Robinowitz-Idol Deed, Sept. 10, 1940

Deed of Trust

FROM

SOLOMON ROBINOWITZ and his wife, ANNA LEA ROBINOWITZ,

TO

W.C.IDOL______________________________________________________

Trustee

FOR

WACHOVIA BANK & TRUST COMPANY.

[Stamped diagonally] Cancelled of Record I.H. McADOO Register of Deeds

Filed for Registration on the ___________[blank]___________day

of_________SEP_12_1940___________, 19____,

at_________3__31________________o'clock, ____P__M.,

and Registered in the office of the Register of Deeds

for_______Guilford_________________County, N.C.,

in Book No _930___ of Mortgages, on page _______231

______________[?]____________________________ Register of Deeds.

Probate fee, _ _ _ _ _________________25_____

Registration fee, _ _ _ _________________200_____ [Pd?]

STATE OF NORTH CAROLINA____GUILFORD________County.

This DEED OF TRUST made the ___10___ day of __September___19__40__ by and between___Solomon_Robinowitz___and__wife__Anna Lea Robinowitz_______of___Guilford County____State of ___North Carolina_____ parties of the first part (hereinafter known and designated as the Grantors) ___W._C._Idol____Trustee of __Guilford_County___State of North Carolina party of the second party (hereinafter known and designated as the Trustee) and __Wachovia__Bank_&_Trust_Company_____ party of the third part; WITNESSETH that whereas ___the_parties_of_the_first_part__ are indebted to the holder or holders of the bonds secured hereby (and as herein enumerated) in the sum of ------SEVEN___thousand__&__NO/100_-------Dollars ($7,000.00) and have executed and delivered bonds as follows:

One (1) Bond of even date herewith in the amount of Seven Thousand ($7,000.00) Dollars due and payable $100.00 on the 10th day of October 1940 and $100.00 on the 10th day of each calendar month thereafter until paid in full with interest from date at the rate of six per cent (6%) per annum payable monthly in advance.

AND WHEREAS, the Grantors honestly desire to secure the payment of the aforesaid bonds and interest and any renewals or extensions thereof in whole or in part including principal and interest by a conveyance of the lands hereinafter described now therefore in consideration of the premises and the further consideration of the sum of One Dollar in hand paid to the Grantors by the Trustee the receipt whereof is hereby acknowleged the Grantors (the wife or wives of said Grantors joining in this deed to pass and convey all their right title and interest including right of dower and homestead in and to the land hereinafter described) have given granted bargained sold conveyed and confirmed and by these presents do give grant bargain and sell convey and confirm unto the said Trustee and heirs successors and assigns the following described lot or parcel of land lying and being in ___________-__High Point__-___ Township County of __-__Guilford__-__ and State of North Carolina and being more particularly described as follows to-wit:

BEGINNING at a point in the south property line of East Washington Street which said point is located 113.58 feey in an easterly direction from the south-east corner of the intersection of East Washington and North Main Streets the same being located in the center of a stairway between the Robinowitz and Steffans property and running thence along Steffans' line South 33° 17' East 59.06 feet to a point in the brick wall between the building upon the property herein conveyed and the Lindsay building (now owned by Provident Mutual Life Insurance Company) and running thence along the Lindsay line in said wall North 57° 39' East 24 feet to Lindsay's corner in the east side of the wall of the building located upon the property herein conveyed and running thence along the east side of the wall of the building on the property herein conveyed North 33° 20' West 59.91 feet to a point in the south property line of East Washington Street and running running thence along the south side of East Washington Street South 55° 36' West 24 feet to the point and place of BEGINNING. The same being the rear part of two tracts of land as shown by the two following deeds:

(a) A.H.Welch and E.V.Swain Administrators of the Estate of William Welch to Austin B.Horney dated January 24 1883 and recorded in Book 69 at Page 586 in the Office of the Register of Deeds of Guilford County N.C.

(b) A.H.Welch and E.V.Swaim Administrators of the Estate of William Welch to A.B.Smith and A.E.Smith dated January 24 1883 and recorded in Book 73 at Page 446 in the Office of the Register of Deeds of Guilford County North Carolina.

And being the same property conveyed to Solomon Robinowitz one of the parties of the first part by R.H.Wheeler Trustee et al by deed dated September 10 1940 and also being the same property shown by a survey made by Wm.F.Freeman Engineer High Point N.C. Job #2757 entitled "Property of Solomon Robinowitz High Point N.C."

This property is conveyed subject to the right of tying to and using the east wall of the building located upon the property herein conveyed by the owners of the property adjoining the property herein conveyed on the east so long as the present wall shall remain standing.

together with all plumbing laundry or heating fixtures all electric and/or gas lighting heating or refrigerating fixtures or apparatus and all awnings built-in cabinets shelving tables or beds all or any part of which are now or may hereafter be attached affixed or connected by wires pipes bolts screws or in any other manner to these premises or to any structure situate thereon.

