Mortgage Deed, G.W.
Justice, to G.P. Liverett, B.J. Liverett, and Florence Thomas.
Office Register of Deeds, Henderson County, N.C. I hereby certify
that the within Mortgage Deed was filed in this office for record on
the 17 day of Narch, A.D. 1905, at 5 o'clock pm, and was duly
recorded in Book 20, page 94. F.C. Morris, Register of Deeds
State of North Carolina, Henderson County.
THIS INDENTURE, made this 23rd day of February in the year of our Lord, one Thousand, nine Hundred and five, between G.W. Justice of the County of Henderson and State of North Carolina of the first part, and G.P. Liverett, B.J. Liverett, and Florence Thomas of the County of Henderson and State of North Carolina, of the Second Part:
WITNESSETH that the said party of the first part, for and in consideration of the sum of one hundred and twelve dollars and fifty cents, in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, has BARGAINED and SOLD, CONVEYED and CONFIRMED, and by these presents does bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, FOREVER, all the following described piece or parcel of land lying and being in the Town of Hendersonville, County of Henderson, and State of North Carolina, and known and designated as follows, viz:
Beginning at a stone on the North east margin of the Buncombe or Asheville Road opposite the residence of D. Thomas "deceased" being the 4th and SW corner of lot #7 assigned by commissioner to D.L. Thomas and runs N 47 degrees E 311 3/4 feet to a take on the rail road right of way, Thence along said right of way S 50 degrees, E 236 feet to S.J. Justice's corner. Thence with his line S 57 degrees W 338 1/4 feet to his corner on the NE margins of the aforesaid Buncombe or Asheville Road. Thence along the East margin of said Road N 47 degrees W 155 feet to the beginning, containing 1 1/2 acres more or less and being lots #8 and 9 assigned to Florence Thomas Assigner of F.W. Thomas and Blanche Liverett by commissioner in the division of the D. Thomas land as recorded in Book 48 Page 288 of the records of deeds for Henderson County.
To have and to hold the same,
Together with all the hereditaments and appurtenances thereunto appertaining. And the said George W. Justice party of the first part, does COVENANT with the said parties of the second part, their heirs and assigns, as follows:
FIRST, that he is the owner, and lawfully seized of said premises. SECOND, that he has a good right to convey the same. THIRD, that the same are free from all encumbrances whatever. And FOURTH, that the parties of the second part, their heirs and assigns, shall quietly enjoy and possess the same and that he will WARRANT and DEFEND the title to the same against all lawful claims.
Provided, Nevertheless, That if the said party of the first part, his heirs, executors, and administrators shall well and truly pay or cause to be paid to the said parties of the second part, their heirs, executors, and administrators, or assigns, the sum of one hundred and twelve 50/100 dollars, according to the condition of two (2) certain Bonds of even date herewith, payable in amounts and on the dates following, viz: 1 note for $62.50 due twelve months from date, with interest at 6% per annum, payable to G.P. Liverett and wife B.J. Liverett; and one note for $50.00 due 12 mos. after date with ... at 6% per annum, payable to Florence Thomas, then this deed to be null and void; otherwise to be in full for ceand effect. But if default shall be made in teh payment of the said Bond...or the interest, or any part thereof, at the time hereinbefore specified for the pamen thereof (a failure to pay any part of the interest, or any note or part thereof, when due, shall mature all the indebtedness secured by this mortgage), then the said party of the first part, in such case does hereby authorize and fully empower the said parties of the second part, their heirs, executors, administrators and assigns, to sell the hereby granted premises at public outcry at Hendersonville, N.C. after first advertising the same in some newspaper published in Hendersonville, N.C. (if there is a paper published herein, 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 raising from such sale, to retain the principal and interest which shall then be due on the said Bond...together with all costs and charges, including 10 per cent commissions, and pay the surplus (if any) to the said party of the first part, his heirs, executors, administrators or assigns. It is understood and agreed between 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 to 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 party of the first part has hereunto set his hand and seal, the day and year above written. Signed, sealed, and delivered in the presence of
S.M.G. [Beush?] [All signed & seal]
Ray F. [Cirre?]
Geo. W. Justice
State of North Carolina, _________ County. I, __________, Clerk of the ____________ Court in and for the above county and State do hereby certify ____________ 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 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 of her said husband or any other person, and that she doth still voluntarily assent thereto. Let the same, with this certificate, be registered. Witness my hand and official seal, this ____ day of _________, A.D. 19__. ____________, Clerk Superior Court.
State of South Carolina, Richland County. I, Christie Benet Jr., Justice of the Peace (Notary Public) in and for the above county and state do hereby certify that Geo. W. Justice and _________, his wife, personally appeared before me this day, and acknowledged the due execution by him of the within deed and the said ______, 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 of her said husband or of any other person, and that she doth voluntarily assent thereto. Witness my hand and private seal, this 11th day of March, 1905. Christie Benet Jr. [signed], Notary Public
State of North Carolina, Henderson County. The foregoing certificate of Christiy Benet, a Justice of the Peace (Notary Public) of Richland County and State of South Carolina is adjudged to be in due form and according to law. Therefore let the foregoing mortgage, with these certificates, be registered. This the 16th day of March, 1905. C.M Pace [signed], Clerk, Superior Court.
