The instrument's own words
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303
We, Oscar E. Leber and Edith J. Leber, release to said Grantees, all our right of
curtesy and dower, respectively, and all other interest in and to the aforesaiddescribed premises.
WITNESS our hands this 13th day of September, 1948.
No Documentary Stamps required.
OSCAR E. LEBER
EDITH J. LEBER
STATE OF RHODE ISLAND, ETC.)
)
County of Providence )
In Providence, on the 13th day of September, 1948, before me personally appeared
Oscar E. Leber and Edith J. Leber, husband and wife, both to me known 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.
CHARLES REITHIAN (Notarial Seal)
Notary Public
Com. expires June 1951
Received for record September 15th, A. D. 1948 at 9:00 o'clock, a. m., and recorded
by
[Signature]
Town Clerk
KNOW ALL MEN BY THESE PRESENTS: That I, THELMA B. CLARKE, of the Town of Charlestown,
County of Washington, State of Rhode Island, (hereinafter called the mortgagor) in consider-
ation of Fifteen Hundred and 00/100 ($1500.00) Dollars to be paid by THE WASHINGTON TRUST
COMPANY, a Corporation created by Act of the General Assembly of the State of Rhode Island,
located and having its principal place of business in the Town of Westerly, County of Washing-
ton and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain,
sell and convey unto the said THE WASHINGTON TRUST COMPANY, its Successors and Assigns, for-
ever,
a certain Tract or parcel of Land with all buildings and improvements thereon,
or to be erected thereon, located in the Village of Carolina, re-called, in the
Town of Charlestown, County of Washington, State of Rhode Island, bounded and
described as follows, to wit:
FIRST TRACT: Beginning at a point at the Northeasterly corner of said First
Tract, and thence running in a general Westerly direction four (4) rods and
eleven (11) feet, more or less, to a stone wall; thence running in a south-
easterly direction four (4) rods and seven (7) feet, more or less; thence turning
and running in a general Easterly direction six (6) Rods and four and one-
half (1/2) feet or more or less; thence turning in a general Northerly direc-
tion six (6) rods and eight and one-half (7 1/2) feet, more or less, to the point and
place of first beginning.
Bounded on the North and East by land farmers of T. R. Hyde and Co., and on the
South and West by land formerly of William Clark.
Being the same premises conveyed to J. B. Tucker by William Clark by deed dated
March 26, 1943, and recorded in the Land Evidence Records of the Town of Charies-
town, R. I., in Book 80, Page 144.
SECOND TRACT: Beginning at a point at the Northeasterly corner of said Second
Tract, and at land of Joseph B. Tucker, said point being the Northeasterly corner
of the First Tract, hence running in a general Southwesterly direction in a general Sy-
direction in a Straight line, and as a continuation of the Northerly line of
said Second tract a distance of four (4) rods and eight (8) inches, more
or less; thence turning and running in a general Southwesterly direction a distance
of sixteen (16) feet, more or less, to a point on the Easterly line of the premises of
said Joseph B. Tucker; thence turning and running in a general Northerly direction
by and with land of said Joseph B. Tucker; thence a distance of fifty-five (56) feet, eight
(8) inches, more or less, to the point and place of beginning.
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304
Being the same premises conveyed to Joseph B. Tucker by Elison Tinkham,
Franklin Metcalf and Orin Cole, by deed dated April 25, 1871, and record-
ed in the Land Evidence Records of the Town of Charlestown, in Book No. 9
at Page 177.
Being the same two parcels of land conveyed to the grantor herein by deeds
of Esther Main wt its dated March 1, 1945, and recorded in the Land Evidence
Records of the Town of Charlestown, in Book No. 29 at Page 596, and
of Fred N. Brown dated February 8, 1945, in Book No. 29 at Page 363. Together
with any and all rights of way that exist or may exist for the benefit of said
Described premises.
TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and to
the use of the said The Washington Trust Company, its Successors and Assigns, forever.
And I, the said mortgagor do hereby, for myself and for my heirs, executors, adminis-
trators, covenant with the said The Washington Trust Company, its Successors and Assigns, that
I am lawfully seized in fee simple of the said granted premises; that they are same free from
all incumbrances; that I have good right, full power and lawful authority to sell and convey
the same in manner aforesaid; that the said The Washington Trust Company, its Successors or
Assigns, shall, by these present s, at all times hereafter peaceably and quietly have and enjoy
the said premises, and that I, the said mortgagor will, and my heirs, executors and administra-
tors shall, warrant and defend the same to the said The Washington Trust Company, its Successors
and Assigns, forever, against the lawful claims and demands of all persons, and will also pay
the mortgages, taxes, assessments and other expenses hereby secured as hereinafter provided.
Here and for consideration aforesaid, I, Bertram Clarke, husband of the mortgagor, do
hereby release all my right of curtesy and all other rights, statutory or otherwise, in and to
the said granted premises unto said The Washington Trust Company, its Successors and Assigns,
forever.
PROVIDED, NEVERTHELESS, that if the said mortgagor, or her heirs, executors, adminis-
trators or assigns, shall not pay unto the said The Washington Trust Company, its Successors or
Assigns, the sum of Fifteen Hundred and 00/100 ($1500.00) Dollars at its Banking House in said
Hope Valley, R. I., from the date hereof, with interest thereon at the rate of five
(5%) per centum per annum, payable semi-annually as provided in a certain negotiable promissory
note of own date herewith; and shall also pay all taxes and assessments of every kind assessed
or imposed upon or in respect of said premises, or upon said The Washington Trust Company, its
Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes
now in force or that may be hereafter enacted, and shall maintain insurance on said premises
as hereinafter provided and pay the premiums thereon upon demand, all of said payments to be
paid at the several times of payment in currency of the United States, then this deed as also
promissory note whereby the said mortgagor promises to pay said The Washington Trust Company or
order, the sum aforesaid with interest as aforesaid at the times aforesaid, shall become and be
absolutely void to all intents and purposes whatsoever.
