3/9/1948 · MORTGAGE · book 30 page 676 doc 1884@30/676

676 We, BRYCE HAYNES and NINA HAYNES, husband and wife, both of the City of Yonkers, County of Westchester and State of New York for consideration paid, grant to Howard E. Thorp of the Town of Westerly, County of Washington and State of Rhode Island with MORTGAGE COVENANTS, to secure the payment of THREE THOUSAND (3,000) Dollars in Ten (10) years with interest at Five (5) per centum per annum, payable semi-annually in advance as provided in a certain negotiable promissory note of oven date herewith, in accordance with the terms and tenors of said note. (Description, and Incumbrances, if any) That certain real estate situated in Charlestown, County of Washington in the State of Rhode Island, and described as follows: A certain tract or parcel of land with summer cottage and other improvements thereof located at the southeast corner of Ocean View Avenue and Highland Road, so called, at Conoquotungah Beach in the Town of Charlestown, County of Washington and State of Rhode Island, the boundaries and dimensions as follows, to wit: Lot #289 as shown and delineated on a certain plan or plat entitled, "Plat of Conoquotungah Highlands at Conoquotungah Beach, R. I.," property of Dr. Sylvan Devin in Rhode Island, filed in the office of the Registry, February 18th, 1932, said plat being duly filed in the Land Evidence books of Record said Town of Charlestown. Said lot is bounded on the north by a line running north 51 degrees 15 minutes east, 100 feet, else along by land of Harold M. Patterson at else northerly seventy (70) feet of land belonging to Thomas E. Thorp and westerly thereby at a street named and known as Highland Road and southerly by Ocean View Avenue as shown on said plat. The above conveyed premises shall be used as a site for only one summer residence, said residence to be of a class to cost not less than One Thousand (1,000) Dollars, no partitions or bay windows to project more than 2 feet beyond the Ocean View Avenue line or more than 25 feet nor, Highland Road on its easterly side narrower than 15 feet, no partition or bay window to project more than 2 feet beyond the spire line the five feet from the rear line nearer than 5 feet, no detached garage or other building or buildings shall be erected thereon without the written consent of the grantor, and all toilets and sinks must be drain into a septic tank, tanks, or suitable cesspool. In consideration of the purchase price it is understood and agreed that the above restrictions and reservations shall run with the land and be binding with the land for a period of twenty years from January 1st, 1935. Together with all the rights and privileges and subject to all the covenants and agreements as contained in a certain Deed from Charlestown Estates, Inc. to these mortgagors dated October 28, 1947, Rec. Deed Bk. 30, Page 573. Meaning and intending to convey the same premises as conveyed to these mortgagors by Charlestown Estates, Inc. by a certain Deed dated Oct. 28, 1947 and duly recorded in the Land Evidence books of Record said Town of Charlestown. This mortgage is made upon the STATUTORY condition and with the STATUTORY POWER OF SALE. WITNESS our hands this 27th day of Feb. 1948. BRYCE HAYNES NINA HAYNES ( STATE OF NEW YORK ) ( County of Westchester ) ) ss: In Tuckahoe on the 27th day of Feb., 1948 before me personally appeared Bryce Haynes and Nina Haynes to me and known by me and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. FREDERICK SUNDERGMANN (Notarial Seal) Frederick Sundergmann Notary Public in the State of New York Admitted for Westchester County Commission expires March 30, 1949. ( STATE OF NEW YORK ) ( COUNTY OF WESTCHESTER, ) ) No. 1722 I, ROBERT J. FIELD, Clerk of the County of Westchester, and also Clerk of the Supreme Court of New York and resident in and for the said County, save the Clerk of Courts, do HEREBY CERTIFY that Frederick Sundergmann whose name is subscribed to the deposition or certificate of the above instrument acknowledging the same to be his free act and deed, before him, at the time of taking such deposition or proof, and acknowledged, a Notary Public and a Public in and for such County, being commissioned and admitted to take depositions and certificates of said title, to take depositions and to administer oaths to be used in any Court of said State and for general purposes and all other lawful purposes in and for the said County and State of New York, has made the hereditaments in said State of New York. And further, that I am well acquainted with the handwriting of such Notary Public or have compared the same with an original signature of such Notary Public and that the signature filed or deposited in this office pursuant to law, and verily believe that the signature to said deposition or certificate of proof or acknowledgement is the genuine signature of such Notary Public in the State of New York. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Courts and County, the 27th day of Feb 1948. ROBERT J. FIELD, Clerk (L. S.) Received for record March 9th, A. D. 1948 at 2:50 o'clock, p. m., and recorded by Town Clerk (FOR DISCHARGE OF THIS MORTGAGE, SEE PAGE 617)