Fauquier County Deed Book 57 pg 441-442 This indenture made this 30th day of December 1858, Between Charles J. Nourse of the City of New York of the first part, John P. Philips of the town of Warrenton of the second part, and Berkely Ward of the third part. Whereas the said Charles J. Nourse is justly indebted to the said Berkely Ward, in the sum of five thousand dollars, which is payable as follows: Two thousand dollars on the first day of July 1859. one thousand on the first day of January 1860, with interest from 1st January 1859. one thousand on the 1st day of January 1861, with like interest, and the remaining thousand on the 1st day of January 1862, with like interest, and the interest on the said three last payments to be paid same annually - as will fully appear by the four bonds of the said Charles J. Nourse bearing even date with this Indenture, which debt the said Charels J. Nourse is willing and desirous to secure - Now this Indenture Witnesseth: that for and in Consideration of the premises and also for the further Consideration of five dollars to the said Charles J. Nourse, in hand paid by the said John P. Philips at and before the sealing and delivering of these present. The receipt whereof is hereby acknowledged. He the said Charles J. Nourse hath given, granted, bargained, sold and conveyed and by these present doth give grant, bargain, sell and Convey to the said John P. Philips his heirs and assigns forever all that tract or parcel of land lying and being in the County of Fauquier and State of Virginia Containing four Hundred and sixty-eight acres, three roods and thirty five & half poles, it being the same tract of land which was this day conveyed by the said Berkely Ward and Harriet Ward his wife, to the said Charles J. Nourse, by deed of even date with this indenture, which deed will be recorded with this, in the clerks office of the County Court of Fauquier County, To have and to hold the said tract of land and its appurtenances unto the said John P. Philips, his heirs and assigns forever, upon trust nevertheless that the said John P. Philips shall permit the said Charles J. Nourse to remain in quiet and peaceable possession of the said tract of land and premises and take the profits thereof to his own use until default be made in the payment of the said sum of five Thousand dollars and the interest accruing thereon either in whole or in part and then upon this further trust that he the said John P. Philips shall and will so soon after the happening of such default of payment as he [pg 442] shall think fit, or the said Berkely Ward his executors, administrators, or assigns shall request, sell the said tract of land and premises with the appurtenances at public auction to the highest bidder for ready money, after having fixed the time and place of sale at his discretion and given thirty days notice thereof in one or more papers published in the towns of Alexandria and Warrenton, and out of the monies arising from such sale shall after satisfying the charge thereof, and all other expenses attending the premises pay to the said Berkely Ward his executors, administrators or assigns the said sum of five thousand dollars with all lawful interest thereon, and the balance if any shall pay to the said Charles J. Nourse his executors, administrators or assigns - But if the whole of the said sum of five thousan (sic) dollars shall be fully paid off and discharged to the said Berkeley Ward his executors, administrators or assigns together with the lawful interest thereon accruing, as the same falls due, so that no default of payment be made therein then this indenture to be void or else to remain in full force and virtue - In Witness whereof the said parties to these present have hereunto set their hands and affixed their seals this day and year first above written - Gov. [?] Kemble Jr Witness to Char. J. Nourse Signature of Charles J. Nourse John P. Philips Witnesses State of New York to Wit- I, Charles Nettleton a commissioner appointed by the Governor of the State of Virginia, for the said state of New York, certify that Charles J. Nourse, whose name is signed to the writing above, bearing date on the 30th day of December 1858, has acknowledged the same before me in my state aforesaid. Given under my hand this 12th day of January 1859 Charles Nettleton Commissioner of The state of Virginia in the city and State of New York Clerks Office of Fauquier Cunty Court January 14 1859 The deed was acknowledged in the office by John P. Philips trustee and having been acknowledged by the grantor before a Justice of the peace admitted to record - Teste: Wm LA Jennings CC