The instrument's own words
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472 of all the powers to govern these Presents shall come I Elizabeth
McColman of Charlestown County of Washington in the State
of Rhode Island - Send Greeting. Know ye that I
the said Elizabeth McColman for and in consideration of the
sum of two hundred and fifty dollars in hand before
the undersigned well and truly paid by Charles Colter
said Charlestown the present here of I do hereby acknowledge
lose, and am with the fulls satisfied, contented and paid
of them, and of every part and parcel thereof discharge the said Charles Colter his heirs
executors and administrators forever by these presents have
given, granted, bargained and sold aliened, enfeoffed, granted
and confirmed, and by these presents do hereby fully
and absolutely give, grant, bargain, sell alien, enfeoff, grant
convey and confirm unto the said Charles Colter his
heirs and assigns forever a certain tract of land situated
in said Charlestown containing by estimation eight acres
more or less with a dwelling house thereing standing bounded
Northly by the lands of Wonderly and Dimmington North Road
Easterly by lands of John Thicker & others Southerly and
Westerly by land of said Tucker or however thereas bounded
I have and also hold the said granted and bargained
premises with all the appurtenances privileges and
commodities to the same belonging, or in any here appertaining
to the said Grantee his heirs and assigns forever to his
and their only proper use benefit and behalf of forever. And
I the said grantor for myself my heirs, executors and adminis
trators do grant, remise, promise and grant to and with the said
grantee his heirs and assigns this day and of before the ensuing
day of the one sole and lawful owner of the above
bargained premises, and am lawfully seized and possessed
of the same in my own proper right as good perfect and
absolute estate of inheritance, in fee simple and have in
most good right full power and lawful authority
to grant, bargain, sell convey and confirm the above bargained
premises in manner as aforesaid, And that the said
grantee his heirs and assigns, shall and may from time
to time, and at all times forever hereafter by force and
virtue of these presents, lawfully, peaceably and quiet
have, hold, use, occupy, possess bind enjoy the said
demised and bargained premises with the appurtenances
free and clear, and freely and clearly, acquitted, exonerated
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and discharged of and from all and all manner of former or other
gifts, grants, bargains, sales, leases, mortgages, wills, entails, pictures
doweries, judgments, executions and encumbrances of what name
or nature whatsoever that might in any measure or degree affect
or make void this present deed.
Furthermore, I the said Elisha J. Kellman for myself
my heirs, executors and administrators, do covenant and engage
the above described premises to the said Rhode Kellman his
heirs and assigns against the lawful claims or demands of
any person or persons whatsoever, forever to warrant, secure
and defend by these presents.
For Consideration of this deed is such, that whereas I
the said Elisha J. Kellman, have executed my negotiable
promissory note for the sum of two hundred & five dollars
becoming due date herein written and made payable to the said
Rhode Kellman or order five years after date with interest
at six per cent per annum semiannually. Now Therefore
I the said grantor and my heirs, executors, administrators
or assigns & any their heirs, for me or for them, shall pay
said sum maturity together with the interest thereon according
to the tenor thereof then this deed shall be void and of force, otherwise
shall be binding, serving in full force and effect.
Furthermore, I the said grantor do hereby constitute and
appoint the said grantee his executing, administrators and etc
assign my Attorneys irrevocable, with full powers of substitution
and revocation for me and in my name or in their name or names
at any time, in case default shall be made in the payment
of my said sum or of the semiannual interest due thereon or
breach shall be made of the covenants of maintenance hereinafter
covenanted 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 their being first given after the expiration of said
term of ten days, twenty days written notice of such sale in one of
the publick newspapers printed in this State and in my name
or in their name or names, to make execute, seal acknowledge
and deliver to the purchaser a purchasers thereof, any deed or
lease that may be necessary to vest in such purchaser a purchase
a full and absolute estate in fee simple therein, and on sale
thereof, hereby granting my said Attorneys power to
continue or adjourn such sale from time to time) I do
authorize the said Attorneys to receive the amount the same
may be sold for and after the payment of all expenses
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474 incident to gross sue & seize to apply & appropriate the
residue thereof to the payment of the amount of the prima facie per
and interest of said note thereby recovered. I hereby agreeing
that in case of a sale for default in the payment of said
semiannual interest or for 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 a my
heirs and assigns first all sums over and above the amount
thereof I hereby ratifying approving and confirming such
sale or sales as may be made or cause to be made by my trustee
herein. FURTHERMORE I the grantor
for myself and for my heirs executors administrators and
assigns do hereby covenant with the said grantee his heirs
and assigns that insurance against fire shall be
kept and maintained upon the buildings on the premises
aforesaid in a sum not less than five hundred Weights dollars
and that the policy or policies of such insurance shall be
assigned and delivered to the said grantee and assigns
as collateral security herefor and in default thereof do
hereby agree that the said grantee his heirs or assigns may
effect such insurance and the premium or premiums paid
thereon shall be a further lien upon the said estate above
to the amount of said note and secured by these presents.
In testimony Whereof I have hereunto set my hand and
seal this first day of May in the year of our Lord one
thousand eight hundred and seventy nine
Signed Sealed and delivered
per se [illegible]
Copie E. Kenyon Elisha H. Holloran A.S.
Charles Gonds
State of Rhode Island, ss
In Charlestown this 1st day of May, 1879
Elisha H. Holloran personally appeared before me and acknowledged the foregoing instrument by him signed to be his free and
voluntary act and deed
Charles Gonds
Justice of the Peace
Received for record May 1st 1879 at 2 oclock
P.M. and recorded by Charles Gonds Associate Clerk
The page as recorded