TO HAVE AND TO HOLD the same and every part thereof together with the improvements thereon and all rights privileges appurtenances and easements thereto belonging and appertaining to the said Trustee forever in fee. And the Grantors do hereby covenant to and with the Trustee that the said Grantors are seized of said premieses in fee and have a right to convey the same and that the same are free from all encumbrances and the Grantors will forever warrant and defend the title to the same against the lawful claims and demands of all persons whomsoever. And in consideration of the premises the Grantors covenant and agree that they will keep all taxes levies assessments and charges upon the property herein conveyed and described or which may be hereafter assessed against said premies promptly paid off and will keep the buildings on said premises insured against loss or damage by fire tornado and windstorm to the amount of not less than ______________SEVEN______THOUSAND______&____NO/100--------------------------Dollars ($7,000.00) for the benefit of the holders of the bonds secured hereby loss if any to be made payable in the policy or policies of insurance to the Trustee under New York Standard Mortgage Clause with contribution clause stricken out - as the interest of the Trustee may appear and in case the said taxes premiums for said insurance or other levies assessments and/or charges shall be at any time paid by the Trustee or by any holder of any bond secured hereby the amounts so expended shall become debts due shall bear interest at the rate of six per cent per annum and their payment shall be secured by this deed of trust.

BUT THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST that if the said Grantors shall well and truly pay off and discharge the bonds and interest above mentioned at maturity and all other amounts hereby secured and any renewals or extensions of said bonds in whole or in part then this conveyance shall become null and void and may be cancelled at the request of and at the cost of the Grantors upon the registration books according to law. But if default be made in the payment of any bond secured hereby or interest or in the payment of any renewal or extension thereof or of said insurance premiums or any of said taxes levies assessments and charges or of the amounts due to the Trustee for paying insurance premiums taxes levies assessments or charges as the same or any of them may become due and payable as herein provided or upon default in the performance of any of the covenants and agreements as herein provided then in that event all of said bonds shall at the option of the holder any bond secured hereby at once become due and payable whatever may be the date of maturity therein expressed and it shall then become lawful for and the duty of the Trustee to sell said property as herein provided upon being requested so to do by the holder of any of the said bonds hereby secured and said Trustee is hereby fully authorized and empowered in that event to expose to sale and to sell the aforesaid premises at public auction for cash after having advertised the time and place of such sale at least once a week for four weeks preceding such sale in some newspaper published in the County aforesaid and by notice posted at the court house door and three other public places in the County aforesaid and upon such sale the Trustee shall make title to the purchaser in fee simple and the Trustee shall apply the proceeds derived from such sale first to the payment of the costs and expenses of executing this trust including a commission to the Trustee of five per cent on the gross proceeds of the sale (and said commission shall accrue and become due and payable to the Trustee when any foreclosure sale of said property shall have been held at the court house door under this deed of trust whether indebtedness hereby secured shall thereafter be paid and/or deed made by Trustee or not) next to the payment of all sums paid out or expended by the Trustee or by the holder of any bond secured hereby under the covenants and agreements contained in this deed of trust then to the payment of the bonds and accrued interest thereon secured hereby and the balance if any to be paid to the Grantors. At any foreclosure sale the Trustee may in his discretion require the highest bidder to immediately deliver to the auctioneer or Clerk of Superior Court a sum of money in cash not to exceed 25% of his bid and if such cash deposit is not made at once the Trustee or auctioneer may ignore such bid and confirm the sale to another bidder.

FORM 74.3 HUTCHISON-ALLGOOD

$7,00.00 High Point, North Carolina, September 10, 1940. No.______. FOR VALUE, We owe and promise to pay to -------WACHOVIA BANK & TRUST COMPANY. or order -------- -------SEVEN THOUSAND & NO/100 -------------DOLLARS, which shall mature and be payable in installments of $100.00 each, beginning on the 10th day of Octoberm 1940, and a like amount on the 10th day of each calendar month therafter until paid in full; negotiable and payable without offset in lawful money of the United States, with interest on all unpaid principal at the rate of six per cent (6%) per annum from date, payable monthly in advance, at Wachovia Bank & Trust Compancy, High Point, North Carolina; and in the event that any installment of principal or interest is not paid herein set out, this bond shall thereupon mature and become payable in full, but only at the option of the holder hereof. The makers may at their option, at the due date of any installment of principal, pay the entire balance or any part thereof due upon this bond, but such payment shall not affect the payment or due date of any subsequent installment. Each maker, endorser and/or surety hereto waives presentment, demand, protest and notice of dishonor of this bond and agrees to remain fully bound, notwithstanding any extensions of time granted. This bond is secured by a deed of trust of even date executed by the undersigned to the Wachovia Bank & Trust Company and recorded in the Office of the Register of Deeds of Guilford County, North Carolina. IN WITNESS WHEREOF, we have hereunto set our hands and seals, the day and year first above written. Margaret L. Woottou [Witness] Solomon Robinau[?] (SEAL) Margaret L. Wootou [Witness] [???] (SEAL)

