Deed of Trust; Fouke/Coons Harpers Ferry Town

This Indenture, made this 2nd day of May 1844, by and between Gau Wood, William Snook, William Riley, William D. Copeland, Absolem Riley, Armistead Hobbs, Edward Robinson, James Tearney, Michael Coyle, John Cockerel, James Walling, James Conner, Armistead M. Ball, John Savin, James Shoebridge, George H. Ward, Rudolph Littlejohn, John Russell, Washington Cox, Edward Savin, Matthew McCormick, James Halpin, Daniel Nears, John W. Lay, Michael McGuire, and Loughlin Sloan of the first part, Isaac Fouke, of the second part, and Philip Coons of the third part, all of the county of Jeffeson and State of Virginia; Whereas each of the said parties of the first part is indebted to the said Philip Coons in the sum of Twenty dollars, amounting in all to the sum of Five hundred and twenty dollars, for the balance of the purchase money of the hereinafter piece or parcel of land, lying and being in Jefferson County and State of Virginia, and payable on or before the 1st day of January 1845; and whereas the said parties of the first part are desirous and willing to secure their said indebtedness, and for that purpose have agreed to give this deed of Trust. Now this Indenture witnesseth, that the said parties of the first part, for and in consideration of the premises, and also for the further consideration of five dollars, current money of the United States, in hand paid by the said Isaac Fouke to the said parties of the first part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, and convey unto the said Isaac Fouke, his heirs and assigns, a certain piece or parcel of land lying and being in the town of Harpers Ferry in Jefferson County and state of Virginia the same being that protion of lot No. (53) fifty three, in said town of Harpers Ferry, which fell to Philip Coons in the division of said lot No. 53; and on which portion a large two story frame building stands — it being the same piece or parcel of land this day conveyed to the said parties of the first part, by a deed bearing equal date with these presents, executed by Philip Coons and Ann Coons, his wife, to which reference can be had; together with all and singular the rights, improvements, buildings, hereditements, and appurtenances, whatsoever, to the said piece or parcel of land hereby conveyed, belonging or in any [?]se appertaining. To have and to hold the said piece or parcel of land, with the appurtenances hereby granted, unto the said Isaac Fouke, his heirs and assigns forever; In Trust for the following use, intent, and purpose an no other; that is to say, if the said parties of the first part or either of the, shall fail to pay the said indebtedness, either in whole or in part, on or before the 1st day of January 1845, then and in either of said cases, at the request of the said Philip Coons, he the said Isaac Fouke shall and may sell at public [FKKJSHK], the piece or parcel of land aforesaid, being the entire interest of the said parties of the first part, to the highest bidder, for ready money, having previously advertised the time and place of sale at least one week by posting a notice thereof up at one or more public places in said town of Harpers Ferry; and out of the monies arising from said sale after deducting the expenses attending said sale, shall pay to the said Philip Coons the debt and debts due from the said parties of the first part and each of them as before, recited and all interest due thereon. And the said parties of the first part for themselves and their heirs, do hereby warrant, and defend forever to the said Isaac Fouke, the before recited property, against the claims and demands of all persons whatsoever.

In witness whereof the said parties of the first part have hereunto set their hands and seals the day and year first aforesaid. Memo: The words “John Savin” 6th Line, “Edw Savin” 8th line, & “Loughlin Sloan” 9th line, 1st page were inserted before the execution of this deed. (In the original).

Witness.
John G. Wilson
Wm. M. Moore
G. B. Wager, except as to John Cockerell.
P. O. Littlejohn, Witness for Cockerell.

James E. Wood (seal)
William Snook (seal)
Wm. D. Riley (seal)
Wm. D. Copeland (seal)
Absalom Riley (seal)
Armistead Hobbs (seal)
Edward Robinson (seal)
James Tearney (seal)
Michael Coyle (seal)
John Cockerell (seal)
James Walling (seal)
James Conner (seal)
A. N. Ball (seal)
John Savin (seal)
James Shewbridge (seal)
Geo. H Ward (seal)
Rudolph Littlejohn (seal)
John Russell (seal)
Geo. W. Cox (seal)
Edw’d Savin (seal)
Ma[t]thew McCormick (seal)
James Halpin (seal)
Daniel Nears (seal)
John W. Lay (seal)
Michael McGuire (seal)
Loughlin Sloan (seal)