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Johnston, John J. v. Mitchell, William A., etc.: Chancery Cause, Warren County (Part 3 of 4)

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[left side of page] County of Culpeper & containing by estimation Seven hundred & nine acres, be the same more or less, which the said William Green as executor of James M. Bell conveyed to the said John J. Johnston by deed bearing date the 24th day of June 1840, duly recorded in the County Court of Culpeper, and which the said John J. Johnston has conveyed to the said Mitchell by deed of even date with this indenture. To have and to hold the same with the appurtenances thereunto belonging to the said John C. Green his heirs & assigns forever: Interest nevertheless to and for the following intents, uses & purposes & none other, that is to say: the said John C. Green shall permit the said William A Mitchell and Robert C Marshall their heirs and assigns to have, hold, use, occupy, and enjoy the said tract or parcel of land with its appurtenances until a sale shall be made in pursuance of the further trusts hereinafter mentioned: and if the said Mitchell's, their heirs, executors, administrators, or assigns shall pay off and discharge all the bonds herein before recited with all interest & costs that may have legally accrued thereon before any such sale is actually made, then this indenture shall be utterly void, frustrate, and of none of effect, in like manner as if the same had never been executed. But if it shall at any time happen that the whole or any part of one of the said bonds shall be and remain in arrear & unpaid for one whole year, after the same shall first fall due, and the person entitled to receive payment of the same in whole or in part shall thereunto require the said John C. Green, he the said John C. Green, shall proceed (after advertising the time & place and terms of sale for four weeks successively before the day of sale at the front door of the Court house of Culpeper County, and in some newspapers printed in the city of Richmond), to sell the said tract [right side of page] or parcel of land upon the premises at public auction to the highest bidder upon the following terms to wit: the purchaser must pay cash enough to defray all the expenses of executing this trust & to pay off all that shall then be in arrear & unpaid upon the said bonds, for principal interest, and costs; and the residue of the purchase money to be paid by him, must be secured by bond with good personal security, and a deed of trust upon the land as follows to wit: the first bond must be for the same amount and payable at the same time as the one of the bonds first above mentioned that shall first face due after such sale; and so on as to all of the said bonds first above mentioned until all of them shall be thus provided for, or the said purchase money exhausted; and if after all the said bonds first above mentioned shall have been provided for there shall remain any of the said purchases money, it shall be payable on the 1st day of January 1850, or at such other time or times as the said Mitchells, their heirs, or assigns shall direct or appoint: and out of the cash proceeds of such sale the said John C. Green shall defray the expenses of executing this trust (including the fee for recording this indenture) and pay to the person or persons entitled to receive the same, all that may then be due & in arrear upon the bonds first aforesaid, for principal, interest, and costs, and out of the residue of such proceeds, he shall transfer to the person or persons holding the remainder of the bonds first above mentioned, bonds of the purchase corresponding in amount and time of payment with those held by them and the residue of such purchase money, he shall turn over to the said William A. Mitchell & Robert C. Mitchell their heirs or assigns. In testimony of act which the parties have hereunto set their hands & affixed their seals this 10th day of February.