9/17/1873 · MORTGAGE · book 9 page 467 doc 4291

To all People to whom these Presents shall Come, I Benjamin B Bindick of Hopkinton in the County of Washington & state of Rhode Island Send Greeting. Know Ye, That I the said Benjamin B Bindick, [illegible] for and in consideration of the sum of Three hundred dollars in hand before the executing hereof well and truly paid by Charles Modestier of Charlestown in said County, and state the receipt whereof I do hereby acknowledge and say partly satisfied contented and paid, and of thereof of every part and parcel thereof do renounce acquit discharge and the said Charles Modestier his heirs executors and administrators forever by these present; have given granted bargained sold aliened conveyed confirmed and by these presents do freely fully and absolutely give grant bargain sell aliened convey confirm and utmost the said Charles Modestier his heirs and assign forever a certain lot of land situated in Charlestown aforesaid known as Modestier Meadow containing two hundred containing two and one half acres be the same more or less bounded on the North by land of the heirs of Ezekiel Gavit, or the East by land of John & Danieles, and in the South by said Successors land and on the West by land of Bound Perry & shut Stanford Sayer, or however otherwise bounded To have and to hold the said granted and bargained premises with all the appurtenances privileges and commodities to the same belonging or in any wise appertaining to the said Charles Modestier his heirs and assigns forever to him and their only proper use benefits and behalf forever. And I Grantor do covenant promise and grant to and with the said Charles Modestier his heirs executors and administrators heirs and assigns that at or before the ensuing harvest I am the true sole and lawful owner of the above administrators premises and am lawfully seized and possessed of the same in my own proper right as a good perfect and absolute estate of inheritance in fee simple and have a lawfully seized good right full power and lawful liberty to grant bargain sell convey and confirm the said granted premises in manner as aforesaid And that I the said Grantor and my heirs forever forever to his virtue and these presents hereby presently and quietly hold occupy used possessions enjoy and enjoy the said demanded and bargained premises with all the appurtenances free and clear and freely quietly occupied demolished and exonerated of any and all manner of other or other grants bargain sales mortgages grants all alienations conveyances grants executions and conveyances of what name or nature other servant that may in any measure or degree abstract or make void this present deed. Furthermore I the said Grantor for myself my heirs executors and administrators do covenant and engage the above demanded premises to the said Charles Modestier his heirs and assigns against the lawful claims or demand of any person or persons whatsoever forever to warrant secure and defend by these presents Said B Bindick Mr. Bindick in consideration of the sum aforesaid as promised do hereby release and forever quitclaim unto the said Charles Modestier his heirs and assigns all my right of ownership to and of the aforesaid premises The condition of this deed is such that if the said Benjamin B Bindick his heirs executors administrators or assigns or any other person for him shall pay to said Charles Modestier his heirs executors administrators or assigns a certain promissory note given by me the said Bindick for

468 the aforesaid sum of three hundred dollars, bearing current date with these presents; and made payable to said Holdren or order with interest payable semiannually, at the rate of 8 per cent per annum that as it shall be paid otherwise to remain with full force Furthermore I the said Burdick, do hereby constitute and appoint the said Holdren his executors administrators and assigns my attorney irrevocable with full power of substitute and re-substitute and re-invested for me and in my name or in his other than names or names at any time in due course dependent to be made in the payment of said note or of the interest due thereon and according to this tenor and form and such default shall continue in the law of the land says to sell at public auction the premises aforesaid or any part thereof I say that giving at the expiration of the said law thirty days notice of such sale in some one of the substitute newspapers printed in this state and in my name or in his or their names to make writes execute and deliver to the purchaser or purchasers any deed or clause that may be necessary to convey and secure such purchaser or purchasers a good and valid title to the said lands hereby granting to my attorney power to continue or adjourn such date some time or times I authorize my attorney to raise amount the damage the same to be sold for and after the payment of all the expenses incident to such sale or sales to apply and apply off the residue to the reduction thereof of the payment of the principal and interest of said note hereby directed I hereby agreeing that in case of a sale for the default of the debtor payment of the interest of said note the principal of said note shall be deemed due and payable on the day of such sale accordingly to me or my heirs assign for all dues owed and above thereon whatsoever I hereby indemnifying protecting and confirming such date or sales as may be made or caused to be made by the written hand I further make I the said Burdick for myself and for my heirs executors and administrators and assigns my hereby covenant with the said Holdren his heirs and assigns that in default thereof do hereby agree that the said Holdren his heirs and assigns that the buildings poles and fences of such insurance shall be assigned and transferred to the said Holdren his heirs and assigns as collateral security hereto and in default thereof do hereby agree that the said Holdren his heirs or assigns may enter off such premises evict and from premises said premises shall be a further lien upon the said estate added to the amount of said note and secured by these presents. In witness whereof we have hereunto set our hands and seals this 15th day of September AD 1873. Benjamin J. Burdick L.S. In presence of Frank J. Cross Millard H. Cross State of Rhode Island ss. Before Charles Cross this 15th day of September 1873 Benjamin J. Burdick personally appeared before me and acknowledged that the foregoing instrument by him signed to be his free and voluntary act & deed Received for Record Sept 15th 1873 Charles Cross Town Clerk at 10 o'clock A.M. and Recorded by Obed. Cross Clerk