3/27/1889 · MORTGAGE · book 12 page 79 doc 5132

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

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

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

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