9/19/1955 · RELEASE · book 31 page 591 doc 2333@31/591

332 KNOW ALL MEN BY THESE PRESENTS, that we, NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, of the Town of Charlestown, County of Washington, State of Rhode Island, to hereinafter called the Grantors, in consideration of the sum of Ten ($10.00) Dollars, to us paid by AUDREY DIRAIMO and CAROLYN DIRAIMO, his wife, both of the City of Cranston, Rhode Island, the receipt whereof is hereby acknowledged, do give, grant, bargain, sell and convey unto the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple, That certain tract of land in said Charlestown, Rhode Island, designated as Lot No. Fifty-four (54) on that plat of land entitled "Sea Lee Colony in Charlestown and South Kingstown, R. I." property of R. L. Behneke, Surveyed and Platted 1933, 1934, 1936, 1937 - 1938 Leon R. Holland, Civ. Engineer, dated May 14, 1936, and said plat is recorded in the Land Evidence Records of the 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 one-family residence and a private garage shall be erected, placed, maintained or permitted upon said lot, and any other structure and, no part of any building, fence, wall, porch, awning Twenty (20) feet from the northern Street, and no Five (5) feet from the North and West boundary lines item. 2. No garage shall be used as a residence unless it costs the same the cost of the residence to be erected on said lot, and no tents and no auto trailers shall be erected, placed or maintained on said premises. 3. All toilet and sink drains on said lot shall be connected with cesspools or septic tanks, and no one shall be permitted to discharge or drinking water supply, nor to pollute the waters along the shore of this said lot. 4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purpose or for any public purposes whatsoever. 5. No house shall be erected placed, maintained or maintained on said lot costing less than Fifteen Hundred ($1500) Dollars without the written consent of these Grantors. Also, that certain strip of land in South Kingstown, Rhode Island, designated as Book Strip No. One Hundred Fifty-three (153) on the above referred to Sea Lee Colony Plat, which plat is recorded in the Records of the Land Evidence in the Town of Charlestown. This strip is conveyed subject to the following restrictions: (a) No building other than a dock shall be erected on said strip of land. No pipes shall run from or through this land to Green Hill Pond and nothing shall be maintained on said strip of land which will in any manner pollute the waters of the pond. (b) No part of said land shall be used for trade or business or for any commercial or public purpose whatsoever. No person may use said premises as sleeping quarters or for camping in a house, trailer or tent. This strip of land shall at all times be kept in neat order and free from any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees, now and the heirs and assigns of the Grantees, as set forth in (54) on the herein described plat, access to Green Hill Pond and boating privileges thereon and the right to inhabit, share, use and enjoy any other house than a person who is the lessee or tenant of any dwelling house that may be built on this strip of land. It is the express intention of this restriction to prevent the use of this strip of land for any purpose whatsoever by any lawsuiter other than on other plats and by any other person than legal residents of Sea Lee Colony dwelling house on said Lot No. Fifty-four (54). (d) Community privileges and paths, ways and waterways of the Sea Lee Colony adjacent to this strip of land are reserved for the use and enjoyment of Residents of the Sea Lee Colony to protect their quiet and peaceful and celebratory enjoyment of these privileges and their use cannot be granted by owners of Lots on Sea Lee Colony to persons or owners adjacent to plats or any other way. (e) Said strip of land No. One Hundred Fifty-three (153) may not be sold apart from Lot No. Fifty-four (54) and cannot be separated sale and apart from them. Should any attempt be made by the Grantees, their heirs and assigns, to convey, lease or rent said strip of land No. One Hundred Fifty-three (153) separately from Lot No. Fifty-four (54) or from Lot No. Fifty-four (54) and No. One Hundred Fifty-three shall immediately revert to these Grantors, their heirs and assigns and immediately possession may be taken by the Grantors, their heirs and assigns and the Grantors and heirs and assigns to enter and take possession upon such treach shall not constitute a waiver of their right to do so. TO HAVE AND TO HOLD the aboveagreed premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple. And we, the said Grantors, do hereby for ourselves and for our heirs, executors and administrators, covenant with the said Grantees and their heirs and assigns, that we are

333 lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances, excepting as aforesaid; that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said Grantees and their heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises and, that we, the said Grantors, will, and our heirs, executors and administrators shall warrant and defend the same to the said Grantees and their heirs and assigns forever against the lawful claims and demands of all persons excepting as aforesaid. IN WITNESS WHEREOF, we, NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands this 6th day of June in the year of our Lord one thousand nine hundred and fifty-six. (DOCUMENTARY STAMPS, $1.10) NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 6th day of June, 1956, before me personally appeared NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE 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. LINTON L. BROWN Notary Public Received for record June 11th, A. D. 1956 at 10:00 o'clock, a. m., and recorded by [signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, JOSEPH D. BAKER and DOROTHY D. BAKER, husband and wife, of Charlestown, Rhode Island, hereinafter called the "mortgagors," in consideration of Four Thousand Five Hundred & 00/100 ($4,500.00) Dollars, to us paid by INDUSTRIAL NATIONAL BANK of Providence, a National banking association organized and existing under the laws of the United States of America, with its principal place of business in the City and County of Providence in the State of Rhode Island, hereinafter called the "mortgagee," the receipt whereof is hereby acknowledged, do hereby grant to the mortgagee, its successors and assigns forever, with MORTGAGE COVENANTS, to secure the payment of the principal and interest of a certain promissory note of the mortgagor of even date herewith and bearing the serial number hereof, the following: A certain tract or parcel of land, together with the buildings and other improvements thereon, situated in the Town of Charlestown, eitherly or southerlyside of the State Highway leading from Charlestown to Cross's Mill, which way is presently designated as State Highway 1, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to-wit: COMMENCING at the southeasterly corner of said tract at an iron pipe set in the ground at a point approximately 525 feet, more or less, northeasterly, as measured along said line of State Highway from the property, and running at the southeasterly edge or line of said State Highway at land of James A. Macdonald et ux and running in a general southwesterly direction in a straight line 170 feet, bounded southerly or southeasterly by said Macdonald lands a distance of 37% feet,