James Baker To William H. Rhodes Deed 8 February 1840
(Transcribed by Joan S Dunn)
Deed Book 12 Page 145, 146, 147, & 148
James Baker To William H. Rhodes
Deed of Trust for Land 200 acres
State of North Carolina Duplin County
This indenture mad this the 8th day of Febuy AD 1840 Between James Baker on the one part &
W. H. Rhodes on the other part all of the County & State aforesaid witnesseth that whereas
the said James Baker is justly indepted to the said William H Rhodes in the sum of Two hundred
Dollars & the said Baker is honestly desirous to secure the payment of said debt now therefore
this Indenture witnesseth that for and inconsideration of the premises to gether with the
further consideration of the sum of one dollar to me the said James Baker in hand paid by
the said W H Rhodes the receipt whereof is hereby acknowledged in he the said James Baker
hath granted bargained & sold & by these present doth grant bargain and sell unto the said
W. H. Rhodes a certain tract of Land lying & being in the County of Duplin & State aforesaid
and on both sides of Gum Swamp adjoinint the Land of James Smith John Kennedy and others
containing about two Hundred acres being the plantation on which I now reside to Have & to
hold the said Lands & premises & all & singular the Tenements & Hereditaments woods ways waters
mines & minerals & improvements rents issues profits remanders revisions priveledges & appurtenances
thereto belonging or in any wise appertaining to him the siad W. H. Rhodes his heirs Exrs &
admx in fee simple forever free and discharged of all incumbrance whatsoever in special trust
& confidence Neverthe less that the said W H Rhodes shall & sill hold & keep use and apply the
same to the use & intrest following and noother that is to say that if the aforesaid & every
part thereof to geather with the Lawful interest that may have occurd on the same and shall not
have been fullypaid off and satisfied on or before on or before the first day of Jauary 1841,
then and in htat case it shall be Lawful for the said W H Rhodes having first advertised at three
or four public places in the County of Duplin for the space of Twenty days to proceed to sell the
said land & premises at public auction to the hiest bidder for the ready money the soum by proper
& suffiecient opulance to the purchaises and out of the proceeds or monies arising from said sale
to retain all necessary Expenses of this trust & then pay off and discharged the said debt & interest
or such a part thereof as shall remain unpaid at the time of said sale and the over pluss if any he
shall truly and faithfully return to the said James Baker his heirs executors or administrators and
it is further covenanted and agreed by and between all parties to these presents that in the main
time that is to say from the date hereof untill the said first day of January 1841 the said James
Baker shall be priviledged and entitled to live on the said Lands and premises and take use and
apply the rents issues and proffits and every part thereof to his own use & benefit and if at any
time before the sale of the property the said James Baker shall pay off and discharge the aforesaid
debt and interest to geather with all necessayr expenses hereby incurred then & in that cost this
indenture and every part and claim thereof shall be utterly void and of no efect other wise to remain
in full force in testimony where of the said parties to these presents do hereunto set their hand &
seals the date above written signed sealed and delivered in the presents of
James B Baker
W H Rhodes
A J Grady
State of North Carolina Duplin County County Court Clerks Office
This 28th day of Febryary AD 1840 the Execution of the forgoing deed of Trust is duly proved before
me James Dickson Clerk of the Court of please and Quarter Sessions for said County by the oath of
Atlas J Grady the subscribing witness Let it be registered
James Dickson Clk
Copy N Routledge Rgr
The forgoing deed of trust from James Baker to W H Rhodes was returned to me on this Saturday 29th
Feby 1840 & registered the same N Routledge Rgr
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