12/24/1955 · MORTGAGE · book 35 page 217 doc 4806@35/217

217 TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, WE, LEMUEL HASTINGS ARNOLD of 4448 Morse Avenue, North Hollywood, California, and CHRISTOPHER JOHN ARNOLD of 59 Stuyvesant Oval, New York, N. Y., SEND GREETINGS: KNOW YE that we, said LEMUEL HASTINGS ARNOLD and CHRISTOPHER JOHN ARNOLD (hereinafter called the "Grantors") for and in consideration of the sum of Ten Dollars ($10.00) in hand before the ensuing release well and truly paid by DOROTHY V. LEE of 3542 Newmarket Street, Washington, 10, D. C., and other good and valuable consideration, the receipt whereof we hereby acknowledge, have given, granted, bargained and sold and by these presents do give, grant, bargain, sell and convey unto the said DOROTHY V. LEE (hereinafter called the "Grantee") her heirs and assigns forever a certain tract of land with dwellings, furniture, household equipment and with improvements thereon, situated in said Charlestown, containing one acre more or less and bounded as follows: Beginning at a stone bound #1, on the south side of the South Arnolda Road which is now marked by a road called the South Arnolda Road, West 25 feet from the center line of the South Arnolda Road, West 25 feet, fourteen (14) feet from the center line boundary of the said road; thence westerly one hundred twenty seven (127) feet to a stone bound #2; thence southerly seventy five (75) feet to a stone bound #3; thence easterly one hundred twenty seven (127) feet to a stone bound #4; but ten (10) feet north ten (10) feet from the center line boundary of the said road; thence southerly one hundred twenty seven (127) feet to a stone bound #5; thence easterly one hundred twenty seven (127) feet to a stone bound #6; but ten (10) feet north ten (10) feet from the center line boundary of the said road; thence northerly one hundred twenty seven (127) feet to the point of beginning of the said tract; and the said tract is further bounded on the north by the south side of said leading to farmland of Gracey D. Pole; together with the right of way to the shore of Charlestown Pond, by a path starting at the South Arnolda Road, and running easterly on the lands of Thomas L. Arnold, also the right of way to the ocean beach over the lands of the Estate of Thomas L. Arnold, by a path starting at the boiling water on the south side of the Estate of Thomas L. Arnold and running further north than twenty (20) feet north of the large bathhouses which was formerly the property of the [?] and which was destroyed in the hurricane of 1938; also the right to the Arnolda roads and those of Nathan Wrights, with a convenient right of way to the shore of Watchum Pond over lands of the Estate of Thomas L. Arnold. Together with the right to the Grantee, her heirs and assigns to maintain in perpetuity line to the aforementioned wall and to use the water thereon as an improvement not limited. Subject, however, to a convenient right of way north by footpath over and near the present foot path running north from the South Arnolda Road, south side to the South Arnolda Road. TO HAVE AND TO HOLD the aforesaid premises with all the rights, privileges and appurtenances thereto belonging to the use of the said Grantees, her heirs and assigns forever. The condition of this deed is such that whereas we, the said Grantors have executed our negotiable promissory note for the sum of Six Thousand Dollars ($6,000) bearing even date herewith, and made payable to the order of the said Dorothy V. Lee on demand, NOW, THEREFORE, if we, the said Grantors or our heirs, executors, administrators, assigns or any other person for us or for them shall pay such note according to the tenor thereof, then this deed shall be void, otherwise shall be and remain in full force and effect. FURTHERMORE, we, the Grantors, do hereby constitute and appoint the said Grantee, her executors, administrators and assigns our attorney irrevocably with full power and substitution to act for us and in our name at any time in case default shall be made in the payment of said note; or breach shall be made in the covenants of insurance hereafter contained, and such default or breach shall continue for the term of thirty (30) days, to sell at public auction the premises aforesaid or any part thereof, first giving after the expiration of said term of thirty (30) days and ten (10) days notice of such sale in one of the common newspapers printed in Washington County, Rhode Island, and in our name, to make, execute, seal, acknowledge and deliver to the purchaser or purchasers thereof any deed or deeds that may be necessary to vest in such purchaser or purchasers a full and absolute estate in fee simple therein, and on sale thereon (hereby granting unto my said attorneys power to continue or adjourn such sale from time to time) to authorize our said attorney to receive the amount the same may be sold for, and after the payment of all expenses incident to such sale or sales to apply and appropriate the residue thereto to the payment of the amount of principal and interest of said note not hereby secured (we hereby agreeing in case of a sale or default in payment of said note or for breach of said covenants of insurance, the principal of said note shall be deemed due and payable on the date of such sale), accounting

to us or our heirs and assigns for all sums over and above the amount thereof; we hereby ratifying, approving and confirming such sale or sales that may be made or caused to be made by virtue thereof. FURTHERMORE, we, the Grantors, for ourselves and for our heirs, executors, adminis- trators and assigns, do hereby covenant with the said Grantee, her heirs and assigns, that insurance against loss by fire shall be kept and maintained upon the building on the premises aforesaid, in a sum not less than Six Thousand Dollars ($6,000.00), and if the policy or policies of such insurance shall be assigned and transferred to the Grantee, her heirs or as- signs, as collateral security hereto, and in default thereof do hereby agree that the said Grantee or assigns may effect such insurance and the added premium or premiums thereof shall be a further lien on said premises added to the amount of said note and secured by these presents. IN WITNESS WHEREOF, we have hereunto set our hands and seals as of this 9th day of December in the year of our Lord, one thousand nine hundred and fifty-five. In the Presences of Irene M. York Robert H. Canan LEMUEL HASTINGS ARNOLD (L.S.) CHRISTOPHER JOHN ARNOLD (L.S.) Lyndon Arnold Marie R. Hartman STATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES } In North Hollywood, California, on the 9th day of December, 1955, personally appeared LEMUEL HASTINGS ARNOLD, to me known and known to me to be the party executing the foregoing instrument and acknowledged said instrument executed by him to be his free act and deed. ELSIE N. MERRIHEW (Notarial Seal) Notary Public My Commission expires March 15, 1959 STATE OF NEW YORK } } ss. COUNTY OF NEW YORK } In New York City, New York, on the 9th day of December, 1955, personally appeared CHRISTOPHER JOHN ARNOLD, to me known and known to me to be the party executing the foregoing instrument and acknowledged said instrument executed by him to be his free act and deed. HUGH L. THOMSON (Notarial Seal) Notary Public Hugh L. Watson Notary Public, State of New York No. 448-59770 Qualified in Rockland County Cert. filed in New York County Term expires March 30, 1956 Received for record December 24th, A. D. 1955 at 11:05 o'clock, a. m., and recorded by [signature] Town Clerk I hereby request that the within mortgage deed be noted as paid and that the same be discharged as of record. DOROTHY V. LEE Dated: October [?], 1956 (FOR DISCHARGE OF FOREGOING MORTGAGE, SEE PAGE 529)