The instrument's own words
page 1
To all People to whom these Presents shall Come.
We Theodore M. Clarke & Amy A. Clarke his wife in the right of Anne Mary of
Charlestown in the county of Washington State of Rhode Island
Send Greeting. Know All Men That we the said Theodore M. & Amy A.
[illegible] for and in consideration of the sum of
two hundred and forty four dollars (244 $) in hand and in consideration of the sum of
Elijah Humphrey [illegible] the county and state aforesaid
the receipt whereof we do hereby acknowledge and know hereby acknowledge and know thereby fully satisfied contested and paid; and of thereof and of every part and parcel
thereof do execute acquit and discharge the said Elijah Humphrey his
heirs, executors and administrators forever by these presents; have granted bargained sold assigned conveyed and confirmed; and
by these presents do forever fully and absolutely give grant bargain sell assign convey confirm and confirm the said
Elijah Humphrey his
heirs and assign forever
a certain lot or piece of land with a dwelling house and other improvements
thereon located in the town of Charlestown R.I. measuring by estimation
equal area more or less as is further described in the [illegible] of the Town of Providence
by G. B. [illegible] Collector and Register of deeds of the county of Kent Oregon
and district and Ministry of the [illegible] by whom the same real
be recorded or referred to the founded Thing be done lot of land was
held by deed from Joseph [illegible] Date 20th day of January AD 1804
and recorded in the records of Real Estate that the house of
Charlestown Book 10 page 118 reference being here by
to deed also and may refer to a more particular description and
to the and make a part of this instrument
For transfer of this Mortgage dear Book 2017 page 189
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 way appertaining to the said [illegible] for their own proper benefit and behalf forever. And we the said
[illegible] [illegible] for our heirs executors and administrators
do covenant grant and promise to wit and shall at all times and for the ensuing eternity be the true sole and lawful owner the proper right and good perfect and absolute estate of inheritance
premises and down clear lawfully and possessed the owner of the same own proper right and good perfect and absolute estate of inheritance
in fee simple and free; and have the good right full power and liberty lawfully forever for force and virtue of these presents lawfully perfectly and
premises in manor and appurtenances. And all and singular the said denied and bargained premises with the appurtenances free and clear and freely and
quite lawfully have enjoyed and occupy possess and enjoy the said denied and bargained premises with the appurtenances free and clear and freely and
quietly have held enjoyed and discharged and of all, all and all manner of suits or forms of action or claims whatever might in any nature or some degree obstruct
some invalidate jeopardize encumber execute executions and encumbrances of whatever it may nature or some nature or some degree obstruct
or make void this present deed.
Furthermore we the said [illegible]
[illegible] [illegible] for and in any
premises to the said Elijah Humphrey his heirs executors and conveyances do grant and convey the said
[illegible] his heirs and assigns
[illegible] any person or persons whatever forever to warrant and sevise and hold by these
The consideration of this deed is mortgage premises partly for the sum of two hundred and
forty four dollars payment some date herewith and made payable
to the said Elijah Humphrey or order one year after date with interest
from date at 7 per cent per annum. And it is further agreed and
understood that this instrument shall serve as and all presents of
the aforesaid premises Mortgage if the said Theodore M.
Clarke or my heirs executors administrators or assignees in possession
for me with the interest thereof according to the terms of this deed
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496
Shall be void, otherwise shall be null and void and remain if full force and effect
Furthermore, we the said Theodore H. Clark & Mary A. Clark do hereby
constitute and appoint the said Obadiah Truison his executors administrators
and assigns our attorneys irrevocable, with full power of substitution let
and revocation for us and in our names or in whose names or names of
any persons in case default shall be made in the payment of principal of said note
or renewals, or the annual interest due thereon, or breach shall be made of
any of the covenants of insurance heretofore contained, and such default in payment
shall continue for the term of ten days, to sell at public auction between the pre-
ses mentioned or any part thereof, first giving notice of the appointment of such
term of ten days' journey, thereby giving notice of such sale in some one of
the villages incorporated into the County of Providence and in one of
the villages incorporated into the County of Washington and in our
or in their names or names to make, execute, sell, acknowledge and
deliver to the purchaser or purchasers thereof any deed or claud that may be
necessary to sell and convey the purchase or purchasers a full and absolute title
in fee simple to the same and upon such terms granting unto any such purchaser
full power to continue or acquire such full title for some time The said attorney
full power to continue or acquire such full title for some time The do also
grant the attorney to receive any assessment the same may do for the said
note and after the payment of all the expenses incurred to such sale or sales
to apply and appropriate the residue thereof to the payment of the amount of
principal and interest of said note provided hereby secured Without he hereby agree
that in case of a sale for default in the payment of the principal of said annual interest
or breach of any covenants of insurance, the principal of said note shall be
deemed due and payable on the day of such sale exclusively to our or any
heirs assigns for all sums owed or over and above the amount thereof, with
any costs attending and confirming such sale or sales as may be
made or caused to be made by such attorney Furthermore we the said
grantors for ourselves and for our heirs executors administrators and assigns
do hereby covenant with the said promisee for himself and heirs assigns and executors
against any loss by fire shall be right and maintained upon the buildings on the
premises aforesaid in a sum not less than twenty hundred dollars provided that the
policy or policies of insurance shall be assigned and transferred to the said
grantee and assigns as collateral security hence upon the fault thereof, and we hereby
agree that the said breach or failure to assign any such insurance, and the
premium or premiums for thereof shall be sufficient to lift upon the said note added
to the amount of said note and secured by this present
In testimony whereof we have hereunto set our hands and seals the 20th day
of December in the year of our Lord one thousand eight hundred and
seventy five (1875)
Theodore H. Clark L.S.
Signed Sealed and delivered
in presence of
R. P. Clark
State of Rhode Island ss
County of Providence ss
I Sheldon W. P. Clark notary publicly appeared before him and acknowledged that the
foregoing instrument had been signed by the said free and voluntary act and deed and a
some time and place first personally appeared Mary A. Clark wife of said Theodore
one of the subscribers to the foregoing instrument and being examined separately as to
her age her paid husband and consenting being asked instruments of them and referred to the
said instrument and stating that she signed the same as her seal to the same while
the said act was signed to purchase
Notary Public
Sworn for Stand Dec 24th 1875 by R. P. Clark both and married
Clerk of Courts Brown Clark