8/29/1938 · MORTGAGE · book 27 page 397 doc 179@27/397

397 We, FRANK MILLER and ELIZABETH MILLER, husband and wife, of Attleboro, Bristol County, Massachusetts, for consideration paid, grant to Hia-Pearl Corporation of Quincy, Norfolk County with MORTGAGE COVENANTS, to secure the payment of FIVE HUNDRED ($500.00) DOLLARS in Three (3) years with Six (6%) per centum interest per annum payable as provided in our note of eve date, the land and buildings thereon, situated in the Town of Charlestown, State of Rhode Island, and laid out and delineated as Lot Number (20) twenty on that plat entitled, "Sea Lea Colony in Charlestown and South Kingston, R. I., Property of M. N. Y. Behnke, Numbered Lots Represent Area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1939," Leon L. Holland, Civil Engineer, Scale 1" = 80' " which plat is recorded in the records of Land Evidence in said Town of Charlestown. This conveyance is made subject to the following restrictions binding upon the said grantees, their heirs and assigns: 1. Only one private single-family residence and a private garage shall be erected, plated maintained or permitted upon said lot, or any part thereof. No part of any building, including porches, shall come nearer than five (5) feet to the north- easterly side line of said lot, or ten (10) feet to the westerly side line of said lot, including porches, or be erected on said lot number (20) twenty nearer than twenty feet from Third Street or nearer than fifteen (15) feet from Sea Lea Avenue. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot, and no tent, car house or auto repair shop shall be erect- ed, placed, or maintained on said premises. 3. All toilets and sinks drains on said lots shall be connected with cesspools or septic tanks so placed that they shall not leak or endanger any drinking water supply, nor or pollute the waters along the shore of above mentioned plat. 4. Said lots, or any part thereof, shall not be used for any trade or business or commercial purpose or for any noxious or offensive purpose whatever. 5. No house shall be erected, or maintained or placed on said lot costing less than Fifteen Hundred ($1,500.00) Dollars without written consent of grantors. This mortgage is upon the statutory condition, for any breach of which the mortgagee shall have the statutory power of sale Frank L. Miller (husband) Elizabeth M. Miller (wife) release to the mortgagees all rights of tenancy by curtesy dower and homestead and other interests in the mortgaged premises. Aug. 29 day of August 1938. WITNESSED our hands and seals this Elizabeth M. Miller Frank L. Miller THE COMMONWEALTH OF MASSACHUSETTS Bristol ss. August 29 1938 Then personally appeared the above named FRANK MILLER and ELIZABETH MILLER, husband and wife, and acknowledged the foregoing instrument to be their free act and deed, before me Y. VALTER EMERSON (Seal) Notary Public My Commission expires Dec. 23, 1944. Received for record August 29th A. D. 1938 at 9:00 o'clock, a. m., and recorded by [Seal] Town Clerk. (For TRANSFER and DISCHARGE of above mortgage, see Page 700)