12/3/1888 · MORTGAGE · book 12 page 46 doc 5115

46 Lo All People to whom these Presents shall come, I Vardaman Tucker of Charlestown in the county of Washington state of R I deed Indenture Know Ye that I the said Vardaman Tucker (hereinafter called the grantor) for and in consideration of the sum of one hundred and five dollars in hand before the execution hereof well and truly paid by William B. Howice of Richmond & the county the state heretofore the receipt whereof I do hereby acknowledge and am Therein fully satisfied contented and paid And therefore of every part and Parcel thereof do renovate assign and deliverage the said William B. Howice his heirs, executors and administrators forever by these presents: have given granted bargained, sold aliened enfeoffed conveyed sold and confirmed and by these presents do fully fully and absolutely give grant bargain sell alien enfeoff convey and confirm unto the said William B. Howice (hereinafter called the grantee his heirs and assigns forever the undivided one third part of the real estate which formerly belonged to my father the late John V. Tucker deceased and which was given to me by will Said deceased situated in said Charlestown and being two lots bounded as follow First lot is bounded as follows Westerly on land belonging to heirs of Stephen Day deceased Northerly partly on Mosey Brunsland and partly on Sagittarius lot to land formerly of Joseph Browning deed Dexterly on said Browning land Northerly on land by formerly of Beny Tucker deed Containing liberty acres or more less Second lot contains 40 acres more or less and is bounded on the North by land formerly of John V. Tucker East by land formerly of John Browning which land of William head & Sagittarius held South on Reley lands land Beny Tucker West on land formerly of Nathan Day or however either of said lots may be bounded meaning to convey all my interest in the real estate given to me by John V. Tucker deceased, by which will is on record in said Charlestown To have and to hold the said grant let and bargained premises, with all the appurtenances, privileges and commodities to the same belonging or in any wise appertaining to the said granted his heirs and assigns, forever to his and their own proper use benefit and behoof forever and I the said grantor for myself my heirs, executors and administrators do Covenant prohibit grant and to unto the said granted his heirs and assigns that at and before the execution

hereof I was the true sole and lawful owner of the above bargained premises and was 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 myself 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 witnesses of these presents, lawfully peaceably and quietly have, hold, use, occupy, possess and enjoy the said demised and bargained premises with the appurtenances fee and clear and free helds and clear by acquitted exonerated and discharged from all and all manner of former or other gifts grants bargains sales leases mortgages wills entails jointures dowries judgments executions and encumbrances of what name or nature soever that might in any measure or degree obstruct or make void this present deed. Furthermore I the said grantor for myself my heirs executors and administrators do covenant and engage the above demised premises to the said grantee his heirs and assigns against the lawful claims or demands of any person or persons whatsoever, forever to warrant leave and defend by these presents. And I Abby Tucker wife of said Gammon Tucker in consideration of the sum paid as aforesaid, do hereby release and forever quitclaim unto the said granted his heirs and assigns all my right of dower in and to the aforementioned premises. The condition of this deed is such that whereas I the said Gammon Tucker have executed my negotiable promissory note for the sum of one hundred and fifty five dollars ($155) bearing the date herewith and made payable to the order of William Cole, Repose one year from date with interest at the rate of six per centum per annum payable semiannually till said sum principal is paid, whether at or after maturity, and all installments of interest in arrears whether before or after maturity to bear interest at the rate aforesaid till paid. Son therefore, if the said grantor or my heirs, executors, administrators or assigns or any other person for me or for them shall pay said note at maturity together with the inte rest thereon according to the tenor thereof then this deed shall be void otherwise shall be and remain

48 in full force and effect. Furthermore, I the said grantor do hereby institute and appoint the said grantee his executors, administrators and assigns my Attorneys irrevocable with full powers of substitution and revocation for me and in my name or in his or their name or names, at any time in case default shall be made in the payment of my said note or of the semiannual interest due thereon, and such default shall continue for the term of ten days, to sell at public auction the premises aforesaid, or any part thereof their said giving, after the expiration of said term of ten days, twenty days notice of such sale in one or more of the public 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 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 thereof, (hereby granting unto my said Attorneys power to continue or purchase such sales from time to time.) I do authorize my said Attorneys to receive the amount the same may sell 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 carved (whereby agreeing that in case of a sale for default in the payment of semiannual interest the principal of said note shall be deemed due and payable on the day of such sale, accounting to me or my heirs and assigns of all sums occurring and above the amount thereof) hereby ratifying, approving and confirming such sale or sales as may be made or caused to be made by virtue hereof. In testimony whereof we have hereunto set our hands and seals this 26th day of November in the year of our Lord one thousand eight hundred and eighty eight. Signed sealed and delivered In presence of C. A. Kenyon Varnum Lucker S.S. State of Rhode Island ss County of Washington ss In Richmond in said County on this 26th day of November A.D. 1888, Varnum Lucker personally appeared before me, and acknowledged the foregoing instrument by him signed to be his free and voluntary act and deed. Edwin A. Kenyon Notary Public Received for record Nov 27 at 1 o'clock p.m. and recorded by George A. Brown some fee paid. Richmond R.D. June 2nd 1891. Recorded this Twenty third day of December 1888. [illegible] [Vertical text on left margin]: Richmond R.D. June 2nd 1891. Recorded this Twenty third day of December 1888. 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