5/20/1952 · MORTGAGE · book 33 page 74 doc 3143@33/74

10 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 28th day of May 1955 before me personally appeared Paul F. Gibbons and Gertrude K. Gibbons to be known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by then executed, to be their free act and deed. JOSEPH LEWIS (Notarial Seal) Notary Public Received for record June 1st, A. D. 1955 at 10:15 o'clock, a. m., and recorded by [Signature] Town Clerk ---- 74 (FOR DISCHARGE OF FOREGOING MORTGAGE, SEE PAGE EX) STATUTORY FORM OF WARRANTY DEED. We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid grant to LESTER W. FIELD and ERNA B. FIELD, husband and wife, both of Greensmitch, County of Fairfield and State of Connecticut, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. Three certain contiguous tracts or parcels of land situated and located at Quonocutcong Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Beginning at a point on the easterly side of Atlantic avenue, to called, said point being the southeasterly corner of the parcel herein conveyed, thence extending at a right angle to the southeasterly line of Wanita Avenue one hundred forty-fifty (150) feet to the southeasterly corner of the parcel herein conveyed, thence extending turning a right angle and extending southeasterly one hundred three and three forty-hundredths (103.40) feet to a point; thence turning an interior angle of one hundred seventy-four degrees twenty-three minutes and thirty seconds (174° 23' 30") and extending continuing northerly three-one and eighteen hundredths (31.18) feet to the northeasterly corner of the parcel herein conveyed, thence turning a right angle and extending westerly one hundred forty (140) feet to the northwesterly corner of the parcel herein conveyed, thence turning a right angle and extending south on the westerly line of Wanita Avenue three hundred forty-four hundredths (300.44) feet to the point of beginning. Said parcel is bounded northerly and southerly by others and easterly by others meaning to be on Wanita Avenue, as shown on the plat of William P. O'Hara, et al's sum and lands of Roger E. Trueman, et al. Meaning and intending to convey three lots #244, #245 and #246 as shown and delineated on that certain plat recorded on the land evidence records of the County of Washington, executed February 28th, Charlestown, Rhode Island, by Howard E. Thorp and N. H. Thorp, dated June 1st, July 14th, 1948, Book 31, Page 184, Rhode Island. Said grantees, their heirs and assigns shall have the right to pass and repass by roads to and from and from said lots or tracts on foot or on otherwise, over and across certain right of way as shown on the plat entitled "Quonocutcong Beach, Charlestown, Date October 1st, 1948" and extending from the road on the east of the parcel herein conveyed, right of way leading from the road to the fresh water pond, and any other portions of said plat which may lead from the road to the fresh water pond, and to any other portions of said plat which may be needed to provide access to the fresh water pond, to the grantees, their heirs and assigns and the others similarly convent and agree to and with the grantees, their heirs and assigns, and to the owners of the land on the east of the said right of way and shall always be subject to the conditions of Central Beach Fire District, its successors and assigns will and shall have the right to assess the grantees, their heirs and assigns will and shall pay the sums so assessed, said sum to be expended and applied by and for the said Quonocutcong Beach Central Fire District, its successors and assigns, on or before the first day of August of each year, for the purpose of to cure and maintain the roads and other portions that may be designated for public use, and the said sum shall become due and payable on the first day of August of each year, as is now conveyed and in case of failure to make any payment within one year after the same shall become due and payable on the first day of August of each year, the said District, its successors and assigns to sell and convey the same premises at public auction, first giving notice of said sale by posting three notices thereof that is to say in Washington at least once a week for three successive weeks and to become the purchaser or purchasers at said sale. This conveyance is made and subject subject to the following conditions and restrictions, NAMELY:

11] 1. In case of a contemplated sale of said lots or parcels of land or any part thereof, Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, shall give the grantors day notice in writing and shall have the first option to purchase the same with the buildings and improvements thereon at the highest bona fide offer received by the grantors and actually offered to the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on be lot hereby conveyed, which dwelling house or building line on said lot, and erected the premises in accordance with the building line on said plat, and no portion any building or building of any structure (such include porches) shall extend beyond the street limits or ocean front nearer than said building line nor shall any building be any building, not exceeding thus length of 100 feet therefrom no detached garage or other outbuilding or buildings shall be erected within 20 feet from the street line or other outbuilding or buildings shall be erected within 20 feet from the side lines or than one thousand dollars each, all toilets, bath tubs, kitchen or dining room sinks or water closets shall be connected to a sewer or septic tank to be constructed and maintained on the above premises by the grantees, their heirs and assigns at own expense. 3. No driveway or line mall, hedges or fences shall be permitted nor trees of any kind, nor anything (except the dwelling house) that shall in any way obstruct view of the street limits or ocean front, or any dwelling houses in this community, shrubs, flowers and vegetables be permitted. 4. No poultry, swine, cattle, notice or vicious dogs or cats or other dogs or notice or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonsetpoint Central Beach Press Dist, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipes conduits or other utilities as may be required, always leaving the premises in as good condition as when entered. 6. It is hereby further covenanted, stipulated and agreed by and between the parties hereto that all of the above conditions, covenants agreements and agreements on the part of the said grantees, their heirs and assigns, on the part to be performed are of the said title to be conveyed in the above described property conveyed; it is further agreed and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions, covenants and agreements any part of said land, their heirs and assigns that the title and fee to said premises shall revert to said Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, and that the title and interest hereby granted, and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to said grantees, all of their right and dower of all other interest in the aforesaid described premises. WITNESS our hands this 1st day of June 1955. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, $2.20) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 1st day of June 1955, before me personally appeared Howard E. Thorp, Nelson H. Thorp, Mary E. Thorp and Merle N. Thorp, 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. JOAN A. ZANELLA (Notarial Seal) Notary Public Received for record June 2nd, A. D. 1955 at 1:10 o'clock, p. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE Westerly Community Credit Union, having received full payment and satisfaction of the promissory note secured by the Deed of Mortgage of Paul P. Shumbus to Westerly Community Credit Union dated May 28, 1955 and recorded in the Land Evidence Records in the Town of Charlestown, Rhode Island, in book 33, page 74, August 9-10, hereby cancels and discharges the same. And covenants with the Mortgagee that it is the present owner of said mortgage. IN WITNESS WHEREOF Westerly Community Credit Union has caused these presents to be signed and its corporate seal to be hereunto affixed by its proper officer or representative thereto duly authorized the 2th day of April, 1967. WESTERLY COMMUNITY CREDIT UNION (Corporate Seal) By Joseph N. Ugini Title President Received for record April 27th, A. D. 1967 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk