The instrument's own words
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90
Personally appeared before me and acknowledged the
above and foregoing instrument by him signed to be his
free and voluntary act and deed.
Thomas Hearst
Justice Public.
Received for record March 28/1849 at 3,30 o clock PM,
and recorded by George Co Brown town clerk
Is to all People to whom These Presents shall come
We George Loarnichael and Nellie A Loarnichael wife
of said George, (in right of said Nellie M) of Charlestown
County of Washington in the State of Rhode Island send
Greetings Know Ye That we the said George Loarnichael
and Nellie A Loarnichael hereinafter called the grantors
for and in consideration of the sum of thirty five hundred
(3500) dollars to us in hand paid before the sealing hereof well
and truly paid by David & Aldrich of Hopkinton in said
County the receipt whereof we do hereby acknowledge, and
are herewith fully satisfied, contented and paid, and
thereof and every part and parcel thereof do generate
acquit and discharge the said David & Aldrich his
heirs, executors and administrators forever by these Presents
have given, granted, bargained body sold, assigned, enfeoffed,
combized, and confirmed and by these presents do fully
fully and absolutely give, grant, bargain sell, alien, enfeoff
convey and confirm unto the said David & Aldrich
hereinafter called the grantee his heirs and assigns
forever a certain tract or parcel of land known as the
Loarnichael mills estate with all the buildings and improve-
ments thereon, situated partly in said Charlestown and
partly in the town of Richmond in said county consisting of
a mill and bottling property and mill estate and comprising
four (4) lots of land bounded and described substantially
as follows, to wit, the said lot of land situated in said
Charlestown is bounded on the Northerly by the highway
which crosses the Pawcatuck river, on the Easterly by said
Pawcatuck River, and on the Southerly and Westerly by the
lands of the heirs of Abby & Loarnichael deceased and
contain by estimation three (3) acres or there and there more
or less, The first of said lots of land situated in said
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Richmond is bounded as follows to wit. On the Northerly by
the New York, Providence and Boston Railroad, on the Easterly by
by the aforesaid highway, and on the southerly and westerly
by said Pawtuxet river and contains by estimation eight
(8) acres be the same more or less. The second of said lots
situated in said Richmond is bounded as follows to wit:
Beginning at the Northwesterly corner of said lot and at the
corner of the highway where said highway intersects said
railroad and running in an easterly direction by and
with said railroad to land of Martin Parks, thence southerly by
and with said Parks land and land of William Le Sanphear
thence again Easterly by and with the southerly line of said
Sanphears land to the highway, thence southerly by and
with said highway to said Pawtuxet river, thence westerly by
and with said river to another highway thence southerly by
by and with said last mentioned highway to the place of
Beginning. The third of said lots of land situated in said
Richmond is bounded as follows to wit: Beginning at the
northwest corner of said lot on the line of said railroad
and adjoining the premises of William Le Sanphear and
now used by said Sanphear as a place of residence, thence
running in an easterly direction by and with said railroad
to land of Martin Parks, thence southerly by and
with said Parks land to the Pawtuxet river, thence westerly by
and with said river to the highway, thence southerly by
and with said highway to land of said William Le Sanphear
thence again easterly by and with the southerly line of
said Sanphears premises, thence again southerly by and
with the east line of said Sanphears land to the place
of beginning, or however otherwise the same may be
bounded, Together with all water rights, and all
rights privileges and easements connected therewith or
appertaining thereto. To have and to hold
the said granted and bargained premises with
all the appurtenances privileges and commodities
to the same belonging in any wise appertaining
to the said grantee his heirs and assigns forever
to his and their only proper use, benefit and behalf
forever. And we the said grantors for ourselves
and our heirs, executors and administrators do
covenant, premise 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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92 owners of the above bargained premises and are lawfully seized
and possessed of the same in our own proper right as good
perfect and absolute estate of inheritance in fee simple and
have in ourselves 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 future hereafter by force and virtue of these
presents lawfully peacefully and quietly have hold use
occupy possess and enjoy the said demised and bargained
premises with the appurtenances free and clear and fully
and clearly acquitted separated and discharged of and from
all and all manner of former or other gifts grants bargains
sales leases mortgages wills entails jointures dower 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
grantors for ourselves and for our 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 alienate and defend by these
presents the condition of this deed is such that
whereas I the said George Learnichall have executed my
certain negotiable promissory note for the sum of thirty five
hundred ($3500) dollars bearing eve date herewith and made
payable to the said David G. Aldrich or order in one year
from the date thereof with interest at the rate of six per
centum per annum payable semiannually till said principal
sum is paid whether it or after maturity and all interest in
arrears to bear interest at the rate aforesaid till paid
Now therefore if we the said George Learnichall and
Stella A. Learnichall or our heirs showing administrators
or assigns or any other person for us or for them shall pay said
note let maturity together with the interest thereon according
to the tenor thereof then this deed shall be void otherwise shall
be and remain in full force and effect
Furthermore we the said George Learnichall and Stella
A. Learnichall 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 or in their name or
names at any time in case default shall be made in
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The payment of the said note or the semiannual interest due
thereon or a 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 purchasers 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 the city
of Providence in said state and in our names or in their name
or names to make, execute, seal, acknowledge and deliver to the
purchaser or purchasers thereunto any deed or deed poll 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 giving with said Attorney full power
to continue or adjourn such sale furthermore to time we do
authorize so said Attorney to receive the amount the same
he 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 and we hereby agreeing
that in case of a sale for default in payment of said
semiannual 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
our 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 three thousand (3000) 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 do hereby agree that the said grantee or his
assigns may effect such Insurance and the premiums
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
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94
hands and seals this Twenty fifth day of March in the
year of our Lord one thousand eight hundred and eighty
nine (1889)
Signed, sealed and delivered
in presence of
Saml S. Fisher George Carmichael L.S.
Geo H. Obney Nellie A. Carmichael L.S.
State of Rhode Island ss
County of Washington ss
On Phosphorus this twenty fifth day of
March AD 1889 the above named George Carmichael
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 Nellie A. Carmichael wife
of the said George Carmichael also personally appeared
before me and being by me examined privately and
apart from her said husband she acknowledged the
and declared the same instrument then shown and
explained to her by me to be her voluntary act and
that she did not wish to retract the same.
Geo H. Obney
L.S. Notary Public
Received for record March 28 1889 at 4 oclock P.M.
and recorded by George C. Jones Town Clerk
For transfer of above mortgage see Book No 13 page 294