Midyett, R. / Durham, B. (1922)
DEED BOOK L-3 PAGES 520 & 521–
R.M.MIDYETT & Wife to W.L. MIDYETT & Wife (DEED)
to B.C. DURHAM, (TRUSTEE). State of Tennessee, Lauderdale. Know all men by these
presents, that we, R.M. MIDYETT and wife, MRS. JULIA MIDYETT, for and in Consideration
of Five hundred dollars, $100 of which is cash in hand paid, the receipt of which
is hereby acknowledged, and the balance of $400.00 evidenced by four promissory
notes of even date herewith which W.L. MIDYETT and his wife, MATTIE MIDYETT, have
this day executed to R.M. MIDYETT for $100.00 each due on the 15th day of
November 1923,1924,1925 and 1926, inclusive, have this day bargained and sold and
do by these presents hereby bargain, sell, transfer and convey unto
W.L. MIDYETT, his heirs and assigns forever in fee simple the following described
lots or parcels of land, lying, situate and being in the 14th Civil District of
Lauderdale County, Tennessee, and being the same lots or parcels of lands conveyed
to R.M. MIDYETT and JULIA MIDYETT, by deed of said I.W. PACE and wife of date 30th
September 1921, which, we are this day having registered in the Register’s Office
and same will appear in Deed Book)-3 at same; that we have a good and lawful
right to sell and convey the same; that the same is unencumbered except by said
indebtedness, of $400.00 secured by said Venders lien and this deed of trust as
aforesaid , and we will warrant and forever defend the title to said land unto the
said B.C.DURHAM Jr., Trustee, his heirs, assigns and successors in trust against
the lawful claims of all persons whomsoever, except the holder of said notes
secured by said vendors lien. Now if the said notes are paid in full as the same
fall due under the terms of this instrument, then this deed of trust and said
Vendors lien is to be null and void; but if default is made in the payment od
said indebtedness or any part of the same, then the said Trustee or his successor
in trust is authorized, at the request of the holder of any part of said
indebtedness, to enforce said Vendors lien and foreclose this Deed of Trust and
to advertise said tracts of land for twenty days by five or more
written, printed, or typewritten posters or handbills, posted one in the Courthouse
in Ripley, Tennessee, one in the district in which said lands lie, and in three
other public places in said Lauderdale County, Tenn., to sell said tracts of lands
at public outcry for cash at the east door of the Courthouse in Ripley, Tenn., to
the highest bidder, selling same in bar of the equity of redemption or repurchase
the same being hereby expressly waived, and make a deed to the purchaser and as
far as we are concerned the purchasers title shall be absolute. And said sale the
holder of said indebtedness or any part of the same or the Trustee herein named
or his successor in trust may bid on and buy said tracts of land if they or
either of them desire to do so. And out of the proceeds of said sale the Trustee
will first pay the costs of this deed of trust, including compensation to himself
in the sum of 5% of the amount od said proceeds, and including a reasonable
attorney fee for
foreclosing this deed of trust, collecting said indebtedness or for representing
said trustee, his successor in trust, the holder of said indebtedness or any part
of same, in any litigation which may arise over this instrument, said indebtedness
or said lands. He will then payoff said indebtedness in full and the balance, if
any, he will pay over to R.M. MIDYETT or on his order. If the said Trustee should
be absent, refuse or for any reason be unable or incapacitated to act, when the
holder of said indebtedness or any part of same, desires him to act, then the
holder of any part of said indebtedness may by writing duly signed, acknowledged
and recorded in the Register’s Office of Lauderdale County, Tennessee, appoint
another trustee to act in his place and stead and do so as often as is necessary
to carry out the purposes of this deed of trust. And the said B.C. DURHAN
JR., Trustee, and his successors in Trust, are each and all expressly relieved of
the necessity of qualifying, giving bond or making settlement as such in the
County Court of Lauderdale County, Tenn. And we, W.L. MIDYETT and Wife, agree to pay
too keep the place up and pay the taxes on said lands and if we should fail or
refuse to do so, then the holder of said indebtedness or any part of same may
declare the indebtedness due and collectible by foreclosure of this deed of
trust or he may pay the said taxes and keep the place up and charge the costs to
W.L. MIDYETT and wife the said charges to become a debt owing us, drawing 65
interest from date of payment, due the time paid and secured by this deed of
trust as it’s instrument, then we, W.L. MIDYETT and Wife acknowledge ourselves then
at will of the purchaser and agree to give possession up on demand and if we
should fail or refuse to do so then the said trustee or his successor in trust
is authorised to appear before any Justice of the Peace in and for Lauderdale
Co. Tenn., having cognizance of such causes and for us and in favor of the
purchaser confess judgement against us as in the forcible entry and
unlawful detainer came to the end that a writ of possession may issue to place
the purchaser in possession. And I, MRS.MATTIE MIDYETT, wife of W.L. MIDYETT, hereby
release, relinquish and convey unto said B.C. DURHAN, JR., Trustee, all my rights of
homestead, dower and any and all other rights that I may have in and to said
tracts of land and agree that in case of sale hereunder the purchaser’s title
shall be absolute. The taxes for the year 1922 are to be paid by W.L. MIDYETT and
possession given to the Vendee on the 15th day of November,1926 or before that
time upon payment of said indebtedness or prior death of grantors or if grantors
move off said place, Vendee shall have possession immediately. In Witness whereof
we have hereunto subscribed our hands and executed this instrument on this the
23rd day of December 1922. R.M. MIDYETT. JULIA (her X mark) MIDYETT. W.L. MIDYETT.
MATTIE MIDYETT.
STATE OF TENNESSEE-LAUDERDALE COUNTY–Personally appeared before
me, L.E.CRIHFIELD, a Notary Public in and for said county, R.M. MIDYETT and his
wife, JULIA MIDYETT; and W.L. MIDYETT and his wife, MATTIE MIDYETT; the within named
bargainors, with whom I am personally acquainted. and who acknowledged that they
executed the within instrument for the purposes therein contained. And JULIA
MIDYETT, wife of R.M. MIDYETT, and MATTIE MIDYETT, wife of said W.L. MIDYETT, having
appeared before me privately and apart from their husbands, the said JULIA
MIDYETT and MATTIE MIDYETT acknowledge the execution of said instrument to have
been done by them freely, voluntarily and understandingly, without compulsion or
constraint from their husbands, and for the purposes therein expressed. Witness my
hand and seal of office at my office in Ripley, Tennessee, this 26th day of
December 1922. My commission expires April 22.1923. L.E. CRIHFIELD, N.P.
Presented for registration on the 30th day of December 1922 at 1:28 p.m.
W.L. DURHAM Register.