4/30/1884 · MORTGAGE · book 11 page 229 doc 4877

229 This indenture made and executed this 14th day of February 1843; by and between Mary H. Hopkins of Charlestown R.I. of the first part and Benjamin H. Hawkes of the second part witnesseth that the said party of the first part doth hereby lease and let unto said party of the second part a certain farm situated in said Charlestown containing 18 acres & 20 rods bounded as follows, on the North by Giles Hill land, East by land of Daniel Gaskell & South by Navy land, To have and to hold the same with all the appurtenances unto said party of the second part his successors, administrators and assigns for the term of five years from the date hereof, the said party of the second part paying and paying by therefore during said term, the annual rent of one half of all product realized on said farm. The said party of the first part to furnish one half of the seed, manure etc required on said farm. The said party of the second part agrees to yield him peaceable and quiet possession of said premises at the expiration of this lease (viz) on the 14th day of February 1848. In witness whereof said parties have hereunto set on their hands & seals the day & date first above written. Executed in presence of George C. Converse Jordan H. Hopkins Mary H. Hopkins L. S. Benj. H. Hawkes L. S. Received for record April 29th 1843 at 1 oclock P.M. and recorded by George C. Converse Town clerk. To all People to whom these presents shall come. I, Albert Burdick of Northpton in the county of Washington and in the State of Rhode Island do hereby know you, that I the said Albert Burdick hereafter called the grantor for and in consideration of the sum of One Thousand Dollars in hand before the executing hereof myself and truly paid by John S. Kenyon of Newfoundland in the county of Washington aforesaid the receipt whereof I do hereby acknowledge, and am therewith fully satisfied contented and paid, that therefore and thereby of every part and parcel hereof, as donate acquit and discharge the said John S. Kenyon his executors as administrators forever these premises: here given granted bargained sold, alienated, imparted, conveyed and confirmed, hereby these presents do fully, fully and absolutely give grant bargain sell, alien, convey of every corner and confirm unto the said J. Kenyon hereafter called the grantee his heirs and assigns forever, A certain manufacturing privilege and pasture and parcel of land situated in said Northpton containing by estimation twenty five (25) acres be the same more or less together with the buildings & improvements thereon standing, all water rights, privileges & easements connected therewith or appurtenant thereto. For boundaries and a more particular description of the premises aforesaid is hereby declared and made and granted to a certain deed of mortgage from Albert Burdick of said Northpton to Oliver Dempsey of said Northpton

230 dated the 28th day of March Ad. 1766 and recorded in Land Evidences of said Hopkinton Book 10 No 18 at pages 124, 125 & 126, and in Land Evidences of said Hopkinton in Book 10 No 18 at pages 334 & 335; Also a certain other lot of land situated in said Hopkinton containing about one eighth (1/8) of an acre with the buildings and improvements thereon, more particu larly described in some conveyance dated from said Stephen Burdick to said Oliver Bangsropthy, reference to last mortgage deed being hereby made and made for the boundaries & a more particular description thereof; Also a certain their other lot of land with all the buildings and improvements thereon situ ated in said Hopkinton, containing by estimation twenty two (22) square rods be the same more or less. As to the boundaries & a more particular description of said lot mentioned let reference is hereby had to a certain deed from said stephen Burdick to this grantor dated the 30th day of March Ad. 1807 and recorded march 3rd 1807 in Book 10 No 10 page 323 & 324 of the Record of said Hopkinton for recording deeds of real estate, also a certain their lot of land situated in said Hopkinton containing by estimation fourteen (14) square rods be the same more or less. For the boundaries & a more particular description of said last mentioned let reference is hereby had to a certain deed from sir henry kearson to said Hopkinton to this grantor, dated the 16th day of August Ad. 1766 & recorded March 28th Ad. 1779 in said Hopkinton Deed Book 10 No 9 at page 281; Meaning & intending hereby to convey all the property mentioned or described in said mortgage deed from said father Burdick to said Oliver Bangsropthy, in said deed from said Stephen Burdick to this grantor and in said deed from sir henry kearson to this grantor together with all water rights & all rights privileges easements connected therewith or appurtenant thereto. 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 appertaining to the said grantee his heirs and assigns, forever to his and their own proper use and benefit and for his heirs forever. And I the said grantor for myself and my heirs, executors and administrators do covenant promise and grant to land with the said grantee his heirs and assigns, that of and be the same enfeoffed heirs I am the true 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, full and absolute estate of inheritance in the simple, and have in me good right 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 and may from time to time, and at all times forever hereafter, by these and better of these presents, lawfully, peaceably and quietly have, hold, be occupied possess and enjoy the said heritment and bargained premises with the appurtenances free and clear, and fully, freely and absolutely quitted and discharged of and from all and all manner of tenures or other gifts, grants, bargains, sales, leases, mortgages, wills entails, jointures dowries, doweries, allotments expectancies and encumbrances whatsoever name a name soever, that might in any measure or degree obstruct or make void the present deed. Furthermore I the said grantor for myself

