1/28/1954 · DEED · book 34 page 30 doc 3732@34/30

167 I, Charles J. Butler, Town Clerk of the Town of Westerly, County of Washington and State of Rhode Island, do hereby certify that the foregoing is a true copy from the Land Evidence Records of the Town of Westerly recorded in Land Evidence Record Book 56 at page 22. In Witness whereof, I have hereunto set my hand and affixed the seal of said Town of Westerly this 10th day of June, A. D. 1952. Charles J. Butler Town Clerk L.S. Received for record June 19th, A. D. 1952 at 1:10 o'clock, p. m., and recorded by [?] Town Clerk ---- THE WASHINGTON TRUST COMPANY, a corporation created by Act of the General Assembly of the State of Rhode Island, having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, holder of a mortgage by the SHELTER HARBOR COUNTRY CLUB, a Rhode Island corporation located in the City and County of Providence, in the State of Rhode Island, to said The Washington Trust Company, dated May 31, 1933 and recorded in the Records of Mortgages of Real Estate in said Town of Westerly in book No. 26 at page 139, and recorded in the Land Evidence Records of the Town of Charlestown, in said County of Washington and State of Rhode Island, in book 25 at page 571, by the power conferred by said mortgage and by every other power it thereunto enabling, for Eleven Hundred and Eight ($1108.00) Dollars paid, grant to F. SAMUEL HARDNOW, of said Town of Westerly, Rhode Island, the premises conveyed by said mortgage, excepting the portions therefrom hereinafter excluded. The following parcels of land, together with the buildings and improvements thereon and the appurtenances theretounto belonging, located partly in said Town of Westerly and partly in the Town of Charlestown in said County of Washington (a) The following lots of land designated and delineated on two maps of land located partly in said Town of Westerly and partly in said Town of Charlestown, each entitled "Map of Bungalow Sites called Musicology, Property of Dr. Franklin D. Lawson, in the Town of Westerly, Rhode Island, 1912. Scale 200 feet to an inch, By George W. Woodward," and filed December 19, 1912 and February 15, 1915, in the office of the Town Clerk of the Town of Westerly, and recorded in Plat Book No. 2, at Pages 88 and 65 respectively: Lots numbered 9 to 14, inclusive, 17 to 20, inclusive, 31 to 34, inclusive, 49 to 60, inclusive, 61 to 72, 77 to 80, inclusive, in Section I on said map; also Lots 17 to 20, inclusive, 57 to 68, inclusive, 77 to 80, inclusive, in Section IX on said map; also Lots 17 to 28, inclusive, 57 to 68, inclusive, in Section III on said map; also Lots 9 to 28, inclusive, 49 to 68, inclusive, in Section IV on said map; also Lots 7 to 10, inclusive, 15 and 16, 21 to 24, inclusive, 27 to 30, inclusive, 49 to 50, 55 and 56, 61 to 64, inclusive, 67 to 70, inclusive, 77 to 80, inclusive, in Section V on said map; also Lots 1 to 4, inclusive, 31 and 32, 77 to 80, inclusive, in Section VI on said map; also Lots 27, 28, 35, 36, 75 and 76 in Section VIII on said map; also Lots 5 to 14, inclusive, 23 to 26, inclusive, 31, 47, 48, 53 and 54, 63 to 66, inclusive, 71 and 72, 77 to 80, inclusive, in Section IX on said map; also Lots 37 to 40, inclusive, 53 to 56, inclusive, in Section X on said map; also Lots 61 to 68, inclusive, in Section XI, on said map; also Lots 21 and 22, in Section XII on said map; also, Lots 2 to 5, inclusive, 7 to 11, inclusive, in Section XIII on said map; also Lots 1, 2, 4, 5, 8 and 14 in Section XIV on said map; also Lot 11 in Section XVI on said map; also Lots 9 to 40, inclusive, 49 to 70, inclusive, in Section XVII on said map; also Lots 9 to 30, inclusive, 49 to 80, inclusive,

169 conveyance; and the premises described in paragraph (f) of said mortgage were foreclosed under a prior mortgage by sale held on October 20, 1934, and therefore are not included in this conveyance. IN WITNESS WHEREOF, said THE WASHINGTON TRUST COMPANY has caused these presents to be signed by Arthur L. Perry, its President, and Everett Barns, its Treasurer, durently duly authorized, and its corporate seal to be hereunto affixed, this 31st day of October, A. D. 1934. THE WASHINGTON TRUST COMPANY, (L. S.) by Arthur L. Perry Its President and by Everett Barns Its Treasurer. U.S.I.R. $1.50 stamps STATE OF RHODE ISLAND, COUNTY OF Washington, Sc. In Westerly on the 31st day of October, A. D. 1934, before me