Mortgage Deed, Nathan
Beasley and wife to G.W. Justice. Office of Register of Deeds,
Henderson County, N.C. I hereby certify that the within Mortgage
deed was filed in this office for record on the 26th day of March
A.D., 1909, at 4 o'clock p.m., and was duly recorded in Book 27 page
143. S.M. King, Register of Deeds. Register Fee: $1.25, paid Apr.
22, 1909.
State of North Carolina, Henderson County.
THIS INDENTURE, made this 26 day of March in the year of our Lord, one Thousand, Nine Hundred and nine between Nathan Beasley and wife Ada Beasley of the County of Henderson and State of North Carolina of the first part and G.W. Justice of the County of Henderson , and State of North Carolina of the second part;
WITNESSETH that the said parties of the first part, for and in consideration of the sum of two hundred and ninety ($290) Dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have BARGAINED and SOLD, CONVEYED and CONFIRMED, and by these presents do ___ bargain, sell, convey and confirm unto the said party of the second part, heirs and assigns FOREVER all the following described piece or parcel of land lying and being in the State of North Carolina, County of Henderson, and Township of Hendersonville, and known and designated as follows, viz:
Being a part of lot #7, and a part of lot #8 as conveyed to D.L. Thomas and Florence Thouras(?) by S.J. Justice, Commissioner, said deeds recorded in book 48 page 288 in the office of Registrar of Deeds, Beginning at an iron stake on the northeast side of the State, marked with a cross, S.J. Justice's north west corner, and runs with the North east margin of said road N 47 degrees W 85 feet to an iron stake. Thence with a line of stakes N 43 degrees E 311 3/4 feet to a stake in the right of way of the said rail road S 50 degrees E 85 feet to a stake. Thence with a line of stakes S 43 degrees W 311 3/4 feet to the beginning.
To Have and To Hold the Same,
Together with all the hereditaments and appurtenances thereunto appertaining. And the said parties of the first part, do COVENANT with the said party of the second part, his heirs and assigns, as follows:
FIRST, That they are the owners, and lawfully seized of said premises. SECOND, That they have a good right to convey the same. THIRD, That the same are free from all encumbrances whatever. And FOURTH, That the party of the second part, his heirs and assigns, shall quietly enjoy and possess the same and that they will WARRANT and DEFEND the title to the same against all lawful claims.
Provided Nevertheless,
That if the said parties of the first part, their heirs, executors, and administrators shall well and truly pay cause to be paid to the said party of the second part, his heirs, executors and administrators, or assigns, the sum of two hundred and ninety ($290) Dollars, according to the condition of two certain Bonds of even date herewith, payable in amounts and on the dates following, viz: Note #7 of $145.00 due on or before Dec. 1st 1909, Note #2 of $145.00 due on or before Dec 1st, 1910 with six per cent interest from date, then this deed to be null and void; otherwise to be in full force and effect. But if default shall be made in the payment of the said Bonds or the interest, or any part whereof, at the time hereinbefore specified for the payment thereof (a failure to pay any part of the interest, or any note or part hereof, when due, shall mature all the indebtedness secured by this mortgage) then the said parties of the first part, in such case, do hereby authorize and fully empower the said party of the second part, his heirs, executors, administrators and assigns, to sell the hereby granted premises at public outcry at the court house door in Henderson County, after first advertising the same in some newspaper published in Henderson County (if there is a paper published therein, and if none, then to advertise as sheriffs are required to advertise land sales under execution) and convey the same to the purchaser in fee simple, and out of the moneys arising from such sale, to retain the principal and interest which shall then be due on the said Bonds together with all costs and charges, including 10 per cent, commissioner, and pay the surplus (if any) to the said parties of the first part, their heirs, executors, administrators or assigns.
It is understood and agreed by all the parties hereto, that the Mortgagor shall keep the buildings on said premises insured in some company approved by the Mortgagee, in the sum of ______ dollars, and if the Mortgagor shall fail to procure and maintain said insurance, the Mortgagee may procure the same and charge the premiums thereof to the Mortgagor which shall bear interest and be secured, protected and collected in like manner as the interest upon the debt above mentioned, and shall fall due with the first installment of interest thereafter.
In Testimony Whereof, The said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered in the presence of
Nathan Beasley [Signed]
Ada Beasley [Signed]
State of North Carolina, ___________ County. I, _______________, Clerk of the ___________ Court in and for the above County and State do hereby certify that ____________ and ___________ his wife, personally appeared before me this day and acknowledged the due execution by them of the annexed deed, of _____________ and the said ________________ being by me privately examined separately 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 of her said husband or any other person, and that she doth still voluntarily assent thereto. Let the same, with this certificate, be registered.
State of North Carolina, Henderson County. I, J.D. Derrid(?) Justice of the Peace, (NOTARY PUBLIC) in and for the above County and State do hereby certify that Nathan Beasley and Ada Beasley his wife, personally appeared before me this day, and acknowledged the due execution by them of the within mortgage deed, and the said husband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto. Witness my hand and private seal, this 26 day of March, 1909. J.D. Derrid, J.P. (SEAL)
State of North Carolina, Henderson County. The foregoing certificate of J.D. Derrid, a Justice of the Peace (NOTARY PUBLIC) of Henderson County and State of North Carolina is adjudged to be in due form and according to law. Therefore, let the foregoing mortgage deed with these certificates, be registered. This is the 26 day of March 1909. C.M. Pace [Signed], Clerk Superior Court.