But IF DEFAULT shall be made in the payment of the said Fifteen Hundred and 00/100
($1500.00) Dollars principal sum or of said interest at the times and in the manner aforesaid,
or of the taxes or assessments aforesaid as the same first become payable, or of any of either
them or of any part thereof, or if breach shall be made of the covenant for insurance here-
inafter contained, then it shall be lawful for the said The Washington Trust Company, its
Successors or Assigns, to sell, together or in parcels, all and the singular the premises hereby
granted, or intended to be granted, or any part or parts thereof, and the benefit and equity of
redemption of the said mortgagor and her heirs, executors, administrators and assigns therein,
at public auction, and to bid for and become the purchaser at any such sale, and no other pur-
chaser shall be answerable for the application of the purchase money, first giving notice of
the time and place of sale, by publishing the same at least once each week for three successive
weeks in some newspaper published in Westerly, Rhode Island, with power to adjourn said sale
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305
from time to time, provided that the publication of said notice shall be continued, to-
gether with a notice of the adjournment or adjournments, at least once each week in the
same newspaper; and such sale to be upon the premises or elsewhere as specified in such
notice; and in its or +her own name or names, or as the attorney or attorneys of the said
mortgagor (for that purpose by these presents duly authorized and appointed with full power
of substitution and revocation), to make execute and deliver to the purchaser or purchasers
at such sale or sales, good and sufficient deed or deeds of the premises sold in fee simple;
and to receive the purchase moneys, and therefrom to retain all sums hereby secured, wheth-
er then payable or to become payable thereafter, or the part thereof then remaining unpaid,
and also the interest then due on the same, together with all expenses incident to such
sale or sales, and all counsel fees and other expenses, incurred in, or in any connect-ed
with, the exercise of these powers, and all taxes, and assessments as aforesaid and all
premiums for insurance, either heretofore paid by the said The Washington Trust Company,
its Successors or Assigns, or then remaining unpaid, rendering and paying the surplus of
said purchase moneys, if any there be over and above the amounts so to be retained as afore-
said, together with a true and particular account of such sale or sales, expenses and
charges, to the said mortgagor, and her heirs, executors, administrators or assigns, which
sale or sales shall forever be a perpetual bar both in law and equity against the said
mortgagor and her heirs, executors, administrators and assigns, and all persons claiming
said premises so sold, by, from or under them or any of them.
And I, the said mortgagor, for myself and for my heirs, executors, administrators
and assigns, hereby covenant with the said The Washington Trust Company, its Successors
and Assigns, that I or they will upon request execute such deed or deeds confirmatory of such
sale or sales as may be necessary or advisable.
And FURTHERMORE, I, the said mortgagor, for myself and for my heirs, executors,
administrators and assigns, hereby covenant with the said The Washington Trust Company, its
Successors and Assigns, that insurance against loss by fire or any other casualty which may
be specified by the mortgagee shall be kept and maintained on the buildings on the premises
aforesaid in such office or offices as the said Company, its Successors and Assigns, shall
approve, in a sum not less than Fifteen Hundred and 00/100 ($1500.00) Dollars or in such
greater amounts as will prevent the operation of co-insurance clauses contained in such
policies of insurance, and that the policy or policies of such insurance shall be assigned
and transferred, and made payable in case of loss, to the said The Washington Trust Company,
its Successors and Assigns, as collateral security hereto, and in default thereof hereby
agree that the said The Washington Trust Company, its Successors or Assigns, may pay from time
to time any premiums which may be necessary to maintaining existing insurance or may effect
new insurance; and save the said mortgagor for myself and for my heirs, executors, administra-
tors and assigns agree to repay to the said The Washington Trust Company, its Successors
or Assigns, upon demand any premiums paid by it or them, and if not repaid, the same shall
be added to said principal sum and shall be a further charge upon said said premises granted
and secured by these presents, as aforesaid.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 17th day of
September, A. D. one thousand nine hundred and forty-eight.
Signed, sealed and delivered
in presence of
Robert P. Mitchell
THELMA B. CLARKE
BERTRAM CLARKE
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306
STATE OF RHODE ISLAND )
County of Washington ) : Sc.
In Hopkinton on the 17th day of September, A. D. 1948, before me personally ap-
peared the named mortgagors, Bertram Clarke and Thelma B. Clarke, husband and wife,
each and all to me known and known by me to be the parties executing the foregoing instru-
ment, and severally acknowledged said instrument, by them executed, to be their free act
and deed.
ROBERT P. MITCHELL
Notary Public
Received for record September 18th, A. D. 1948 at 9:00 o'clock, a. m., and
recorded by [Signature]
Town Clerk
THE WASHINGTON TRUST COMPANY in the Town of Westerly, County of Washington, State of
Rhode Island, having received full payment and satisfaction of the within mortgage,
recorded in the Records of Town of Charlestown in Real Estates Mortgage Book Number 11
Page 303-4-5-6 does hereby cancel and discharge the same.
IN TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corpo-
rate seal to be hereunto affixed by the Treasurer duly authorized t: s 27th day of
December A. D. 1949.
THE WASHINGTON TRUST COMPANY
by Alfred C. Baker, Treas. (L. S.)
Signed and Sealed in
presence of
George F. Ward
Received for record December 29th, A. D. 1949 at 9:00 o'clock, a. m., and recorded by
[Signature]
Town Clerk