the payment of the said bond, then and in
that event it shall be lawful for, and full power and authority are hereby
given unto the second party, and upon the application of anyone entitled to
any part of the proceeds due under said bond such shall be his duty, to sell
the herein granted premises to the highest bidder for cash at the courthouse
door in Kinston, North Carolina, and convey the same to the purchaser in fee
simple, after having advertised the same as is now required by Section 687 of
the Consolidated Statutes, and from the proceeds arising fro said sale to pay
off and discharge the said bond in all respects as the same my then be due,
together with all cost and expense incurred in said sale, and then retain for
himself as compensation for acting as Trustee herein the sum of five per
centum of the amount for which the said lands may be sold and pay the
remainder, if any, unto the s aid first parties, or their legal
representatives.
IN TESTIMONY WHEREOF, the said first parties have hereunto set their hands
and seals the day and date first above written.
Roscoe Hill (Seal)
Dorothy Daly Hill (Seal)
NORTH CAROLINA, LENOIR COUNTY
Personally appeared before me this day Roscoe Hill and wife, Dorothy Daly
Hill, makers of the foregoing deed of trust, and acknowledged the due
execution thereof for the purposes therein expressed. And the said Dorothy
Daly Hill, wife as aforesaid, being by me 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 on the part of her said husband, or of any other person, and that
she doth still voluntarily assent thereto.
Witness my hand and notarial seal this 28th day of February, 1940.
H.H. Taylor
Notary Public
My com. Expires 6/21/41.
STATE OF NORTH CAROLINA, LENOIR COUNTY
The foregoing certificate with Notarial Seal attached is adjudged to be
correct. Let the instrument, with the certificate, be registered. Witness my
hand this 4 Day of March, 1940.
Doris Sutton
Asst. Clerk Superior Court
INDEXED
Roscoe Hill and wife, Dorothy Daly Hill
To
John G. Dawson, Trustee
Filed for Registration at 11:30 o'clock AM
Mar 4, 1940 and recorded in Book 176 Page 255
Camille Aldridge
Register of Deeds Lenoir County
Copy of note from Roscoe and Dorothy Hill to John G. Dawson, Attorney and
Counselor at Law, Kinston, North Carolina:
Kinston, NC, February 28, 1940
On or before 1 year after date, the undersigned for value received, promise to
pay to Cash Supply Store, or order, Twelve hundred Dollars, with interest from
date until paid at the rate of 6% per annum, payable annually at Kinston, NC.
The subscribers, sureties, guarantors and endorsers hereof agree to remain and
continue bound therefor, notwithstanding any extension or extensions of the
time of payment of it, or any part of it, and notwithstanding any failure or
omission to make presentment or demand for its payment or to protest it for
nonpayment or to give notice of its non-payment or dishonor or protest, and
hereby expressly waive any and all presentment or demand for its payment, and
protest for its non-payment, and any and all notice of any extension of time
of payment of it, or any part of it, or of its nonpayment or any other notice
whatsoever.
This bond is secured by deed of trust of even date herewith conveying real
estate to John G. Dawson, Trustee.
Witness our hands and seals.
Roscoe Hill (Seal)
Dorothy Daly Hill (Seal)
For value received we hereby assign and transfer the Mortgage Deed of Trust to
Mrs. Esbrann Hill without recourse, this March 4th, 1940.
Cash Supply Store
By G.C. Worthington
Received on within note, Two hundred dollars, this March 4th, 1940
For value received we hereby assign and transfer the mortgage note to Mrs.
Esbrann Hill without recourse. This March 4th, 1940
The Cash Supply Store
By L.C. Ferrell, Partner
Oct. 18, 1940
Received of Roscoe Hill as payment on Mortgage. Five Hundred no/100 dollars
and interest. Mrs. F.D. Hill
Sept. 9, 1941, Paid $500.00 and interest.
Paid in full.
Esbrann Hill
At the bottom of a work sheet with a description of the property is the
notation that the property was surveyed in 1880. This may have been the date
in which the Alexander Wilson property was divided among his heirs.
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