From Transcribe Wiki
Jump to: navigation, search

on the 15th day of February next when it falls due or in the payment of any instalment of interest at the end of any year, until the whole ten years are expired as the same shall fall due or any part of any one Instalment or if the entire instalment of interest being punctually paid as they severally fall due at the expiration of the period aforesaid, the said John Rosser shall make default in the payment of said principal sum or any part thereof then or the happening of any one of the said contingencies, it shall and may be lawful for the said John M. Speed and John D. Alexander or either one of them, it being intended that they may act jointly or severally in the Execution of this deed, being so requested by the said Charles L Mosby or his assigns to proceed forthwith by way of public auction on the premises after 30 days notice in some newspaper printed in the Town of Lynchburg to sell to the highest bidder for ready money the tracts or parcel of land hereinbefore conveyed or either one of them, and out of the proceeds of sale after defraying the expences thereof to pay to the said Charles L Mosby or his assigns not only the amount of interest in the arrear and unpaid, but the principal sum of Two thousand, two hundred and fifty dollars aforesaid so as to pay off satisfy and discharge the entire Debt being the distinct and well understood purpose of the parties that whenever default shall be made in the payment of any one years instalments of interest punctually as it falls due, that then it shall be lawful for the said Charles L Mosby or his assigns to collect the entire debt and interest precisely as though the Ten years had fully elapsed; In testimony whereof the parties have hereunto set their hands and seals the day and year first above written John Rosser {seal} C L Mosby {seal} Corporation of Lynchburg to Wit We Samuel Nowlin and Edwin Matthews Justices of the Peace for said Corporation do hereby Certify that John Rosser party to a certain deed of date the 15th of February 1841 and hereto annexed this day personally appeared before us in our Corporation aforesaid and acknowledged the same to be his act and deed and desired us to Certify said acknowledgement, to the Clerk of the County Court of Campbell