5/11/1955 · DEED · book 34 page 480 doc 4199@34/480

480 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, for consideration paid grant to WILLIAM P. O'MARA and FRANCES M. O'MARA, husband and wife, both of Yonkers, County of Westchester and State of New York, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. A certain tract or parcel of land situated and located at Quonochonticut Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, is described in the deed as follows, to wit: Beginning at a point on the westerly line of Ningne Avenue, so called, said point being the northeasterly corner of the parcel herein conveyed, said point being the northeasterly corner of the said tract; thence west 100 feet and the southeasterly corner of the said tract; thence northerly along the boundary of other lands thence westerly one hundred forty-five (145) feet to a stone boundary corner of the said tract; thence southeasterly one hundred twenty (120) feet to the southeasterly corner of the said tract; thence easterly one hundred twenty (120) feet to junction T with John J. and Ida McGlone; thence turning a right angle and extending northerly one hundred eighty (180) feet to junction T with other lands; thence turning a right angle and extending easterly forty-five (45) feet to the southeasterly corner of the said tract; thence northerly along the boundary to the westerly line of said Ningne Avenue, said boundary being on theseたくさん sides by dim side Molione Ningne Avenue, said boundary turning a right angle and extending northerly along the boundary of other lands one hundred ninety-nine (99) feet to the point and place of beginning of said tract; said parcel is bounded northerly along the land of the grantor; easterly by other lands; southerly by other lands; and westerly, southerly by land of John J. and Ida McGlone and land of Stanton Glover, et al, and easterly by said Molione and land of Stanley Glover, et al. Meaning and intending to convey lot #249 as shown and delineated on that certain plan or plat entitled, "Plat of Quonochonticut Central Beach as extended" dated February 14th, 1936, charted by Wm. H. Moore, C.E., and signed by Wm. H. Moore, C.E. scale 1 inch equals 80 feet, July 14, 1936, Ross & Lewis, Engrs. Said grantees, their heirs and assigns shall have the right and way to pass and repass to and from and access to the beach and ocean, on foot or otherwise, over and across those certain rights of way or roads as shown on the above mentioned plat and also that certain plat or plan filed with the Quonochonticut Central Beach Association dated October 19th, 1929 referred to in the deed dated November 10, 1929, "leading to the beach and also the right of way leading from the beach to the road" and any other roads or ways that be designated for public use; the said grant, with the said grantees, their heirs and assigns, their co-signors and assigns, and the said grantees, for themselves, their heirs and assigns, the said grantees, their heirs and assigns, and the said grantees, their heirs and assigns, and their successors and assigns, will pay to the Quonochonticut Central Beach Fire District, its successors and assigns, on or before the first day of August in each year hereafter the sum of ten dollars for each lot belonging to them, said sum to be paid and supplied by said Quonochonticut Central Beach Fire District, its successors and assigns, in and by its underwriter's insurance policies on the improvements of the district and the improvements on their portion that be designated for public use; the said sum agreed to be paid by the grantees, their heirs and assigns, their co-signors and assigns, and their successors and assigns in case of failure are paid hereby made in a sum equal to the amount which shall become due, and in case of failure to make any payment within one year after the same shall become due, it shall be lawful for the said Quonochonticut Central Beach Fire District, its successors and assigns, to sell and assign, to sell and convey the said premises, or the premises of the purchaser or purchasers at ease week for three successive weeks in some newspaper published in said County of Washington, and in case of failure of sale this conveyance is made and accepted subject to the following conditions and restrictions: 1. In the 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 have first option days notice in writing of the bona fide offer to purchase the said lot with the buildings and improvements thereon at the highest bona fide price given in good faith and actually offered to the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, and no other dwelling house shall be erected on the premises in accordance with the building line as shown on said plat and any building or structure or streets or ceases east from nearer than said building line or any other building or structure shall be erected on the premises within the limits of the lot nor than five feet therefrom; no detached garage or other outbuilding or building or structure of any nature or kind what soever shall be erected on the premises, cost not completed less than one thousand dollars, all toilets, baths, kitchen or other drains or sewage outlets shall be piped to a septic tank and soak away system to be constructed and maintained on the premises by the 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 not asphalt (except the dwelling house) that shall in any way obstruct the view from any part of the adjoining property or any dwelling house in this colony; shrubs, flowers and vegetable gardens are permitted. 4. No poultry, swine, cattle, noisy or vicious 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 Quonochonticut Central Beach Fire District, its successors and assigns, reserve the right to enter upon the body of the said premises and improvements premises to lay pipe pipe outlets or signs, or to repair the same, always leaving the premises in as good condition as when entered. 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 on their part to be kept true performed shall afford to the said grantors a just and hereby conveyed, it is further performed shall afford to the said grantors a just and hereby conveyed, it is further agreed and made a part of the consideration of this sale and purchase that in any case of any violation of the above conditions or covenants on the part of said grantees, their heirs and assigns or any person or persons to whom said premises shall revert to said Howard E. Thorp and or Nelson H. Thorp, their heirs and assigns, and be or they may be conveyed to or vested in themselves of the estate here- by granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. We, MARY E. THORP and MERLE N. THORP, wives respectively of the grantors, release to said grantees, all our right of dower and all other interest in the aforementioned premises. WITNESS our hands this 4th day of May 1955. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMP, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 4th day of May 1955, before me personally appeared Howard E. Thorp, Nelson H. Thorp, Mary E. Thorp and Merle N. Thorp, 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. ERANBY (Notarial Seal) Notary Public Received for record May 11th, A. D. 1955 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, That We, WALTER K. SHUTE and SUSAN M. SHUTE, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, here- inafter called the mortgagors, for consideration paid, grant to THE WASHINGTON TRUST COMPANY, a corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the mortgagee, with MORTGAGE COVENANTS, to secure the payment of SIX THOUSAND and 00/100 ($6000.00) Dollars from the date hereof, with interest thereon at the rates specified in a certain negotiable promissory note of the mortgagors, of even date hereby payable in advance until said principal sum is paid in full, as provided in said note, the following described land, together with all buildings and other improvements now or hereafter erected thereon, all the hereditaments, appurtenances and rights thereunto belonging or in any wise now or hereafter appertaining, and together with and including as part of the realty, all heating and air-conditioning apparatus, plumbing, stoves, storm doorsand windows, gas, oil and electric fixtures, screens, screen doors, awnings and other fixtures or whatever kind on said premises or hereafter placed thereon prior to the full payment and discharge of this mortgage, situated in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows: