10/2/1878 · MORTGAGE · book 10 page 419 doc 4583

Know all men by these presents that I, Albert Potter of Charlestown County of Washington town in the state of Rhode Island for and in consideration of two hundred dollars to me paid by Charles R. Bitgood of Johnston in the county of Providence I do hereby acknowledge to be heavily granted, bargained, sold and convey unto the said Charles R. Bitgood his heirs and assigns forever a certain tract of land situated in said Charlestown with a dwelling house and other buildings thereon containing thirty acres more or less bounded as follows beginning at the highway at the Southeast corner of said tract thence North 26 1/2 W 24 chains and there to be a heap of stones thence N 78 W 17 chains to a heap of stones the East side of the said parce thence N about 1/2 chain to a black oak tree marked by the highway thence Easterly by the highway about 10 chains to heap of stones thence S 87 E 8 1/2 chains to a nail at the end of a wall thence S 15 1/2 E 14 chains and 15 links to the highway thence Southerly by the highway to the place of beginning or however otherwise bounded or described To have and to hold the same with all the rights, privileges and appurtenances thereto appertaining unto the and to the of the said Charles R. Bitgood his heirs and assigns forever I grant I the aforementioned Albert Potter for myself and for my heirs executors and administrators do covenant with the said Charles R. Bitgood his heirs and assigns that of all warrant and defend the aforesaid premises to the said Charles R. Bitgood his heirs and assigns forever against the rightful claims and demands of all persons claiming by through or under me. The condition of this said indent is such that whereas I the said Albert Potter have executed a negotiable promissory note for the sum of ten hundred dollars lawfully received state documented and made payable to the said Charles R. Bitgood or order two years after the date with interest at five per cent per annum yearly None therefore if the said grantor or any other person for me shall pay said note at maturity together with the interest thereof according to the terms thereof through this deed shall be void otherwise shall remain in full force and effect Furthermore I the said grantor do hereby constitute and appoint the said grantee his executors administrators and assigns my attorneys irrevocable with full power of substitution and revocation for me and in my name or in their name or names at one time or several times be made in the payment of said note or of the interest there thereon and such deed of sale shall continue for the term of ten days to be sold at public auction the premises aforesaid or any part thereof that they find giving twenty day notice of such sale in one of the public newspapers throughout this state and in my name or in their name or names to make or deliver to the purchaser or purchasers thereof any

420 deeds or deeds may be necessary to vest in such purchaser or purchasers an estate in fee simple thereon and on sale thereof (namely granting unto my said attorneys power to continue or adjourn such sale from time to time) I will authorize my said attorneys to receive the amount the same may be sold for and after this payment of all the expenses incurred in such sale or sales to apply and appropriate the residue thereof to this payment of the amount of principal and interest of said note hereby secured (I hereby agreeing that in case of a sale for less within the payment of said note interest the principal of said note shall be deemed due and payable on the day of such sale) returning to me or my heirs & assigns for all sums over and above the amount thereof I hereby ratifying and confirming such sale or sales as may be made by said attorneys to be made by myself hereby On Testimony whereof I hereunto set my hand and seal this 2d day of October A.D. 1878 Signed sealed and delivered in presence of [The words "at 5 hour and" interlined before signing] Charles Cross Herbert L. Howard D. Aldrick Potter L.S. State of Rhode Island to Washington Co. — In Charles town this 2d day of October A.D. 1878 D. Aldrick Potter personally appeared and acknowledged the foregoing instrument by him signed to be his free and voluntary act and deed Before me Charles Cross Justice of the Peace Entered for record Oct 2 1878 5-8 o'clock A.M. and recorded by Charles Cross Clerk