8/2/1952 · AGREEMENT · book 33 page 211 doc 3226@33/211

211 AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made and entered into this 19th day of September, A. D. 1951, by and between CHARLES W. RIETZEL, of the town of Charlestown, county of Washington state and of Rhode Island, hereinafter called the seller, and EDWARD NELSON, of said town of Charlestown, and JOHN P. KELLEY, of the town of South Kingstown, in said county of Washington state and of Rhode Island, hereinafter called the purchasers; WITNESSETH: WHEREAS, the said seller, CHARLES W. RIETZEL, has agreed to sell a certain tract or parcel of land, situated on the northerly side of the Town Highway at "Charlestown Beach," so- called, in said town of Charlestown, county of "Washington state and of Rhode Island, bounded and described as follows, and containing four (4) acres, more or less: On the north by the creek; on the east by a creek or channel and land formerly of Hattie P. Larkin; on the south by the Town Highway and on the west partly by land formerly of Stephen C. Browning and partly by land for- merly of Howard P. Browning. Being the same premises conveyed to this Grantor by deed of Hattie P. Battis Larkin; said deed bearing date of May 4th, 1950 and recorded in the Deeds of Land Evidence, in said town of Charlestown, Plat Book No. 13, at Pages 284 to 285. EXCEPTING, HOWEVER, from this conveyance, Lots Numbers 5, 6 and 7 as shown and delineated on plat entitled, "LARKIN PLAT of Land in the Town of Charlestown, R.I. owned by Charles W. Rietzel, Estate in Apr 14, 1951", recorded April 12, 1951 in Book No. 23 at Page 71; also excepting from this con- veyance the strip of land used for the street shown on the easterly end of said plat. This conveyance is made subject to and any and all rights of way across roads streets, commons etc. heretofore previously recorded. The purchasers, and their heirs and assigns, are hereby granted the right to cross and traverse, in common with others, over and across that certain four-foot strip of land extending southerly from the Town Highway to the attainable Ocean as described in deed of Adolph P. Rietzel to this seller; said last mentioned deed bearing date of June 1st, 1948 and recorded in said Deeds of Land Evidence, Book Evidence No. 24 at Pages 212 and 213. Said seller herein hereby agrees and consents to permit said purchasers the right and privilege to replat and file for record said replat of the within describ- ed real estate. NOW, THEREFORE, said seller, CHARLES W. RIETZEL, hereby agrees to accept a note for Two Thousand ($2,000.00) Dollars, secured by a mortgage on said above described real estate for the balance due for the purchase price; and said purchasers, EDWARD NELSON and JOHN P. KELLEY, hereby agree to purchase said above real estate and execute said mortgage and note, as aforesaid, and pay to said seller, CHARLES W. RIETZEL, the sum of Fifty ($50.00) Dollars monthly, beginning October 15, 1951, and Fifty ($50.00) Dollars each and every succeeding month, payable on the fifteenth day of each month thereafter, in reduction of said mortgage and note, and continuing thereafter, until the sum of Two Thousand ($2,000.00) Dollars shall have been paid in full, without interest. And in the event of any default in any of all the payments due under the terms of said mortgage, for a period of ninety (90) days, the said mortgage shall have the right or privilege to foreclose said mortgage for the balance due thereon. IT IS FURTHER MUTUALLY agreed between the parties hereto that if at any time the said purchasers, EDWARD NELSON and JOHN P. KELLEY, shall sell any of the above mentioned land, that said seller, CHARLES W. RIETZEL, will release the same from the lien created by said mortgage for a consideration of twenty (20%) per cent of the price to be paid to said purchasers, EDWARD NELSON and JOHN P. KELLEY, for said property, provided, however, that the price for the entire parcel of land shall be not less than Four Thousand ($4,000.00) Dollars and any portion thereof at a proportionate price. IT IS FURTHER MUTUALLY AGREED by and between the parties hereto, that said purchasers, EDWARD NELSON and JOHN P. KELLEY, shall by warranty deed convey to said seller, CHARLES W. RIETZEL, a certain lot or parcel of land situated at said "Charlestown Beach," so-called, in said Town of Charlestown, fifty (50) feet wide, running from a proposed road northeasterly to Charlestown Pond, a distance of approximately one hundred thirty-five (135) feet, said lot to be located on a AHA 490

