8/30/1952 · DEED · book 33 page 257 doc 3279@33/257

257 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, hereinafter called the grantors, for consideration paid, grant to PIETER W. SCHIPPER and NELINE M. SCHIPPER, husband and wife, formerly of South Windsor, Connecticut and now of Plymouth, County of Wayne, State of Michigan, as Joint Tenants and not tenants in common, meaning to the survivor, hereinafter called the grantees, with WARRANTY COVENANTS, A certain tract of land or part of land situated at the northeasterly intersection of Neptune Avenue, so called, and Central Avenue, so called, at Quonochontaug Beach, Charlestown, County of Washington and State of Rhode Island and bounded as follows, and described as follows, to wit: Lot 175 as shown and delineated on a certain plan or plat entitled, "Plan of Quonochontaug Beach, Charlestown, R. I., Thorp & Trainer, Inc., Staffs, 40 feet to the inch, dated and signed by Frederic W. Lodge, and dated to September 10, 1952," said plan or plat being on file in the Town Clerk's Office of said town. Said grantees, their heirs and assigns shall have the right to pass and repass to and from and over and to said lot on foot or otherwise, over and across on those certain rights of way as are shown on the aforesaid plan or plat, including the right to the beach and also the right of way leading from the road to the beach past said property, which right of way shall be open to the public, their heirs and assigns, and shall be open for public use; the said grantees, for themselves and with the said grantors, their heirs and assigns, by these presents hereby covenant and agree and with the said grantors, their heirs and assigns, that they, the said grantees, their heirs and assigns, shall and will shall be members of the Quonochontaug Beach Fire District, its successors and assigns, on and before the first of February of each and every year, and shall pay the annual dues as may be from time to time levied, conveyed said sum to be expended and applied by the said Quonochontaug Beach Fire District, its successors and assigns, and by the said grantees, their heirs and assigns, in an uncontrolled survey said to be expended and applied by the said Quonochontaug Beach Fire District, its successors and assigns, in the construction and maintenance of the roads and other portions of the property not conveyed, and in such other manner as the said district may from time to time determine, and that said dues are made a lien and charge upon the premises hereby conveyed, and in case of failure to pay said dues when due and payable, the same shall become a judgment lien, it shall be lawful for the said Quonochontaug Beach Fire District, its successors and assigns, to foreclose said lien, and the premises so foreclosed shall be sold by public auction giving notice of such sale in some newspaper published in said County of Washington for ten days next before such sale, and proceeds of such sale be applied to the payment of said dues and the costs of such sale, and the balance, if any, be paid to the purchasers or purchasers to said grantees, all subject to the following conditions, and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, shall be given ten days written notice and shall have the first option to purchase the said premises with the buildings and improvements thereon at the highest bona fide offer received and offered in good faith and actually offered to the said Grantees, their heirs or assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the said lot hereby conveyed except that a garage or carport may be erected on said premises in accordance with the building lines as shown on said plat, and no portion of any building or structure shall be erected on said premises, and no portion of the streets or street or ocean front nearer than said building line, nor shall any building or any part thereof be erected on said premises closer than the side line of the lot nearer than five feet therefrom; no detached garage or other building or buildings shall be erected thereon; dwelling houses when erected on said lot shall cost when completed not less than $5,000.00; no outdoor privy, outhouse, privy vault, kitchen or other drains or sewage outlets shall be piped to a suitable cesspool or septic tank, to be constructed in accordance with the regulations of the State of Rhode Island, and the cost of such construction shall be borne by the said grantees, their heirs and assigns at their own cost and expense. 3. No division or line walls, hedges or fences shall be permitted nor trees of any kind, nor anything else of any kind or nature shall in any way obstruct the view from any part of any adjoining property or any dwelling house in this colony, unless the same be a hedge of evergreen shrubs or shrubs. 4. No swine, poultry, cattle, nixie or curious vendors dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonochontaug Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipe utilities or pipes, to repair or to the same, always leaving the premises in as good condition as when entered upon. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said grantees, their heirs and assigns, shall be binding upon the said premises and shall attach to and run with the land hereby conveyed; it is further agreed and made a part of the conditions, covenants and agreements that in the event of any violation of the above conditions or covenants on the part of said grantees, their heirs and assigns, that the said premises hereby conveyed shall, at the option of Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, be or be they may reserve demand, forfeit and void, and the title hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. The grantors reserve the right to remove the present garage building on these premises at their own expense within six months of the date hereof. We, MARY E. THORP and MERLE N. THORP, wives respectively of the grantors, release

258 to the said grantees, all our right of dower and all other interest in the aforesaiddescribed premises. WITNESS our hands this 27th day of August 1952. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 27th day of August 1952, before me personally appeared Howard E. Thorp, Mary E. Thorp, husband and wife, Nelson H. Thorp and Merle N. Thorp, husband and wife, 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. PAUL M. KEANNEY (Notarial Seal) Notary Public Received for record August 30th, A. D. 1952 at 9 o'clock, a. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED We, PIETER W. SCHIPPER and NELINE M. SCHIPPER, husband and wife, formerly of South Windsor, Connecticut, now of Plymouth, county of Wayne, and State of Michigan for consider- ation 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 Seven Hundred Fifty (750) Dollars in Five years with interest at Five (5) per centum, per annum, payable semi-annually in advance as provided in a certain negotiable promissory note of even date herewith, in ac- cordance with the terms and tenor of said note. (Description, and Incumbrances, if any) That certain tract or parcel of land, together with buildings and improve- ments thereon standing, situated in the Town of Charlestown on the northerly side of Neptune Ave., so called at Quonocutcong Beach, R. I., in the Town of Charlestown, County of Washington, and State of Rhode Island, bounded and described as follows, to wit: Lot #107 as shown and delineated on a certain plan of Plat entitled "Plat of Quonocutcong Beach Central, Charlestown, R. I.," Thorp & Trailer, Inc., Agents, 80 feet to the inch, October 1924, Rossi & Lewis, Engrs, Revised to September 12, 1929, W. S. Moore, Surveyor, plat being on file in the Town Clerk's Office of said Town of Charlestown. Meaning and intending to mortgage the same premises conveyed to the above mortg- agors by Howard E. and Nelson H. Thorp by deed dated September 12, 1952, and duly recorded in the land evidence records of the Town of Charlestown in Book #32 at Page #275. Together with all of the rights, reservations, covenants and restrictions as are contained in said deed. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. WITNESS our hands this 28th day of August, 1952. PIETER W. SCHIPPER NELINE M. SCHIPPER In presence of: