The instrument's own words
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to make, execute and deliver to the purchasers or purchasers at such sale a good and sufficient deed or deeds of said premises in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to reimburse the Mortgagee for any sums incurred in such sale or sales, or to pay the full interest due thereon, or the part thereof then remaining unpaid, and also the interest then due on the Note, together with all costs and expenses incurred in said sale or sales, or for making deeds hereby reserved, and for fees of counsel and attorneys, and all such other expenses incurred in the said sale or sales, said power of sale and right to receive assessments and premiums for insurance, if any, either heretofore paid by the Mortgagee or then remaining unpaid, and also the interest then due on the Note, paying the surplus, if any, to the Mortgagor, or if any, to the successors of the Mortgagor, his heirs, executors, administrators and assigns, which sale or sales are made as aforesaid shall be a conveyancing and barring both in law and equity of all right against the Mortgagor, their heirs, executors, administrators and assigns, and all persons claiming under them.
And the Mortgagor hereby further covenants that he will, upon request, execute such deed or deeds confirmatory of such sale or sales as may be required.
Notice of the exercise of any option granted to the Mortgagee herein, or in the note secured hereby, is not required to be given.
The covenants herein contained shall bind, and the benefits and advantages shall inure to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 19th day of June in the year of our Lord one thousand nine hundred and fifty-three.
Signed and sealed in presence of:
Leroy C. Whitford
ELMER R. MINAKIN (SEAL)
ETHEL MINAKIN (SEAL)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In South Kingstown, on the 19th day of June, A. D. 1953, before me personally appeared the above named Elmer R. Minakin and Ethel Minakin, husband and wife, each to me known and known by me to be the parties executing the foregoing instrument, and they each acknowledged said instrument by them executed to be their free act and deed.
LEROY C. WHITFORD
Notary Public
Received for record June 22nd, A. D. 1953 at 1:37 o'clock, P. M., and recorded by
[Signature]
Town Clerk
(FOR DISCHARGE OF FOREGOING MORTGAGE, SEE PAGE 700)
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STATUTORY FORM OF WARRANTY DEED
We, WILLIAM W. SAUNDERS and ALICE B. P. SAUNDERS, husband and wife, both formerly of the City of Providence, County of Providence and State of Rhode Island, now of the Town of Hopkinton, County of Washington and State of Rhode Island, hereinafter called the grantors, for consideration paid grant to KATHARINE R. VAN OST, of Hackensack, County of Bergen and State of New Jersey, hereinafter called the grantee, with WARRANTY COVENANTS.
A certain tract or parcel of land situated and being in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit:
Lot #62 as shown and delineated on a certain plan or plat entitled, "Plan of Conquinetown Central Beach, Charlestown, Rhode Island, Town and Trail Inc., Augt., 6th 1935" filed in the office of Doris A. Lewis, Regtr., New Lisbon, September 10, 1935". Said plan or plat being on file in the Town Clerks office of said Town of Charlestown.
Said grantors, their heirs and assigns shall have the right to pass and repass to and from and from and to said lot or tract on foot or tractor, over, over and on across those rights of way as are shown on said plat, including a road leading to the beach and also the right of way leading from the road to the fresh water pond, and any other portion of said plat which might hereafter be designated
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for public use; the said grantee, for herself, her heirs and assigns hereby covenants and agrees and to the said grantors, their heirs and assigns, and the said grantee and the said grantors, their heirs and assigns all shall pay to Quonnocutong Central Beach Fire District, its successors and assigns, and on or before the first day of August in each year hereafter the sum of $10.00 as annual membership fee. The above conveyed, said sum is to be expended and applied by the said Quonnocutong Central Beach Fire District, its successors and assigns, in such manner as shall be in their discretion and to the care and maintenance of the roads and other portions that may be used for public use; and the said grantee, her heirs and assigns are hereby made a lien and charge upon the said premises to be paid, and in case of failure to pay the same for one year after the same shall become due, it shall be lawful for the said Quonnocutong Central Beach Fire District, its successors and assigns, to sell and convey the said premises at public auction, first giving notice of such sale in some newspaper published in said County of Washington at least once each week for three consecutive weeks prior to the date of purchase or purchase at said sale. This conveyance is made and accepted subject to the following conditions, restrictions and covenants:
1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp, his heirs and assigns, shall be given first option to purchase the same, and shall have the first option to purchase the same with the buildings and improvements thereon at the highest bona fide price which shall have been made and actually offered to the said grantee, her heirs and assigns.
2. The above conveyed premises shall be used only and solely for one dwelling house on the lot, and for no other purpose, which dwelling house shall be erected on the premises in accordance with the building line as shown on said plat, and no portion of any building or buildings or dwelling house (porch included) shall be erected on the street or streets or on any front nearer than five feet behind said building line, nor shall any building of any nature or what so ever be erected on the sides of the lot unless it be more than fifteen feet therefore; no detached garage or other outbuilding or outbuildings shall be erected on said lot, and the dwelling house on said lot shall cost when completed not less than one Thousand (1000) Dollars inclusive of labor and materials. All water used for drinking or sewage contents shall be piped to a suitable cesspool or septic tank, to be constructed and maintained on the premises at the expense of the grantee, her heirs and assigns at their own cost and expense.
3. No division or dime walls, alleys, hedges or fences shall be permitted nor any trees of any kind, old or young, except the dwelling house that shall in any way obstruct the view from any part of adjoining property or any dwelling house in this colony. Shrubs, flowers and vegetables shall be permitted.
4. No poultry, swine, cattle, noisy or vicious dogs or cats or any other noise or objectionable animals or birds shall be kept or permitted to be kept on the premises.
5. The said Quonnocutong Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipes, cables, wires, etc., or to repair the same, leaving the premises in as good condition as when entered.
6. It is further covenanted, understood and agreed by and between the parties hereto that all the above stated covenants and agreements on the part of the said grantee, her heirs and assigns on her part to be kept and performed shall be covenants running with the land and hereby covenanted 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 or covenants on the part of the said grantee, her heirs and assigns, that the said Howard E. Thorp, his heirs and assigns, and be he’s heirs and assigns, shall have the right to re-enter and seize or demand or otherwise the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease.
Meaning and intending to convey and convey the same premises conveyed to these grantors by Howard E. Thorp, by deed dated November 30, 1927, and duly recorded in the Land Evidence Records of said Town of Charlestown in Book #23 at Page #130.
WITNESS our hands this 18th day of June, 1953.
WILLIAM W. SAUNDERS
ALICE B. P. SAUNDERS
(DOCUMENTARY STAMP, $1.10)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Charlestown on the 18th day of June, 1953, before me personally appeared WILLIAM W. SAUNDERS and ALICE B. P. SAUNDERS, husband and wife, to me 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.
HOWARD E. THORP
Notary Public
Received for record June 23rd, A. D. 1953 at 10:00 o'clock, a. m., and recorded by
Town Clerk
The page as recorded
