The instrument's own words
page 1
202
payable to the said William D Cross or order, now therefore I the said Hugh
McInnes for myself my heirs executors, administrators or assigns or any other person for me or
for them shall pay their notes of maturity or any demand of the same better letters
with the utmost diligence according to the tenor thereof the due dates shall be held strictly
that he may be rendered in full force and effect. Furthermore I the said Hugh McInnes
do hereby constitute and appoint the said William D Cross his Attorneys, agents,
that he may assert any claims true and lawful actions or attorneys irrevocable with
full power of substitution and reservations for me Said in any name or in his or their
names or in any of them in case default shall be made in the payment of the said
note or the nominal amount entered due thereon and such deposits that shall constitute for
the term of law day prior to default all manner the premises of recovery or any just thing
due said note after the expiration of said law days of recovery, during term of nights of
said note in some one of the public courts held hereafter in Westerly County and
in my name or in the name of the public courts said note secretary and attorney
to collect the purchasers or purchasers thereof any deed or claim that may be necessary
to set such purchasers or purchasers a full and absolute title in fee simple therefore and
on said note through public granting unto my said attorney full power to commence suit
said sale for a true sum to do as my said attorney is empowered to pursue the amount
the same man he sold for and after the payment of all the expenses incurred to such
sale order to apply and apply the proceeds thereof to the payment of the amount of
principal and interest of said note hereby declared I hereby agree that on said
date for default in the payment of said nominal interest the principal of said note
shall be deemed and declared due and payable on the day of said sale accounting to me my
heirs or assigns for all sums over and above the amount thereof I hereby ratifying
approving and confirming such Sale or sales as may be made or caused to be made by
virtue hereof This testimony witness of these presents set my hand heard and seal this
forth day of March in the year of Our Lord one thousand eight hundred and
sixty seventh
Signed Sealed and delivered
in presence of
Mary G Coy
Wm G Spicer
Hugh McInnes L.S.
Lydia M McInnes L.S.
$80.50
(Witnesses)
State of Rhode Island ss In Christletown this sixteenth day of March 1867
Hugh McInnes and his wife Lydia M McInnes personally appeared before me and
acknowledged the foregoing instrument to be their signed to be their free and voluntary
act and deed
William G Spicer Public Notary
Received for Record March 20 1867 at 11 o clock A.M
and Recorded by Josiah Cross Town Clerk
Sept 15th 1868
Paid in full the note for which this Mortgage was given Wm D Cross
Recorded April 5th 1867
by C Cross Clerk
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412
said Bay Street sixte-three (463) feet to the point and place of
beginning. Said parcel is bounded northerly by land of Mimi Nurai,
easterly and westerly by land of this grantor and southerly by
Bay Street, so called.
In consideration of the purchase price it is understood and agreed
that the following restrictions and reservations shall apply to
and run with the land for a period of seventy five years from January 1,
1955. The above described premises shall be used as a site for
only one residence, said residence to be of a class to cost not
less than one thousand dollars ($1,000.00) to be built on or nearer the
street than the building line as shown on plan said plat, and no portion
of any building except porches and steps shall approach the side lines
nearer than three feet, no detached garage or other building or
buildings shall be erected thereon, and all toilets must be sanitary
flush toilets and all tubs and sinks must drain into a septic
tank or cesspool.
In consideration of the purchase price, the grantees, their heirs,
executors, administrators and assigns, licensees, guests and serv-
ants are granted right of way to pass and repass at all times and
for all purposes, on foot and with horses, over and across Sunset
Avenue to the public highway and to cross and recross at all times
the sunset avenue and to pass and repass over and across a cer-
tain lot extending from Sunset Avenue to Quonocut Pond and grant
easement thereunto appertaining, and further the said grant-
ees, their heirs, executors, administrators assigns, licensees, guests
and servants are granted right of way to pass and repass on foot and
with horses, over and across a strip of land of the site of Lake
ten (10) feet in width and with access to the pond and lake
commencing at the south boundary of Sophie M. Downie as described in that
certain deed from Sophie M. Downie to Charles H. Thorpe, dated
July 13th 1938 and recorded in Providence records in said Town
of Charlestown in Book 28 Page 32, and in consideration of their
rights to pass and repass over and across Sunset Avenue and other roads lead-
ing to the public highway and to cross the right of way to the beach
and lake, the grantees, their heirs, executors and assign servants and
heirs, executors, administrators, assigns, licensees, guests and servants
hereby release the grantors, their heirs, assign servants and heirs
from any damage or liability of any kind or nature due to the use
of said drives, streets, roads or rights of way as hereinbefore speci-
fied.
IN WITNESS WHEREOF, the said corporation has caused these presents to be duly signed
by its President and Treasurer, hereunto duly authorised and the corporate seal to be here-
unto affixed at Westerly, Rhode Island, this 17th day of January, 1955.
CHARLESTOWN ESTATES, INC. (Corporate Seal)
Howard E. Thorp
President
Nelson H. Thorp
Treasurer
(DOCUMENTARY STAMPS, 55¢)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Westerly on this 17th day of January 1955, before me personally appeared Howard
E. Thorp, to me known and known by me to be the President of said corporation, and Nelson H.
Thorp, to me known and known by me to be the Treasurer of said corporation, and they acknow-
edged said instrument by them executed to be the free act and deed of said corporation as as
well individually.
ROGERS E. TRAINER (Notarial Seal)
Notary Public
Received for record February 24th, A. D. 1955 at 1:00 o'clock, p. m., and recorded by
[Signature]
Town Clerk