This Indenture, Made this twenty fist day of September in the year eighteen hundred and forty one between Edmond M. Pendleton of the first part, and John J. Berry, Burwell J. Wynn, Burton R. Gardner and Charley B. Welch, all of the Second part, and all of the County & state aforesaid. Witnesseth, that the said Edmond M. Pendleton for and in consideration of the sum of ten dollars to him in hand paid by the parties of the Second part, the receipt whereof is hereby acknowledged, as well as for the purpose of securing to them the payment of the sums of money specified on the following described promissory notes, towit, payable to John J. Berry, dated 15th January 1839, and due 1st January 1840, for fifty dollars - one other note payable to John J. Berry dated 20 November 1839, and due one day after date for one hundred & fifty dollars. One note payable to Burwell J. Wynn dated December 28th 1839, due 1st January 1840, for one hundred forty nine dollars twenty five cents. One note payable to Edward Gardner dated July 30th 1841, and due 25th December 1841, for one hundred forty seven dollars. One note payable to Charley B. Welch, dated May 27th 1840 and payable January 1st 1841, for ninety six dollars and sixty eight cents.

Now, for and in consideration of the premises aforesaid as well as for the purpose of securing to the parties of the Second part the interest that has and may accrue to them on the above described promissory notes, the said Edmond M. Pendleton has granted, bargained and sold, and does by these presents grant bargain and sell to the parties of the Second part, their heirs and assigns, the following property, towit, one bay horse, one sorrel mare, one black cow, one black & white cow, one sandy sow, one black and white sow, one black sow, one two horse wagon & harness - one Buggy & harness, two feather beds & steads, one set Mahogany tables, twelve fine chairs and one Bureau.

To Have and to Hold, said bargained property to the said parties of the second part, & to every of them, their heirs & assigns - his & their own proper use, benefit & behoof forever. - And the said Edmund M. Pendleton for himself his heirs executors & administrators the said bargained property to the parties of the Second part, & every of them will warrant & forever defend against the claims of himself & his heirs & against the claim of all other persons whatever - Provided nevertheless, that if the said Edmond M. Pendleton, his heirs, executors & administrators shall & do well & truly pay or cause to be paid unto the parties of the Second part the sum of money specified in the several promissory notes whereon thereto required after they shall severally have become due, with the interest that has & may become due thereon according to the tenor of said several promissory notes, then & from thenceforth as well their present Indentures & the right to the property thereby conveyed as the several promissory notes shall cease, determine & be void to all intents & purposes.

(cont.)

In testimony whereof, the said Edmond M. Pendleton has hereunto set his hand and seal the day & year first aforewritten.

The figures & words “1st January 1842”

erased before the signing this.

Signed, sealed & delivered E. M. Pendleton

in presence of

Henry Rogers

Levin D. Culver, J.P. Registered the 18 day of December 1841

Tuttle H. Audas, Clk. Supr. Court