State of North Carolina, Henderson County.
THIS INDENTURE, made this 23rd day of February in the year of our Lord, one Thousand, nine Hundred and five, between G.W. Justice of the County of Henderson and State of North Carolina of the first part, and G.P. Liverett, B.J. Liverett, and Florence Thomas of the County of Henderson and State of North Carolina, of the Second Part:
WITNESSETH that the said party of the first part, for and in consideration of the sum of one hundred and twelve dollars and fifty cents, in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, has BARGAINED and SOLD, CONVEYED and CONFIRMED, and by these presents does bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, FOREVER, all the following described piece or parcel of land lying and being in the Town of Hendersonville, County of Henderson, and State of North Carolina, and known and designated as follows, viz:
Beginning at a stone on the North east margin of the Buncombe or Asheville Road opposite the residence of D. Thomas "deceased" being the 4th and SW corner of lot #7 assigned by commissioner to D.L. Thomas and runs N 47 degrees E 311 3/4 feet to a take on the rail road right of way, Thence along said right of way S 50 degrees, E 236 feet to S.J. Justice's corner. Thence with his line S 57 degrees W 338 1/4 feet to his corner on the NE margins of the aforesaid Buncombe or Asheville Road. Thence along the East margin of said Road N 47 degrees W 155 feet to the beginning, containing 1 1/2 acres more or less and being lots #8 and 9 assigned to Florence Thomas Assigner of F.W. Thomas and Blanche Liverett by commissioner in the division of the D. Thomas land as recorded in Book 48 Page 288 of the records of deeds for Henderson County.
To have and to hold the same,
Together with all the hereditaments and appurtenances thereunto appertaining. And the said George W. Justice party of the first part, does COVENANT with the said parties of the second part, their heirs and assigns, as follows:
FIRST, that he is the owner, and lawfully seized of said premises. SECOND, that he has a good right to convey the same. THIRD, that the same are free from all encumbrances whatever. And FOURTH, that the parties of the second part, their heirs and assigns, shall quietly enjoy and possess the same and that he will WARRANT and DEFEND the title to the same against all lawful claims.
Provided, Nevertheless, That if the said party of the first part, his heirs, executors, and administrators shall well and truly pay or cause to be paid to the said parties of the second part, their heirs, executors, and administrators, or assigns, the sum of one hundred and twelve 50/100 dollars, according to the condition of two (2) certain Bonds of even date herewith, payable in amounts and on the dates following, viz: 1 note for $62.50 due twelve months from date, with interest at 6% per annum, payable to G.P. Liverett and wife B.J. Liverett; and one note for $50.00 due 12 mos. after date with ... at 6% per annum, payable to Florence Thomas, then this deed to be null and void; otherwise to be in full for ceand effect. But if default shall be made in teh payment of the said Bond...or the interest, or any part thereof, at the time hereinbefore specified for the pamen thereof (a failure to pay any part of the interest, or any note or part thereof, when due, shall mature all the indebtedness secured by this mortgage), then the said party of the first part, in such case does hereby authorize and fully empower the said parties of the second part, their heirs, executors, administrators and assigns, to sell the hereby granted premises at public outcry at Hendersonville, N.C. after first advertising the same in some newspaper published in Hendersonville, N.C. (if there is a paper published herein, 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 raising from such sale, to retain the principal and interest which shall then be due on the said Bond...together with all costs and charges, including 10 per cent commissions, and pay the surplus (if any) to the said party of the first part, his heirs, executors, administrators or assigns. It is understood and agreed between 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 to 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 party of the first part has hereunto set his hand and seal, the day and year above written. Signed, sealed, and delivered in the presence of
S.M.G. [Beush?] [All signed & seal]
Ray F. [Cirre?]
Geo. W. Justice
State of North Carolina, _________ County. I, __________, Clerk of the ____________ Court in and for the above county and State do hereby certify ____________ 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 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 of her said husband or any other person, and that she doth still voluntarily assent thereto. Let the same, with this certificate, be registered. Witness my hand and official seal, this ____ day of _________, A.D. 19__. ____________, Clerk Superior Court.
State of South Carolina, Richland County. I, Christie Benet Jr., Justice of the Peace (Notary Public) in and for the above county and state do hereby certify that Geo. W. Justice and _________, his wife, personally appeared before me this day, and acknowledged the due execution by him of the within deed and the said ______, 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 of her said husband or of any other person, and that she doth voluntarily assent thereto. Witness my hand and private seal, this 11th day of March, 1905. Christie Benet Jr. [signed], Notary Public
State of North Carolina, Henderson County. The foregoing certificate of Christiy Benet, a Justice of the Peace (Notary Public) of Richland County and State of South Carolina is adjudged to be in due form and according to law. Therefore let the foregoing mortgage, with these certificates, be registered. This the 16th day of March, 1905. C.M Pace [signed], Clerk, Superior Court.