personally appeared Arthur L. Perry, and Everett Barns, to me known, and known by me to be the President and Treasurer respectively of The Washington Trust Company, and they acknowledged the above instrument by them executed for and in behalf of The Washington Trust Company, to be their individual and official free act and deed, and the free act and deed of The Washington Trust Company. (L.S.) David Robertson Notary Public AFFIDAVIT OF SALE UNDER POWER OF SALE IN MORTGAGE. I, Arthur L. Perry, President of The Washington Trust Company, the mortgagee named in the foregoing deed, make oath and say that the principal and interest obligations mentioned in the mortgage above referred to were not paid or tendered or performed when due or prior to the sale, and that said The Washington Trust Company published on the 3rd, 10th and 17th days of October, 1934, in the Westerly Sun, a public newspaper published in the Town of Westerly in said County of Washington, in accordance with the provisions of said mortgage a notice of which the following is a true copy: Mortgagee's Sale Will be sold at Public Auction on Wednesday, October 24, 1934, at 11 o'clock, a. m., on the premises at the front entrance of the Club House, specially named, in the Town of Westerly, being a parcel of land in the State of Rhode Island, by virtue of a power of sale contained in a deed of mortgage made and executed in the office of the Recorder of Darüber County Lib, dated 31, 1933, and recorded in Book No. 26, Page 119 of the Records of Mortgages of Real Estate in said Town of Westerly, and in Book 34, Page 30 of the Land Evidence Records of the Town of Charlestown, Rhode Island, the conditions of said mortgage deed having been broken: The following parcels of land, together with the buildings and improvements thereon between and the appurtenances thereunto belonging, situated in said Town of Westerly and partly in the Town of Charlestown, said County of Washington: (a) The following lots of land designated and delineated on map of land located partly in said Town of Westerly and partly in the Town of Charlestown, each with a right of way, "Symphony Sites called Municipality, Property of Dr. Franklin D. Lawson, in the Town of Westerly, Rhode Island, 1912, Scale 200 feet to an Inch. By George A. Woodworth, Engineer, filed December 9, 1912, and February 1, 1913. The said map is recorded in the Land Evidence Records of the Town of Westerly, in Plat Book No. 2 at Pages 88 and 65 respectively: Lots number 9 inclusive, to 14 inclusive, to section 20 on said map; also Lots 1, 2, 3, 4, 5, 6, 7, 8 inclusive, to section 21 on said map; also Lots 1 to 6 inclusive, in Section II on said map; also Lots 17 to 26 inclusive, 57 to 68 inclusive, in Section II on said map; also Lots 1 to 68 inclusive, in Section III on said map; also Lots 1 to 10 inclusive, in Section IV on said map; also Lots 49 inclusive, to 68 inclusive, in Section IV on said map; also Lots 1 to 20 inclusive, in Section V on said map; also Lots 21 to 48 inclusive, 59 to 68 inclusive, in Section IV on said map; also Lots 1 to 70 inclusive, in Section VI on said map; also Lots 1 to 4 inclusive, 21 to 48 inclusive, 59 to 68 inclusive, in Section VII on said map; also Lots 1 to 4 inclusive, 21 to 48 inclusive, 59 to 68 inclusive, in Section VII on said map; also Lots 1 to 4 inclusive, 21 to 48 inclusive, 59 to 68 inclusive, in Section VIII on said map; also Lots 5 to 14 inclusive, 23 to 26 inclusive, 31 to 36 inclusive, 41 to 47 inclusive, 49 to 53 inclusive, 55 to 58 inclusive, 61 to 65 inclusive, 67 to 70 inclusive, in Section VIII on said map; also Lots 5 to 14 inclusive, 23 to 26 inclusive, 31 to 36 inclusive, 41 to 47 inclusive, 49 to 53 inclusive, 55 to 58 inclusive, 61 to 65 inclusive, 67 to 70 inclusive, in Section IX on said map; also Lots 1 to 60 inclusive, in Section IX inclusive, 53 to 56 inclusive, in Section X on said map; also Lots 1 to 60 inclusive, in Section IX inclusive, 53 to 56 inclusive, in Section X on said map; also Lots 1 to 10 inclusive, in Section XI inclusive, 53 to 56 inclusive, in Section XIII on said map; also Lots 1, 2, 4, 5, 8 and 14, in Section XII inclusive, 7 to 11 inclusive, in Section XIII on said map; also Lots 1 to 10 inclusive, in Section XV on said map; also Lot 11 in Section XV on said map; also Lots 1 to 9 inclusive, 40 to 46 inclusive, 49 to 70 inclusive, in Section XVI on said map; also Lots 1 to 10 inclusive, in Section XVII on said map; also Lots 1 to 10 inclusive, in Section XVIII on said map; also Lots 1 to 6 inclusive, 9 to 12 inclusive, in Section XIX on said map; also Lots 1 to 10 inclusive, in Section XX on said map; also Lots 1 to 10 inclusive, Lots 5 to 8 inclusive, in Section XXIII on said map, and also Lots 1 to 4 inclusive, in Shore Lot Section on said map. (b) Also all ways, driveways, roads, lawns, parks, squares, groves, forests, beaches (including Symphony Beach as shown on said map recorded in Plat Book No. 2, Page 65, containing

