The instrument's own words
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219
said County on this 8th day of March AD 1876, Henry Whipple
personally appeared before me & acknowledged the foregoing
instrument by him signed in his capacity as sheriff to be his
free & voluntary act & deed.
Saml H. Comly Town Clerk
Received for record March 8th 1876 at 6 oclock P.M.
and recorded by Chas Smith Town Clerk
To All People to whom these Presents shall run
I Charles Nichols of Charlestown County of Washington
in the State of Rhode Island do send Greeting
Know all men that I the said Charles Nichols have sold for and
in consideration of the sum of three hundred dollars in
hand before the ensuing hereof well and truly paid by
Legholes Nordlen of Charlestown appearing the receipt
whereof I do hereby acknowledge and paid and am therewith fully
satisfied contented and paid and therefore of and every part
and parcel thereof do forever quit and discharge the said
Legholes Nordlen for his Heirs Executors and Administrators
forever by these presents have given granted bargained sold
aliened enfeoffed conveyed and confirmed and by these
presents do fully purely and absolutely give grant bargain
sell alien enfeoff convey and confirm unto the said
Legholes Nordlen his Heirs and Assigns forever
A certain lot of land situated in said Charlestown
containing one acre and is bounded and described as
follows Beginning at the Southeast corner of this lot
at a stub in the ground Thence Northerly by the beach to
bound of the heirs of Benjamin B Burdick thence Northerly
boundied westerly on said heirs land to as far as will make
one acre thence Easterly and Southerly on land now or
formerly owned by the heirs of Joseph Havitt deceased
to the first mentioned point being the same lot conveyed
by Hannah Havitt and others to Benj B Burdick by
deed dated June 15th 1783 and recorded in Book No 10 named
Evidence in said Charlestown pages 89 & 90.
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
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220 as appertaining to the said grantee his Heirs and Assigns, forever
to his and theirs only proper use, benefit and behoof, forever.
And I the said Grantor for myself my Heirs, Executors,
and Administrators do covenant, promise and grant to and
with the said grantee his Heirs and Assigns, that at and before
the making hereof, I was the true and lawful owner of the
above bargained Premises and lawfully seized and
possessed of the same in my own proper right against all good, perfect
and a absolute estate of inheritance, in fee simple, and have
in my said good rights, full power and lawful authority to
grant, bargain sell, convey and confirm the said bargained
Premises, in manner as aforesaid, And that the said grantee
his Heirs and assigns shall have and may from time to time and
at all times for ever, lawfully, by these present writes, quietly, housely
lawfully, peaceably, quietly, have, hold, possess, enjoy, house
and aired enjoy, the said demised and bargained premises
with the appurtenances free and clear clear and free quietly and
clear quietly, acquitted and discharged of gift, from all
and all manner of charges or other gifts, grants, bargains, sales,
leases, mortgages, wills, entails, jointures, doweries judgments,
executions and encumbrances of what nature or nature status
that might in any measure degree, obstacle or make void this
present deed. The said The said Grantor
I. H. Nichols for myself my Heirs Executors and Administrators
do covenant and engage the above demised premises to the
said Ezra Lehose his Heirs and Assigns against the
lawful claims or demands of any person or persons whatever
whose solely, guarantee warrant secure defend by these Presents
Attest of Harriet C Nichols wife of Ezra Lehose the
Nichols in continuation of the above said as aforesaid, do
hereby release and free and quit claiming unto the said grantee
his heirs and assigns, all right of Device in and to the
aforementioned premises.
The Consideration of this deed is such that whereas
I the said Ezra Lehose the Nichols have executed my negotiate
a promissory note for the sum of Three hundred dollars
being from note diversely and made payable to the said
Charles Holden or order Three years after date with interest
at the rate of eight (8) per cent per annum, said interest to be paid
semi annually from and after the fifteenth day of September 1846
Noted & The r. S. If I the said Grantor or my
Heirs Executors, Administrators or Assigns, or any other
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person, for one or for them, shall pay said note at maturity,
together with the interest thereon according to the tenor thereof,
then this Deed shall be void, otherwise shall be and
remaining in my full force and effect.
Furthermore the said grantor do hereby constitute
and appoint the said grantee his Executors, administrators
and Assigns, my Attorney irrevocable, with full power of
to settle and novation for me and in my name or in
their name or names, at any time, in case default should
be made in the payment of any said note, of the semi
annual interest due thereon, or breach be made of
the covenants of insurance hereinbefore contained, and
such default or breach shall continue for the term of
ten days, to sell at public Auction the premises aforesaid,
or any part thereof, they first giving, after the expiration
of said term of ten days, timely notice of such sale,
in some one of the publics newspapers printed in the State
of Rhode Island and in my name or in their name
or names, to make execute, sell, acknowledge and deliver
to the purchaser or purchasers thereof, any Deed or Deeds
that may be necessary to vest in such purchase or
purchasers a full and absolute estate in fee simple therein,
and on sole their their thereby granting to any said Attorney
power to continue or adjourn such sale from time to time
I do authorize the said Attorney to receive the amount the
same namely the sold for and after the payment of all the
expenses incident to such sale or sales, to supply and appro-
priate the residue thereof to the payment of the amount of
principal and interest of said note hereby secured, (I
hereby agreeing that in case of a sale for default in the
payment of said semi-annual Interest, or for the breach of said
covenants of Insurance, the principal of my said note shall
be deemed due and payable on the day of such sale,)
accounting to me or my heirs and Assigns, for all sums
over and above the amount thereof whereby satisfying
approving and confirming such sale or sales as may be
made or requested to be made by virtue hereof,
Furthermore the said grantor for myself and
for my heirs, executors, administrators and assigns, do hereby
covenant with the said grantee his heirs or assigns That
Insurance against loss by fire shall be kept and main-
tained upon the Buildings on the premises aforesaid
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292 in a sum not less than Three hundred dollars, and that
the Policy or Policies of such Insurance shall be assigned and
Transferred to the said grantee his heirs and assigns, as
collateral security hereto, and in default thereof do hereby
agree that the said grantee his heirs or assigns may effect
such Insurance, and the premium or premiums aforesaid
thereon shall be a further lien upon the said Estate
added to the amount of said price and secured by these
presents. In Testimony whereof we have hereunto
set our hands and seals this first day of April in the year
of our Lord one thousand eight hundred and seventy six.
Signed sealed and delivered
by me presence of D. H. Nichols Esq.
Charles Cross Harriet C Nichols Esq.
State of Rhode Island &c
In Charlestown this first day of April 1876
Ephraim H Nichols has personally appeared before me and
acknowledged the foregoing instrument to be his own signed,
to be his free and voluntary act and deed.
Charles Cross
Justice of the Peace
Received for recording April 1st 1876 at 2 oclock P.M.
and recorded by Chas. Cross Town Clerk
On this 21st day of September 1876, I assign of
Ephraim H Nichols the full amount of the above mortgage
both the principal and interest and I hereby discharge the same
in full-- Witness my hand and seal
in presence of [signature]
Ephraim Cross
The page as recorded
