2/26/1880 · MORTGAGE · book 10 page 520 doc 4650

520 To all people to whom these presents shall come—I Vernon Cummins of Charlestown County of Washington in the state of Rhode Island [illegible] of several Tenancies—Do hereby declare that I the said Vernon Cummins for me and my executors or administrators of this sum of six hundred and thirty dollars in hand paid by the overseeing hereof sell and convey truly paid by Josiah B. Congdon of Charlestown aforesaid the premises subject unknown if I do hereby absolutely and unrestrictedly full disturbed contented and paid of these and of every part and parcel thereof do separate, acquit and discharge the said Josiah B. Congdon his heirs executors and administrators forever by these presents; here granted, given, granted bargained sold alienated conveyed confirmed and confirmed; and lay them premises to be fully, shortly and absolutely given granted bargain sold sell, convey convey and confirm unto the said Josiah B. Congdon his heirs and assigns forever. It contains tract of land situated in said Charlestown contained by estimation seventy five acres more or less with two dwelling houses, two barns and other buildings thereon standing. Bounded as follows beginning at the East corner at the highway, it a state and thence running southeasterly to bounding North Eastly partly on land of Hazard Penfield and partly on a highway to land of Andrew & Gpts, thence southeasterly and East partly bounding on said Gpts land to land of Hunter B. Mitchell; thence Easterly bounding on Michaels land to land of Allant the aforesaid, thence Easterly and southeasterly bounding on said Bricelande land to the highway, thence on said highway to the place of beginning, or premises otherwise bounded. To have and to hold the said granted and bargained premises, with all the appurtenances premises privileges and commodities to the same belonging, or in anywise appertaining to the said granter his heirs and assigns forever to his and their only purpose uses, benefit and honor forever of the said granter to myself, my heirs, executors and administrators to servant premises, and years to and with the said Granter his heirs and assigns, that it and to before the overseeing hereof of the same his heirs sole and lawful owner of the above bargained premises are and lawfully seized and possessed of the same in every sense proper right as good perfect and absolute estate of inheritance in fee simple, and as in every good and right, full power and lawful authority to grant, bargain, sell, convey and confirm the said bargained premises in manner aforesaid. And that the said granter 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 quietly have, hold, use, enjoy, possess and buy the said demised and bargained premises with the appurtenances free and clear and fully and steadily acquitted exonerated and discharged of and from all and any manner former or other gifts, grants, bargains, sales leases, mortgages, wills, entails other divers judgments expenses and encumbrances of what name or nature soever that might in any measure or degree obstruct or make void this present. I bought a certain mortgage on his premises dated Feb 21 1808 for $600. to said Bric B. Congdon. Furthermore I the said Vernon Cummins for me

and my heirs, executors and administrators do covenant and engage the above described premises to the said Brioch Le Mongeur his heirs and assigns against the lawful claims or demands of any person or persons whatever seized, sensor, servant, seise and defend by these presents except the mortgages above referred to. Also I Stella B Combe wife of said Vincent Combe in consideration of the sum paid as aforesaid of twenty dollars received and forever quit claim unto the said granter his heirs and assigns all my right of Tenure in and to the aforesaid premises. The indenture of this deed is such that whereas I the said Vincent Combe have executed several negotiable promissory notes for the sum of September hundred and thirty dollars leaving over state notes with sale payable to the said Benoit Le Mongeur or order one year after date with interest at the rate of seven per cent per annum the intent of the parties being conveniently Now therefore I the said Grantor or my heirs, executors, administrators or trustees or assigns or any other person for my sole or for therefore shall pay said notes at maturity together with the interest thereon accruing as to the tenor thereof if this deed shall be void otherwise she has and remains in full force and effect Furthermore I the said Grantor do hereby constitute and appoint the said Grantor his executors administrators and assigns my attorney irrevocably with full powers of Substitutions and re-conveyance for me and in my presence or in their names or manners at any time in case failure in the payment of my said note or any of the sums interest accrued thereon or breach shall be made of the covenants of insurance hereinafter contained and such default or breach shall continue for the term of ten days subject at public auction the premises aforesaid any part thereof they first giving after the expiration of said term of ten days timely due notice of such sale in some one of the public newspapers printed in the county of Westmoreland and in my name or in their names or names to make execute seal acknowledge and deliver to the purchasers or purchase or through any deed or trust that they may be necessary to run such purchase or purchasers a full and absolute title in fee simple thereon and on sale thereof (binding granting unto my 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 sold for and after the payment of all expenses incident to such sale or sales to apply and satisfy the residue thereof to the payment of the amount principal and interest of said notes deemed and principal agreeing that in case of a sale for default in this payment or said summed 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 or my heirs and assigns

522 for all sums over and above the amount thereof, I hereby satisfying, approving and confirming such Sale or Sales as may be made or caused to be made by my- picture honest. Furthermore, I the said 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 loss by fire shall be kept and maintained upon the buildings on the premises aforesaid, in a sum not less than four hundred dollars and that any policy or policies of such insurance shall be assigned and transferred to the said grantee his heirs and assigns as collateral security first, and in default thereof do hereby agree that said grantee his heirs or assignees may effect such insurance until the premises or premises aforesaid thereon shall be a further lien upon the said estate added to the amount of said note and secured by these premises. In Testimony whereof we have hereunto set our hands and seals this twenty sixth day of February in the year of our Lord one thousand eight hundred and eighty. Executed Sealed and delivered In presence of Charles Cross Annie E Hingare Varmun Ennis L.S. Phebe E. Ennis L.S. State of Rhode Island or County of [illegible] ss. I Charles Cross this 26th day of February, 1880- Varmun Ennis and Phebe E. Ennis his wife personally appeared before me and acknowledged the foregoing instrument be them signed to be their free and voluntary act and deed. Charles Cross Justice of the Peace Received for Record Feb 26th 1880 at 12 oclock AM and Received by Charles Cross Town Clerk Having received full payment and satisfaction I hereby cancel and discharge this mortgage deed. Witness my hand and seal this twentieth day of November 1884 In presence of Varmun Ennis Beniah La Kenyon L.S.