This indenture made the 13th of October 1849. Between Jonathan Jarvis of the first part, John M. Stafford Trustee of the second part and A. W. Cooper and Bryant Jarvis of the third part, all of Forsyth and Davidson Counties, North Carolina.
Witnesseth that whereas Jonathan Jarvis is indebted to A. W. Cooper in the following: Surras namely on Judgemane for Security; Five dollars due on June 25th 1849. Also to Bryan Jarvis in the following sums as Securities to the judgement due C. D. Sides against the said Jonathan Jarvis in sum of $38.00 and whereas Bryant Jarvis is Security for the said Jonathan Jarvis in a note due Jordan Rominger administrator of John Hyer for the sum of $14.00 also in a note due John Reich Administrator of Frederic Spaugh for the sum of $4.00. And whereas the said Jonathan Jarvis is honestly desirous to secure the above named debts and to save harmless his assurates as aforesaid.
Now this writing witnesseth that in consideration of the premises of further consideration of one dollar to him in hand paid by the said John M. Stafford Trustee, the receipt whereof is hereby acknowledged, he the said Jonathan Jarvis hath given, granted, barganed, sold and delivered and by these presents hereby given, grants, bargains, sells and delivers unto the said John M. Stafford Trustee and his assigns the following property to wit:
One Roane Mare, one roan horse, one bay horse, one Barrell mare, two head cattle, fifteen head of hogs, four bead steads and furniture, one cupboard and furniture, one bureau, 3 chairs, one four horse wagon, one grind stone, one table, four sets of wagon gears all the house held and kitchen furniture belonging to said Jonathan Jarvis all his plows, all his bacon, all of his corn, all his hay and one old Careall. To have and to hold all of the said property to him the said Stafford and his assigns the special trust and confidence nevertheless that is the said Jonathan Jarvis shall well and truly pay off and satisfy his said indebtedness to the said A. W. Cooper, C. D.
Sides, Jordan Rominger and John Reich and all costs and interests due upon the same on or before the first day of April, 1850, then the above conveyance shall be in all things void and of no effect.
But if the said John Jarvis shall fail to pay off and fully satisfy all the said debts interest and cost on or before the said first day of April, then or as soon as thereafter as it may be requested by the said A. W. Cooper, C. D. Sides, Jordan Rominger, John Reich or either of them, the said John M. Stafford or his assigns shall after advertise the same at three or more public places for the space of thirty days sell all of said property to the highest ibdder for cash, and make title to the purchaser and account of the proceeds of said property, the said Trustee shall first pay the expenses of executing this trust including a reasonable compensation to himself for this trubble and then to pay off and to satisfy all the above named debts, costs, interest and the surplus if to pay to said Jonathan or his assigns. But should the proceeds be sufficient to pay all said debts then they are to be appropriated to said debts, pro rata in proportion to their amounts, it is agreed by all the parties the said Jonathan may retain possession of all the said property until it shall be wanted for the purposes of the trust and that the trustee shall not be liable in the meantime for wasts. In testimony whereof the parties hereunto set their hands and seals this day above written.
T. D. Cooper,
Jonathan Jarvis (Seal)
J. M. Stafford (Seal)
A. W. (Mark) Cooper (Seal)
Bryan Jarvis (Seal)
State of North Carolina, Forsyth County
October 13th, 1849
The execution of the within Deed of Trust was duly acknowledged before me this day by Jonathan Jarvis. Let the same be registered.
A. J. Stafford, C.C.C.
by C. L. Right, D.C.C.C.
Res'd 7 o'clock P.M. 13th, of October 1849,
Reg'd Oct., 13th, 1849