The instrument's own words
page 1
To all People to whom these presents shall come Me
George R. Rice and Mary do Rice wife of said George in
right of said Mary of Hopkinton, County of Washington in
the State of Rhode Island, send Greeting: Know ye
that we the said George R. Rice and Mary do Rice herein
after called the grantor for and in consideration of the sum
of one hundred and seventy (170 dollars) to us in hand
before the sealing hereof well and fully paid by Benjamin
F. Smith of said Hopkinton the receipt whereof we do hereby
acknowledge, and are therewith fully satisfied, contented
and paid and thereof and thereby part and parcel thereof
do acquit, acquit and discharge the said Benjamin
F. Smith his heirs successors and administrators forever by
these presents have given, granted, bargained, sold,
aliened, effected, conveyed and confirmed and by these
presents do sell fully and absolutely give grant
bargain, sell, alien, effect, convey and confirm unto
the said Benjamin F. Smith hereinafter called the
grantee his heirs and assigns forever,
A certain tract or parcel of land with all the buildings
and improvements thereon, situate in Charlestown in
said county, being lot numbered ten (10) on a plat or
file in the town clerks office in said Charlestown and
marked and designated "Plan of Cottage Sites Laramie
Spring Point" and it bounded as follows Brotherly by lot
No 11 on said plat Easterly by land of Welcome B. Palread
and others southerly by lot 9 on said plat and Westerly
by the old Quonochontouch Breach Excepting and reserving
however from said premises "The screened Privilage" or
called, titled being the same premises conveyed to
said Mary Lo Rice by Samuel T. Babcock and others by
their deed bearing date June 22 1847 and recorded in Book
No 11 Pages 457 and 458 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 way appertaining to the said grantee
his heirs and assigns forever, to his and their own proper
use, benefit and behalf forever. And we the said grantors
for ourselves and for our heirs, executors and administrators
do covenant promise and grant to and with the said
grantee his heirs and assigns That at and before the
ensealing hereof we are the true, sole and lawful
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80
owners of the above bargained premises and are lawfully seized
and possessed of the same in our own proper right at good
and perfect and absolute estate of inheritance in fee simple, and
have in us good right full power and lawful authority to grant,
bargain, sell, convey and confirm the said bargained premises
in manner 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 quietly have, hold, use, beaver, possess and
enjoy the said demised and bargained premises with the
appurtenances free and clear, and freely and clearly
acquitted, exonerated and discharged of and from all and
all manner of sum or other gifts, grants, bargains, sales,
leases, mortgages, wills, entails, tenures, 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 we the said
void grantors do covenant and for our heirs, executors and adminis
trators 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 which
sever forever to warrant seise and defend by these
presents. The Condition of this deed is such that
whereas I the said George R. Rice have executed my certain
negotiable promissory note to the sum of six hundred &
twenty (620) Dollars bearing date herewith and made
payable to the said Benjamin Smith & order in eighteen
months from the date thereof with interest at the rate of
six per centum per annum payable semiannually till said
principal sum is paid whether at or after maturity and all
interest in arrears to bear interest at the rate aforesaid till
paid. And therefore if we the said George R. Rice and
Mary L. Rice or our heirs, executors, administrators or assigns
or any other person for us or for them shall pay said note at
maturity together with the interest thereon according to the tenor
thereof then this deed shall be null and void otherwise shall be and
remain in full force and effect. Furthermore we the said
George R. Rice and Mary L. Rice do hereby constitute and
appoint the said grantee his executors, administrators and assigns
our Attorneys irrevocable with full power of substitution and
revocation for us and in our names a in their name or names
at any time in case default shall be made in the payment
of the said note or the semiannual interest due thereon or
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breach shall be made of the covenant of Insurance hereinafter
contained 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 and to bid and become the
purchaser thereof they first giving after the expiration of said
term of ten days twenty days notice of such sale in some
one of the public newspapers published in said county of
Washington and in no manner or in this manner or manner 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 purchaser a full and absolute
estate in fee simple therein and on sale thereof, hereby
granting unto our said Attorney full power to continue
or adjourn such sale from time to time and we do authorize
on said Attorney 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 in a just 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 deficit in
payment of said several interest or for breach of said
covenant of Insurance the principal of the said note
shall be deemed due and payable on the day of such sale,
accounting to us or to our heirs and assigns for all sums
over and above the amount thereof we hereby ratifying,
approving and confirming such sale or sales as may be
made or caused to be made by virtue hereof
Furthermore we the said grantors for ourselves and for
heirs, 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 two hundred & seventy (270) dollars and that
the policy or policies of such Insurance shall be assigned
and transferred to the said grantee and his assigns as
collateral security hereto and in default thereof we hereby
agree that the said grantee or his assigns may effect such
Insurance and the premium or premiums paid thereon
shall be a further lien upon 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 twenty sixth day of March in the year
of our Lord one thousand eight hundred and eighty
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82
mine(1889)
Signed, sealed and delivered
in presence of
Geo. H. Olney George R. Rice L.S.
Stanton Austin Mary L. Rice L.S.
State of Rhode Island wif s l e
County of Washington
at Hopkinton this 26th day of March
A.D. 1889 the above named George R. Rice to me well known
personally appeared before me and acknowledged the foregoing
Instrument by him signed to be his free and voluntary act
and deed, and then and there the above named Mary Lo Rice
wife of said George also personally appeared before me
and being by me examined foundly and apart from her
said husband she acknowledged and declared the same
instrument then shown and explained to her me to
be her voluntary act and deed she did not wish to retract
the same,
Geo. H. Olney
Notary Public
Received for record March 27th 1889 at one o'clock p.m.
and recorded by George Lo Cross Town Clerk
Having received full payment and satisfaction for
the debt secured by a certain mortgage deed made
and executed by George R. Rice and Mary L. Rice
wife of said George in right of said Mary, bearing
date March 26, 1889 and recorded in the Town clerks
office in the Town of Charlestown, County of Washington
and State of Rhode Island, I do hereby cancel
and fully discharge said mortgage deed.
Dated at Hopkinton in said county this twenty
eighth day of September A.D. 1892
In presence of
Geo. H. Olney Benjamin F. Smith
The foregoing discharge recivd for recd Oct 5th 1892 at 11 oclock
And recorded by George Lo Cross Town Clerk