William H., Jefferson, Benjamin,
Delilah & Mary Tittle
J. S. Bell
|Deed Book 5 Page286
(NOTE: This is recorded in Book 119, p. 283-290 on microfilm in Chattanooga Court House
State of Tennessee
County of Hamilton
In consideration of one dollar to us in hand paid of which is hereby acknowledged and hereafter stated. We W. H., Jefferson, B. F. Tittle, D. J. Foster formerly Tittle, and Mary E. Tittle of Fourth Civil dist County of Hamilton state of Tennessee hereby sell transfer and convey unto J. S. Bell, trustee, and to his successors in trust and assigns forever the following described real estate in 4th civil dist Hamilton County Tennessee viz.
Beginning at the southwest corner of section twenty four (24) township one south and range five west of the basis line Ocoee district at the beginning corner of the tract described in the deed of the grantees to said G. W. Tittle thence north 60 degrees 13' east three hundred and eighty four (384) feet thence north 12 degrees west eighty three (83) feet thence north 48 degrees west two hundred twenty seven (227) feet to a hickory stump in the section line the last three lines being along the boundary line between the land partition thence north 78 degrees 45' west with the Jackson Burgis line six hundred and five (605) feet to a hickory thence north 52 degrees 30' west along said Jackson Burgess line three hundred and sixty five (365) feet to a beech in a hollow thence north 53 degrees 45' west along said Jackson Burgess line about 370 feet to a stake in said section 26 & 1245 feet westwardly from NE corner of sec 26 thence on 64 degrees 45' W with the said section line about fourteen hundred (1400) feet to a white oak stump at the north west corner of northeast quarter of said section twenty six (26) thence south 22 degrees 15' west along said quarter section line about fourteen hundred seventy six and one half (1476 ½) feet to a stake corner of G. W. Tittle out of the mountain tract thence south 67 degrees 45' east along the north line of land of G. W. Tittle about nineteen hundred forty eight (1948) feet to a stone in the line of said G. W. Tittle orchard thence north 22 degrees 15' east with said Orchard line about three hundred and eighty eight (388) feet to the northwest corner of said orchard thence south 64 degrees 45' east with the north line of said orchard about seven hundred and five (705) feet to the section line thence north 22 degrees 15' past with the section line about one thousand and ninety (1090) feet to the beginning.
Also part of Section twenty four (24) township one Range 5 west of the basis line Ocoee district and a part of the Tittle River tract and described as beginning on the south line of said section where the center line of the Carroll Branch crosses said section line which is about seven hundred (700) feet from the southwest corner of said section twenty four (24) thence south 67 degrees 45' east along said section line about twenty seven hundred (2700) feet to low water mark of the Tennessee River thence westwardly down the Tennessee River with the various meandering of its low water line about twenty one hundred (2100) feet to the section line and the beginning point. Land bounded on E by Tennessee River & N & W by Burgess west by Burgess land & by W Tittle, Dr. McCain & Burgess. J. S. Bell, trustee, and to his successors in trust and assigns forever. We covenant that we are lawfully sized and possessed of said real estate have full power and lawful authority to sell and convey the same and that the title so conveyed is clear, free and unencumbered and we will forever warrant and defend the same against all lawful claims.
This conveyance is made in trust for the following purpose and not otherwise. We W. H., B. F., Jefferson, Mary E. Tittle, Mrs. D. J. Foster [William Harrison Tittle, Benjamin Franklin Tittle, Mary Etta Tittle, Delilah Jane Tittle Foster] are justly indebted to Mr. J. Sneatt in the sum of five hundred dollars ($500.00) for borrowed money evidenced by our promissory note of date 12 Feb 1894 payable to the order of Mr. J. Smartt at the First Natl Bank of Chattanooga Tennessee and described as follows:
Note for $500.00 favor Mr. J. Smartt dated Feby 12 1894 and due years & c&c. Interest payable semi-annually. Said note bears interest from date until paid at the rate of six percent per annum payable semiannually and said note also provides and it is made a part of this contract that we deem it necessary to resort to law to enforce its collection or protect the security for its payment we will pay all costs of litigation together with a reasonable attorneys fee and the sum shall be a lien on the previous (?) conveyed and enforced by a sale of the property as hereinafter provided.