State of North Carolina, Henderson County.
THIS INDENTURE, made this 26 day of March in the year of our Lord, one Thousand, Nine Hundred and nine between Nathan Beasley and wife Ada Beasley of the County of Henderson and State of North Carolina of the first part and G.W. Justice of the County of Henderson , and State of North Carolina of the second part;
WITNESSETH that the said parties of the first part, for and in consideration of the sum of two hundred and ninety ($290) Dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have BARGAINED and SOLD, CONVEYED and CONFIRMED, and by these presents do ___ bargain, sell, convey and confirm unto the said party of the second part, heirs and assigns FOREVER all the following described piece or parcel of land lying and being in the State of North Carolina, County of Henderson, and Township of Hendersonville, and known and designated as follows, viz:
Being a part of lot #7, and a part of lot #8 as conveyed to D.L. Thomas and Florence Thouras(?) by S.J. Justice, Commissioner, said deeds recorded in book 48 page 288 in the office of Registrar of Deeds, Beginning at an iron stake on the northeast side of the State, marked with a cross, S.J. Justice's north west corner, and runs with the North east margin of said road N 47 degrees W 85 feet to an iron stake. Thence with a line of stakes N 43 degrees E 311 3/4 feet to a stake in the right of way of the said rail road S 50 degrees E 85 feet to a stake. Thence with a line of stakes S 43 degrees W 311 3/4 feet to the beginning.
To Have and To Hold the Same,
Together with all the hereditaments and appurtenances thereunto appertaining. And the said parties of the first part, do COVENANT with the said party of the second part, his heirs and assigns, as follows:
FIRST, That they are the owners, and lawfully seized of said premises. SECOND, That they have a good right to convey the same. THIRD, That the same are free from all encumbrances whatever. And FOURTH, That the party of the second part, his heirs and assigns, shall quietly enjoy and possess the same and that they will WARRANT and DEFEND the title to the same against all lawful claims.
Provided Nevertheless,
That if the said parties of the first part, their heirs, executors, and administrators shall well and truly pay cause to be paid to the said party of the second part, his heirs, executors and administrators, or assigns, the sum of two hundred and ninety ($290) Dollars, according to the condition of two certain Bonds of even date herewith, payable in amounts and on the dates following, viz: Note #7 of $145.00 due on or before Dec. 1st 1909, Note #2 of $145.00 due on or before Dec 1st, 1910 with six per cent interest from date, then this deed to be null and void; otherwise to be in full force and effect. But if default shall be made in the payment of the said Bonds or the interest, or any part whereof, at the time hereinbefore specified for the payment thereof (a failure to pay any part of the interest, or any note or part hereof, when due, shall mature all the indebtedness secured by this mortgage) then the said parties of the first part, in such case, do hereby authorize and fully empower the said party of the second part, his heirs, executors, administrators and assigns, to sell the hereby granted premises at public outcry at the court house door in Henderson County, after first advertising the same in some newspaper published in Henderson County (if there is a paper published therein, and if none, then to advertise as sheriffs are required to advertise land sales under execution) and convey the same to the purchaser in fee simple, and out of the moneys arising from such sale, to retain the principal and interest which shall then be due on the said Bonds together with all costs and charges, including 10 per cent, commissioner, and pay the surplus (if any) to the said parties of the first part, their heirs, executors, administrators or assigns.
It is understood and agreed by all the parties hereto, that the Mortgagor shall keep the buildings on said premises insured in some company approved by the Mortgagee, in the sum of ______ dollars, and if the Mortgagor shall fail to procure and maintain said insurance, the Mortgagee may procure the same and charge the premiums thereof to the Mortgagor which shall bear interest and be secured, protected and collected in like manner as the interest upon the debt above mentioned, and shall fall due with the first installment of interest thereafter.
In Testimony Whereof, The said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered in the presence of
Nathan Beasley [Signed]
Ada Beasley [Signed]
State of North Carolina, ___________ County. I, _______________, Clerk of the ___________ Court in and for the above County and State do hereby certify that ____________ and ___________ his wife, personally appeared before me this day and acknowledged the due execution by them of the annexed deed, of _____________ and the said ________________ being by me privately examined separately 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 of her said husband or any other person, and that she doth still voluntarily assent thereto. Let the same, with this certificate, be registered.
State of North Carolina, Henderson County. I, J.D. Derrid(?) Justice of the Peace, (NOTARY PUBLIC) in and for the above County and State do hereby certify that Nathan Beasley and Ada Beasley his wife, personally appeared before me this day, and acknowledged the due execution by them of the within mortgage deed, and the said husband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto. Witness my hand and private seal, this 26 day of March, 1909. J.D. Derrid, J.P. (SEAL)
State of North Carolina, Henderson County. The foregoing certificate of J.D. Derrid, a Justice of the Peace (NOTARY PUBLIC) of Henderson County and State of North Carolina is adjudged to be in due form and according to law. Therefore, let the foregoing mortgage deed with these certificates, be registered. This is the 26 day of March 1909. C.M. Pace [Signed], Clerk Superior Court.