170 about 4500 linear feet of ocean beach), dunes, land north of the dunes and lying between the dunes and the waters of Lake Lohngrin as shown on said maps, marsh land, island and ocean beach, as delineated and described in the specifications of the survey of a varied area of properties entitled "Map of Shelter Harbor Formly known and recorded as Nosulominy (name changed to Shelter Harbor)" located in the Town of Westerly, State of Rhode Island, as described by the Williams Map Guide and Co. for a survey made in 1922 by George N. Woodward, scale 400 feet to the inch", which revised map is recorded in said Land Evidence records of said Westerly in Book 24, Page 111. (c) Cause that certain lot or land with, the buildings and improvements thereon, lying between the north line of Brahmas Road, south-east, as designated and delineated on the aforesaid site plan and the East Line of the Post Road, north-east, as on said revised map is designated as Property of Dr. Franklin Lawson". Said north line of Brahmas Road is also designated and delineated on the aforesaid site plan as the "East Line of the Map." (d) All riparian, shoreline and water rights, and all easements, rights and reservations of every kind and description, appurtenant to any of the property above hereby conveyed. (e) Also a tract of land lying north of the Post Road aforesaid, generally known as the Perkins property, including the buildings thereon, and appurtenances, particularly described in a deed dated October 13, 1934, and recorded in the Land Records of said Town of Westerly, in Book No 42, at Page 400, and in the Land Records of said Town of Charlestown, in Book No 18, Page 24. (f) Also a tract of land lying north of the Post Road aforesaid, generally known as the Elmer Browning Farm, containing approximately one-hundred sixty-three acres, particularly described in a deed dated September 23, 1933, and recorded in the Land Records of said Westerly, in Book No 49, at Page 13. All mentioning hereby to convey all the land with the buildings and improvements thereon, all appurtenances and rights therein, including riparian, shoreline and water rights, and all easements and reservations of every kind and description, whether or not apparent, as are subject to the restrictions of the Shelter Harbor Colony and Shelter Harbor Community located in said Town of Westerly and Charlestown, Rhode Island, and acquired by the Shelter Harbor Country Club by the following deeds: (1) Shelter Harbor Corporation to Shelter Harbor Country Club, dated December 14, 1926, recorded in Westerly Land Records in Book 23, Page 138, and in Charlestown Land Records, in Book 24, Page 94. (2) Shelter Harbor Corporation to Shelter Harbor Country Club, dated June 25th 1928, recorded in Westerly Land Records in Book 23, Page 141, and in Charlestown Land Records, in Book 24, Page 96. (3) Shelter Harbor Corporation to Shelter Harbor Country Club, dated February 15, 1931, recorded in Westerly Land Records in Book 75, Page 70. (4) Franklin D. Roosevelt to Shelter Harbor Country Club, dated May 6, 1933, recorded in Charlestown Land Records, in Book 25, Page 296. (5) Samuel Narmonde & Company, Inc., to Shelter Harbor Country Club, dated May 20, 1933, and to be recorded in Westerly Land Records prior to the recording of this Mortgage. With the exception of the tracts of land described in paragraphs (e) and (f) hereinabove, the above described property is conveyed subject only to mortgages of record or thereon now held by the Washington Trust Company, as amended by the "Agreement of Mortgagees" dated June 14, 1934, and the tracts of land described in paragraphs (e) and (f) are subject only to mortgages of record aggregating $4500, and subject to foreclosure proceedings pending therein, and subject to paragraph (g). Conveyance will be made subject to local, State