The Grantors hereby assign, transfer and set over unto the said Trustee all sumbs now due or hereafter becoming due as rent or otherwise under present and future leases of the real estate hereby conveyed and of the improvements thereon hereafter erected, and do empower the Trustee with full authority to take charge of the renting of any and all of the said real estate, to collect and give receipts in full for same and to apply to all sums so collected to the payment of any indebtedness secured by this deed of trust; provided, however, that this assignment of the rents is not to become effective unless and until default is made in the payment of said indebtedness or in the performance of any other if the obligations in this deed of trust; provided further that such authority may be exercised if the Trustee so elects, and if exercised the only liability imposed on the Trustee or cestui que trust is that of properly accounting for all rents received. Any holder of any bond hereby secured may after default in any of the terms and conditions herein contained apply for the appointment of a receiver as a matter of right and shall, after the cost of such receivership shall have been paid have the rents applied to the payment of the bonds hereby secured without consideration of the value of the mortagaged permises as security for the amounts due or the solvency of any person or persons liable for the payment of such amounts.

If the Trustee herein named shall die, or renounce his trust, or if the holder or holders of a majority in amount of the bonds hereby secured. for any reason, desire to remove the party of the second part, or any successors, and to appoint another Trustee, the said bondholder or holders shall have full power and authority to appoint a successor Trustee by instrument in writing, stating such removal and naming a successor, and be registered in the County where the land lies, and such new Trustee shall thereafter become successor to the title to the said property, and same shall become vested in him with all the power, duties and obligations herein conferred on the said party of the second part in the same manner and to the same effect as though he or it were named herein as Trustee.

In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neutor, and the singular number includes the plural, and whenever there is a reference in the covenants and agreements herein contained, to any of the parties herto, the same shall be construed to mean as well the heirs, representatives, successors and assigns of the same, whether voluntary by act of the parties or involuntary by operation of law. The terms "Grantor" and "Trustee" shall apply to the respective parties hereto, whether they be one or more, and the term "bonds" shall apply even though there be only one principal bond.

IN TESTIMONY WHEREOF, the said Grantors have hereunto set their hands and seals, the day and year first above written. Witness: Margaret L. Wootten Solomon Robinowitz (Seal) Margaret L. Wootten Anna Lea Robinowitz (Sea!)

NORTH CAROLINA, GUILFORD County. I, Margaret L. Wootten, a Notary Public of Guilford County, N. C., do hereby certify that Solomon Robinowitz and his wife, Anna Lea Robinowitz, personally appeared before me this day and acknowledged the due execution of the foregoing instrument, and the said Anna Lea Robinowitz, wife of Solomon Robinowitz, being by me privately examined, separate and apart from her husband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or complusion of her husband or any other person, and that she doth still voluntary assent thereto.

Witness my hand and Official Seal, this 12 day of September, 1940. Margaret L. Wootten My commission expires 5/5 1941

NORTH CAROLINA, _____________County. This is to certify on the ___day of __________, 19____ before me personally came _______________________________________________________________________ with whom I am personally acquainted, who, being by me duly sworn says that____________________________________is the ________________________________ president, and __________________________________________is the ___________secretary of ____________________________________________________________ the corporation described in and which executed the foregoing deed of trust; that he knows the common seal, of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corportation was subscribed thereto by the said ________________________________________president, and that the said ____________president and_____________________secretary subscribed their act and deed of said corporation. Witness my hand and official seal. My commission expires _______________________________________19____ ___________________________________________________________________________

NORTH CAROLINA, _________________________________County. The execution of the foregoing instrument was this day duly proven before me, by the oath and examination of _____________________________________________ ________________________________________________________________the subscribing witness __________thereto. Let the same, with this certificate, be registered. This the _____day of ________________________________________, 19____.

Clerk of Superior Court ____County.

NORTH CAROINA GUILFORD COUNTY. The foregoing certificate of Margaret Wootten, a NORTARY PUBLIC of GUILFORD County, N.C., is adjudged to be in due form and according to law. Let the said deed of trust and certificate be registered. This SEP 12 day of 1940 [???] Clerk of Superior Court ___County.