12/13/1865 · MORTGAGE · book 9 page 64 doc 3980

64 Know all men by these presents that I William Gnesinger of the town of Charlestown County of Washington and State of Rhode Island in consideration of seven hundred and forty dollars to me paid by the Pace Dale manufacturing Company, a Company incorporated by the legislature of Rhode Island and doing business in the town of South Kingstown County and State aforesaid, the receipt whereof I do hereby acknowledge to be fully said receive and forever quit claim unto said Pace Dale Co its successors and assign all my right title and interest in and to a certain lot of land situated in the village of Cardines Mills town of Charlestown forementioned containing one quarter of an acre more or less bordered on the south by a certain street running north towards the swamp 75 feet from the stone fencing corner to edge of a large flat rock 187 feet forward then running North East 75 feet and from that point to the first mentioned bound it running North East 187 feet Concluded that the houses to successors and assigns shall build and maintain all the fence on said lot To have and to hold the same together with all the buildings shaved and within all the privileges and appurtenances thereto to the said Pace Dale Co its successors and assigns forever And I the said William Gnesinger covenant for myself mine heirs executors and administrators do covenant with said Pace Dale Co its successors and assigns that I will warrant and defend the same to said Pace Dale Co its successors and assigns forever against the lawful claims of all persons claiming by through or under me or mine heirs Amen I Mary Ann Gnesinger wife of said William Gnesinger in consideration of the sum of one dollar paid me by said husband as aforesaid do hereby release and forever quit claim to said Pace Dale Mfg Co its successors and assigns all my right of dower in and to the aforesaid granted premises The condition of the aforementioned deed is that if the said William Gnesinger the grantor his executors or administrators either shall pay or discharge a certain promissory note given by me to said Pace Dale Mfg Co bearing date ninth day of November and payable twelve months of date with interest four per cent per annum for the sum of seven hundred and forty dollars together with all accruals of the same with interest full and ivory in every respect indemnify and save harmless from costs and damages the said Pace Dale Mfg Co its successors and assigns then this deed shall be null and void therefore and null force In witness whereof we have hereunto set our hands and seals at Cardines Mills this 30th day of November and the year of our Lord one thousand eight hundred and thirty five Signed Sealed and delivered In presence of William Gnesinger Ls Sennumpth [illegible] S. D. Smede Mary Ann Gnesinger Ls $1.00 A. D. Grew State of Rhode Island County of Washington ss Personally appeared William 1835 the 1st day of Dec. and Mary Ann Sennumpth separately D. L. [illegible] R. [illegible] Atty R. [illegible] Atty Recorded Nov Dec 1st 1835 by Obadiah Barnes Cl. and made oath that the handwritten deed acknowledged the foregoing deed by their signs to be their free act and deed that certain funds and eight thousand cents offered Charlestown November 30th 1835 Entered in Clerk Courts office of the District of North East Dec 1st 1835 at 4 oclock PM Obadiah Barnes Cl. Clerk

277 sell and convey the premises at Public Auction, first giving notice of such sale in some newspaper published and circulated in the Town of Barrington at least once each week for three successive weeks and to become the purchaser or purchasers it said sale. This conveyance is made and accepted subject to the following conditions and restrictions: 1. In case of a conveyance of said site or said lot or parcel of land or any part thereof to Howard E. Thorp and Nelson H. Thorp, their heirs and assigns thereof, said Howard E. Thorp and Nelson H. Thorp shall have the first option shall be given ten days notice, to repurchase the same buildings and improvements thereon at the high- est bona fide price in good faith made and actually offered to the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used as a site for not more than one dwelling house on each lot hereby conveyed which dwelling house or houses shall be sown on said plat and no other structure or building (including porches on said plan) shall be erected on any portion of the dwelling or buildings houses (including porches) shall be approved to the street, alleys or other ways or within twenty feet of building lines, nor shall any person build any building or any nature wit or whichever approach the side lines of the lot or lots nor less than five feet, no stables, garages or other outhouses or other buildings shall be erected thereby; dwelling house when erected on said lot or lots shall cost when completed not less than thousand dollars, all lots or lots shall have septic tanks; all outlets shall be piped to a suitable cesspool or septic tank to be constructed and maintained on the above premises by the grantee, the heir and assigns. 3. No division of line walls, hedges or fences shall be permitted nor, three steps kin any, anything (except the dwelling house) that in any way obstruct the view over any part of said lot or lots from the front of said dwelling house in this colony; shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, notions or vicious dogs or cats or any other noisy or objectionable animals of any kind shall be kept or permitted to be kept on said premises. 5. The said Quonochonticut Beach Properties, Inc. its successors and assigns, reserve the right to enter upon the above described and convey premises to lay any pipe outlets or pipes, or to repair the same, always leaving the premises in a good con- dition as when entered upon. 6. 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, are and shall be to be kept and performed shall attach to and run with the land hereby conveyed; it is further covenanted, that in case of any violation part of the conditions or covenants on the part of said grantees, their heirs and assigns, that the title to said lot or lots shall revert to said Howard E. Thorp or Nelson H. Thorp, their heirs and assigns, and he or they may repossess himself or themselves of the said lot or lots, and his, her, their right, title and interest hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey the same premises conveyed to those grantees Howard E. and Nelson H. Thorp by deed dated August 18, 1950 and duly recorded in the Land Evidence Records of said Town of Charlestown in Book #32 at Page #225. WITNESS our hands this 24th day of August 1954. ARTHUR G. WATT LEAFIA B. WATT (DOCUMENTARY STAMPS, $1.65) STATE OF NEW JERSEY COUNTY OF SUSSEX In Franklin, New Jersey on the 24th day of August, 1954, before me personally appeared ARTHUR G. WATT and LEAFIA B. WATT, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by the executed to be their free act and deed. HARRY E. WATT (Notarial Seal) Notary Public Notary Public of New Jersey My Commission expires Jan. 15, 1955. STATE OF NEW JERSEY } County of Sussex, } ss. I, HENRY B. CAIRN, Clerk or the County of Sussex, and also Clerk of the County Courts, holdin in and for said County, in and belonging Courts of Record, DO HEREBY CERTIFY, that Harry E. Watt whose is and its authenticated to the certificate of proof or acknowledgment of the annexed instrument, whose and it is authenticated to the certificate of proof or acknowledgment of the annexed instrument, wherein written, was at the date thereof, a NOTARY PUBLIC of the State of New Jersey, said state to take the acknowledgments of deeds or conveyances of tenements or hereditaments in said acknowledgment and proof of deeds or conveyances of tenements or hereditaments in said County and State; and Further, that the said certificate of proof or acknowledgment is genuine. I believe that the signature to said certificate or proof or acknowledgment is genuine. IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of said Courts and County, at Newton, this 25th day of August A. D. 1954. HENRY B. CAIRN, Clerk DAVID N. GOULD, Jr., Deputy Clerk Received for record September 14th, A. D. 1954 at 9:05 o'clock, a. m., and recorded by Town Clerk