and any other taxes, assessments and charges, if any, which constitutes a lien thereon. By order of the mortgagees, which hereby gives notice of its intention to bid at said sale or at any postponement or adjournment thereof. Westerly, R. I., October 2, 1934. Pursuant to said notice, at the time and place therein appointed, said the Washington Trust Company did hold the Mortgages at public auction by Russell L. Slocum, an auctioneer, to P. Samuel Narmonde, above named, for Eleven thousand and eight hundred and sixty-four dollars bid by said P. Samuel Narmonde, being the highest bid made for said premises at said auction. Arthur L. Perry. Sworn to by said Arthur L. Perry on this 31st day of October, 1934, before me, David Robertson Notary Public. Received for Record October 31st A. D. 1934, at 2:45 o'clock P. M., and recorded Attest: Everett E. Whipple Town Clerk. I, Charles J. Butler, Town Clerk of the Town of Westerly, County of Washington and State of Rhode Island, do hereby certify that the foregoing is a true copy from the a true copy from the Land Evidence Records of the Town of Westerly recorded in Land Evidence Book 35 at Page 577. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town of Westerly this 10th day of June, A. D. 1952. Charles J. Butler Town Clerk Received for record June 19th, A. D. 1952 at 1:11 o'clock p.m., and recorded by [?] Town Clerk

172 behalf of said Samuel Nardone and Company, Inc., to be his individual and official free act and deed, and the deed, the free act and deed of said corporation. RUSSELL A. LENIHAN Notary Public Received for record June 19th A. D. 1952 at 1:13 o'clock, p. m., and recorded by [signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS That we, NORMAN L. BEHNKE and wife, MARIE ROSE YVONNE BEHNKE, of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the Grantors, in consideration of the sum of Ten ($10.00) Dollars, to us paid by EDGAR CLARKE and wife, GLADYS M. E. CLARKE, both of the Town of Coventry, County of Kent, State of Rhode Island, the receipt whereof is hereby acknowledged, do hereby 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 lot of land together with all buildings and improvements thereon situated in said Town of Charlestown, in the County of Washington, State of Rhode Island, and laid out and delineated on a map numbered copy no. 1, that entitles said "Sea Lea Colony" located in Charlestown and South Kingstown, R. I., Property of M. R. Y. Behnke, Numbered Lots represent Area of Sea Lea Colony, Surveyed and platted this 1934, 1936, 1937, 1938 - Leon L. Hollins, Civil Engineer, Scale 1" = 80", This conveyance is made subject to the following restrictions binding upon the said Grantees, their heirs and assigns forever: 1. Only private one-story residences and private garage shall be erected, placed, maintained or permitted upon said lot, or any part thereof, and no part of any building, including porches, shall come nearer than five (5) feet from the north and south lines and no building shall come nearer than twenty (20) feet from Fifth Avenue. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot, and no tents 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 so placed as not to pollute any nearby drinking water supply, nor to pollute the waters along the shore of this plat. 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 sale shall be made nor conveyance of title to any other person on said lot costing less than Fifteen Hundred ($1500.00) Dollars without the written consent of these Grantors. Also, that certain strip of land in South Kingstown, Washington County, Rhode Island, designated as lot number two hundred eleven (211) on that plat entitled "Sea Lea Colony in Charlestown and South Kingstown, R. I., Property of M. R. Y. Behnke, Numbered Lots represent Area of Sea Lea Colony, Surveyed and Platted 1934, 1936, 1937, 1938 - Leon L. Hollins, Civil Engineer, Scale 1" = 80", which plot is recorded in the Records of Land Evidence in the Town of South Kingstown. 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 or 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 said Pond. (b) No part of said land shall be used for any trade or business or for any commercial purpose whatsoever. No person may use said premises as sleeping quarters or for a trailer or tent. But the strip of land shall be kept in neat order and free from any unsightly litter.