Nathan Evans & S. B. Barner - Article of Agreement

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This article of agreement made and entered into this 22nd day of January 1845 by and between Nathan Evans of the first part and S. B. Barner of the second part, both of the county of Bullitt and state of Kentucky. Witnesseth whereas the party of the first part holds a lease made by John H. Baker to Jesse Craddock of Hart County, Kentucky, of his furnace called Crooked Creek with certain land and appurtenances thereunto belonging, dated December 6th 1841, which lease was assigned by the said Craddock to Walter P. Lane June 1st 1842, and by the said Lane assigned to the party of the first part December 22nd 1842.

• And whereas the said Baker, lessor of the said Craddock and his assigns, has alway been in the possession of the said land and premises from the date of the said lease and has been working and carrying on the same;

• and whereas the said Baker on the 15 day of January 1845 made his deed of trust to said leased property to the party of the second part in trust and for the use of Nancy D. Baker, certice que trust, which deed of trust provides with other things that the said party of the first part shall hold a lien on said furnace &c thus conveyed by the said Baker to the party of the second part in trust as aforesaid as an indemnity to the party of the first part for sundry liabilities for which the said party of the first part had made himself liable, for the carrying on the said leased premises;

• and whereas the said deed of trust provides that the said party of the first part is to be settled with on equitable principles by the party of the second part by and with the written consent of the said Certice que trust,

• and whereas the said Nancy D. Baker has given her written consent to the said party of the second part to make said settlement,

• and whereas it is agreed and understood between the parties that the sum to be paid the said party of the first part is $3,642.50;

• and whereas it is further agreed and understood between the parties that the above $3,642.50 is the consideration for which the party of the first part binds himself, his heirs and assigns, to assign said lease agreeably to the requirements of said deed of trust, and the party of the first part does hereby accept said lien as expressed and declared in said deed of trust in lieu of said lease.

And the party of the first part further covenants to and with the party of the second part trustee as aforesaid that he will and his heirs and assigns shall reconvey said lien to the party of the second part or his successor in office as trustee for the uses and purposes therein expressed so soon as the owed sum of $3,642.50 is paid to the party of the first part or his order by the party of the second part or any one for him. In testimony whereof we have hereunto set our hands and seals the day and year above written. (signed) Nathan Evans, S. B. Barner