James Baker To William H. Rhodes Deed 8 February 1840

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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