212 proposed plat to be prepared and filed by said purchasers, EDWARD NELSON and JOHN P. KELLEY, in the Records of Land Evidence, in said town of Charlestown, in approximately the identical location, between lots numbers 10 and 11, on the existing plat now on file in said Records of Land Evidence, in said town of Charlestown, in Book No. 23 at Page 71. To the performance of which agreement the said parties hereto bind themselves, their heirs, executors and assigns, each to the other. IN TESTIMONY HEREOF, we have hereunto set our hands and seals, and to a duplicate instrument of the same tenor and date, at said Westerly, on the day and year first above mentioned. Signed, sealed and delivered in the presence of: Clarence E. Roche Katherine Ramsay CHARLES W. RIETZEL EDWARD NELSON JOHN P. KELLEY Subscribed and sworn to before me at said Westerly, this 24th day of October, A. D., 1951. CLARENCE E. ROCHE Notary Public Subscribed and sworn to before me at Limestone, this 24th day of October, A. D. 1951. KATHERINE RAMSAY (Notarial Seal) Notary Public Received for record Augst 2nd, A. D. 1952 at 3:10 o'clock, p. m., and recorded by Town Clerk MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, that we, EDWARD NELSON, of the town of Charlestown, county of Washington and State of Rhode Island, and JOHN P. KELLEY, of the town of South Kingstown, county of Washington and state of Rhode Island, for consideration paid, grant to CHARLES W. RIETZEL, of said town of Charlestown, county of Washington and State of Rhode Island, with MORTGAGE COVENANTS, to secure the payment of two Thousand ($2,000.00) Dollars in Forty (40) months without interest as provided in a certain negotiable promissory note of even date herewith. That certain tract or parcel of land situated on the northerly side of the Town Highway or "the road to Green Beach", so-called, in the town of Charlestown, county of Washington and state of Rhode Island, bounded and described as follows, and containing four (4) acres, more or less: On the north by a creek; on the east by a creek or channel and land formerly of Hattie P. Landis; on the south by the Town Highway and on the west partly by land formerly of Stephen C. Browning and partly by land formerly of Edward T. Burdick. Being the same premises conveyed to this grantee by deed of Hattie

213 P. Larkins said deed bearing date of May 5th, 1920 and recorded in the Records of Land Evidence, said Town of Charlestown, Book No. 19 at Pages 212 and 213. EXCEPTING, HOWEVER, from this conveyance, Lots Numbers 5, 6 and 7 as shown and delineated on plat entitled, "LARKIN PLAT of Land in the town of Charlestown, in the County of Kent, State of Rhode Island," dated April 1st, 1927, Leon L. Holland, Ctrl. Engineer"; said plat being filed in said Records of Land Evidence, in Book No. 23, at Page 71; also except- ing from this conveyance that portion of Lot 71 also except west in show on the easterly end of said plat of 40.00 feet. This conveyance is made subject to any and all rights of way across roads, streets in common or otherwise previously conveyed. The Grantee, his heirs and assigns, are hereby granted the right to cross and egress, in common with others, over and across that certain five- foot strip of land running parallel to the Main Highway to the Atlantic Ocean as described in said deed of Adolph P. Rietzel to this Grantee; said instrument being dated February 23rd, 1920 and recorded in said Re- cords of Land Evidence, Book No. 24 at Pages 212 and 213. Said Grantors herein hereby agree and consent to permit said Grantee the right and privilege to replat and file for record said replat of the within described real estate for any reason. We, MYRTLE E. NELSON, wife of the mortgagor, EDWARD NELSON, and GEORGIANA KELLEY, wife of the mortgagor, JOHN P. KELLEY, release to the mortgagee all our right of dower and all other interest in the aforementioned premises. WITNESS our hands this 24th day of October, A. D., 1951. Executed in the presence of: EDWARD NELSON Katherine Ramsay MYRTLE E. NELSON Clarence E. Roche GEORGIANA KELLEY JOHN P. KELLEY STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 24th day of October, A. D., 1951, before me personally appeared EDWARD NELSON and MYRTLE E. NELSON, husband and wife, to me known and 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. CLARENCE E. ROCHE Notary Public STATE OF MAINE COUNTY OF AROOSTOOK In Limestone, on the 24th day of October, A. D., 1951, before me personally appeared JOHN P. KELLEY and GEORGIANA KELLEY, husband and wife, to me known and 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. KATHERINE RAMSAY (Notarial Seal) Notary Public Received for record August 2nd, A. D. 1952 at 3:15 o'clock, p. m., and recorded by [Signature] Town Clerk DISCHARGE OF MORTGAGE The undersigned having received full payment and satisfaction of the within mortgage recorded in the Records of Land Evidence, Town of Charlestown, State of Rhode Island, in Book No. 19 at pages 212 and 213, hereby cancels and discharges the same. And covenant to and with the payer that I am the present owner of said mortgage. Witness, this 15 day of May, 1953. Charles W. Rietzel Above discharge received for record May 15th, A. D. 1953 at 11:45 o'clock, a. m., and recorded by [Signature] Town Clerk