We also agree to pay all taxes and assessments that may be assessed or imposed or become a lien of the said real estate or any portion thereof should they become delinquent and to ? from conveying any waste or doing anything whereby the security for above note may be lessened.
In case the trustee or his successor or said beneficiary or any holder of any of the notes secured by this deed of trust shall be made parties to any suit or proceedings at law or in equity by removal of his her or its relation to connection with or interest in this obligation in the debt secured hereby he she or it shall be allowed and paid reasonable costs charges and settlements in such suit or proceedings and they shall in a further change and lien such premises and become a part of the judgement or decree therein.
In case of the death absence resignation or inability of the aforesaid trustee or his refusal to act their the sheriff of Hamilton County Tennessee shall be and is hereby appointed and made successor in trust to the trustee herein before named with all full power and authority in every respect as is herein granted to the first mentioned trustee. When full payment of the indebtedness hereby secured satisfaction of this deed of trust will be made at the expense of the grantor herein or his assigns of said interest is paid in full as it matures and the aforesaid note present at maturity and we shall owe nothing on account of any of the provisions as this conveyance and becomes null and void if we fail to pay any installment of interest or principal when due or fail to perform any of the covenants in the note secured be this instrument itself and shall remain in default for more than 20 days such default shall at the option of the holder of said note make the aforesaid note due and payable at once with interest or shall fail to pay said note or interest or any part of it when mature or shall owe any sum on account of cost of litigation attorneys fees delinquent taxes or other necessary expenditures on said property the trustee is fully authorized and empowered to advertise the above described premises for sale in the following manner:
In some newspapers, published in Chattanooga Tennessee for four weeks one insertion each week stating the time lines and place of sale and he will sell the same in front of the court house door in Chattanooga Tenn to the highest and best bidder at public auction for cash in hand and in bar of the equities of redemption dower and homestead which are hereby expressly waived and he will apply the proceeds of such sale first to paying the cost and expense of this trust and its execution and any and all sums the beneficiary or trustee may have expensed or become liable for on account of cost of litigation attorneys fees taxes premiums or any advances made or expenses incurred on account of the aforesaid property with interest thereon. Second he will pay said note and interest or any balance due thereon in full and the balance he will hold subject to an order. In case of a sale the trustee will execute to the purchaser all necessary title papers and place the purchaser in the quiet and peaceful possession of said premises.
The bank and oath of the trustee are hereby waived.
And I Mary Tittle wife of the said W. H. Tittle for value received joins in the above deed of husband convey to J. S. Bell trustee and his successor in trust all right and claims. I now and hereafter have to dower or homestead as any other right legal or equitable in as to the above described premises.
Witness our hands this 14th day of July 1894.
D. J. Foster
Mary E. Tittle (her mark)
Mary T. Tittle (her mark)
W. H. Tittle
B. F. Tittle
I, J. S. Bell named as trustee in the foregoing deed of trust accepts this trust. This 14th day of February 1894.
State of Tennessee
County of Hamilton
Before me, W. S. Beck, a Notary Public duly qualified and commissioned in and for the county and state aforesaid personally appeared D. J. Foster (widow), Mary E. Tittle (single), B. F. Tittle (single) and Jefferson Tittle (single) the within named bargainers with whom I am personally acquainted and who acknowledged that they executed the within instrument for the purpose therein contained and Mary Tittle, wife of the said W. H. Tittle having appeared before me privately and separately from her husband the said wife Mary Tittle acknowledged the execution of the said deed to have been done by her freely voluntarily and understanding without compulsion from her husband and for the purpose therein expressed.
Witness my hand and official seal at office in Chattanooga in said county and state this 14th day of Feby 1894.
W. S. Beck, Notary Public
State of Tennessee
County of Hamilton
The within deed of trust and certificate were filed Feby 14 1894 at 4:35 PM entered in Note Book No. 8, page 37 and recorded in Book No. 5, page 286 etc.
Witness my hand at office in Chattanooga Tenn.
H. F. Rogers, Register
Submitted by Joyce Nell Truitt