Deed
of Trust
Abe Lantz & Wife to Eugene Lanier Sykes
Monroe
County, Mississippi Deeds of Trust, Book K, p. 523
Transcribed by Lori Thornton
This Indenture made this 9th day of January 1900 between Abe Lantz
and Laura Lantz his wife of the County of Monroe and State of
Mississippi, of the first part, and C. R. Sykes of the County
of Monroe and State of Mississippi, party of the second part,
and Eugene Lanier Sykes of the County of Monroe and State of Mississippi,
party of the third part. Witnesseth: That whereas said parties
of the first part are indebted to said party of the third part
in the sum of Three hundred--$300.00--Dollars evidenced by their
promissory note due Eugene Lanier Sykes at First National Bank,
Aberdeen, Miss. with interest from date till paid at rate of eight
percent per annum value received and due one year after date.
And the said parties of the first part being desirous to secure
the prompt payment of said indebtedness at its maturity; NOW,
THIS INDENTURE WITNESSETH: That the said parties of the first
part, for and in consideration of the sum of Ten Dollars to them
in hand paid by said party of the second part, the receipt of
which is hereby acknowledged, have granted, bargained, sold, released,
conveyed, and confirmed, and by these presents do grant, bargain,
sell, release, convey and confirm unto the said party of the second
part, his heirs and assigns, forever, all the following described
property, situated in the County of Monroe, and State of Mississippi,
and more particularly designated and described as follows, to
wit:
Beginning at the North East Corner of Section (33) thirty three
T (14) fourteen of Range (6) Six East thence running due South
with the Section line 35 chains and 28 links to a stake on Section
line - thence due West 7 chains and 70 links to a stake thereof
due North 5 chains & 65 links thence due West 21 chains and
thirty-five links to a stake; thence due North 29 chains &
63 links to a Stake on Section line, thence due East with Section
line 27 chains to place of beginning, containing 84 & 34/100
acres the same being the land bought by Abe Lantz of Eli Yoder.
TO HAVE AND TO HOLD the above described property, with all its
improvements, to the only proper use, benefit and behoof of him,
the said party of the second part, his heirs and assigns forever.
And said parties of the first part, for themselves, their heirs,
executors and administrators, covenant with said party of the
second part, his heirs and assigns, that they are lawfully seized
and possessed of said property, and will forever warrant and defend
the title to the same against the claim or claims of all persons
whatsoever. In trust, nevertheless, and for the following use,
intent and purpose, and none other, to with: Should said parties
of the first part fail to pay and satisfy the said note . . .
at maturity, then it shall be the duty of the party of the second
part, at the request of the said party of the third part, or either
of them, after giving twenty days' notice of the time and place
of sale, by written notices posted in three public places in said
county, to proceed to sell at public auction, in said county,
at the time and place mentioned in said notices, for cash in hand,
to the highest bidder, all the above described property, or a
sufficiency thereof to satisfy the debt and interest, and the
cost of executing this trust; and the proceeds of said sale shall
first be applied to the payment of the debt and interest thereon,
and the cost of executing this trust, and the balance, if any
there be, shall be paid over to said parties of the first part.
But should said parties of the first part well and truly pay said
note . . . at maturity, then this Deed to be void and of no effect;
otherwise to remain in full force and virtue.
AND IT IS FURTHER UNDERSTOOD AND AGREED by the parties hereunto,
that if the said C. R. Sykes Trustee, as aforesaid, shall from
any cause, become unable or unwilling to execute this Deed of
Trust, then it shall be lawful for the said third party his executors,
administrators or assigns, under his hand . . . and seal . . .,
to appoint another Trustee in the place of the said C. R. Sykes
with full power to execute the same according to its terms, and
whose actings and doings in the premises shall be as binding as
if done by the said C. R. Sykes Trustee.
IN TESTIMONY OF WHICH, said parties of the first and second parts
have hereunto set their hands and affixed their seals, this day
and date above written.
Abe Lantz [seal]
Laura L. Lantz [seal]
C. R. Sykes Trustee [seal]
THE
STATE OF MISSISSIPPI, }
MONROE COUNTY. } Personally appeared before me B. C. Sims a Justice
of the Peace of the County of Monroe, the within named Abe Lantz
and Laura Lantz his wife and C. R. Sykes who acknowledged that
they signed, sealed and delivered the foregoing Deed of Trust
on the day and year therein mentioned, as their act and deed.
Given under my hand and seal of office, this 9th day of January
1900.
B. C. Sims
Justice of the Peace
The
foregoing Deed of Trust was filed for record in my office on the
10th day of January 1900 at 4 o'clock . . . minutes A. M., and
duly recorded 6th day of Febry 1900.
J. O. Jones Clerk
Satisfied
in 1908 - Eugene Lanier Sykes - This May 11th 1914.
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