and for my heirs, executors and administrators, do covenant and engage the above described premises to the said grantee 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. And I Emma Brunwich the wife of said Albert Brunwich in consideration of the sum paid me aforesaid do hereby release and forever quitclaim unto the said grantee his heirs and assigns all my right of Dower in and to the above described premises. The condition of this deed is that whereas I the said Albert Brunwich have obtained my respectable commissiony note for the sum of One Thousand Dollars bearing even date heretofore and made payable to the order of John S Kennedy with interest at the rate of five per centum per annum, payable semiannually in advance until said principal sum is paid whether at or after maturity, and installments of interest in arrear whether before or after maturity to be paid at the rate aforesaid until paid. Now therefore I the said grantor to my heirs, executors administrators or assignees or any other person, for me or for them, shall pay and set note of maturity together with interest thereon according to the tenor thereof then this deed shall be void, and otherwise shall remain in full force and effect. Furthermore, we the said grantor do hereby constitute and appoint the said grantee, his executors administrators and assignees our attorneys irrevocable, with full power of substitution and revocation for us and in our names or in his the name or names, if any time the above default shall be made in the payment of said note or of the sum annexed there thereto, or a breach shall be made of the covenants of insurance hereafter contained, and such default or breach shall continue for the time of ten days to sell at public auction the premises aforesaid or any part thereof they first giving, after the satisfaction of said lien of ten days, twenty days notice of such sale, in some one of the public hemispheres provided in said Washington County and in our name or in their name or names, 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 the simple thereon, and on sale thereof (thereby granting unto said Attorneys power to continue or adjourn such sale from time to time), and do authorize and empower said Attorneys to receive the amount the same may be sold for, and after the payment of all the expenses incident to such sale or sales, to apply, and appropriate the residue thereof to the payment of the amount of principal and interest of said note hereby secured (we hereby agreeing, that in case of a sale for default in the payment of said sum annexed interest, or for breach of such covenants of insurance, the principal of said note shall be deemed due and payable on the day of such sale), accounting for and our heirs assigns, final sums over and above the amount thereof we hereby ratifying and confirming such sale or sales as may be made or caused to be made by, willing hereof. Furthermore I the said grantor for myself and for my heirs

232 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 maintained upon the buildings on the premises aforesaid, in a sum not less than One thousand Dollars and that the policy or policies of such Insurance shall be assigned and transferred to the said grantee and assigns as collateral security hereto and in default thereof, we do hereby agree that the said grantee his heirs or assigns may effect such insurance and indemnify ourselves hereon they shall be a further lien where the said estate added to the amount of said note and secured by these presents. In testimony whereof, we have hereunto set our hands and seals this seventeenth day of April in the year of our Lord one thousand eight hundred and eighty four (1884). Signed, sealed and delivered In presence of Mary A Clark Emock W Vars Albert Burdick L.S. Emma Burdick L.S. State of Rhode Island and Providence Plantations, S.S. County of Washington S.S. On this 17th day of April A.D. 1884 Albert Burdick and Emma J Burdick wife of the said Albert Burdick personally appeared before me, and acknowledged the foregoing instrument by them signed, to be their free and voluntary act and deed, And then & there on the same day also the above named Emma J Burdick wife of the said Albert Burdick personally appeared before me & being by me first examined privately and apart from her said husband, she acknowledged the within deed which was by me shown & explained to her, to be her free & voluntary act and deed, and declared to me that she did not wish to retract the same. Emock W Vars Notary Public Received for record April 28th 1884 at 11 oclock A.M. and recorded by George R Cross Town Clerk Recorded in Book H page 19 April 28th 1884