10/23/1956 · DEED · book 35 page 515 doc 5144@35/515

515 STATUTORY FORM OF WARRANTY DEED We, Frank SHAY and DENISE SHAY, husband and wife, nds both of Yonkers, County of Westchester and State of New York, as joint tenants for consideration paid grant to ROBERT K. FINLAYSON, of the Town of Charlestown, County of Washington and State of Rhode Island, with WARRANTY COVENANTS. A certain tract or parcel of land, situated and located at Quonocutcong Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to wit: Beginning at a point on the easterly side of Niantic Avenue, so called, said point being northeasterly from the corner of the parcel herein conveyed; thence easterly running easterly one hundred ninety four and 10/100 feet to the easterly boundary of the parcel herein conveyed; thence turning a right angle and running southerly sixty (60) feet to the southerly boundary of the parcel herein conveyed; thence turning a right angle and running southwesterly one hundred ninety four and 10/100 feet to a point on the southerly corner of the parcel herein conveyed; thence turning a right angle and running westerly one hundred forty (140) feet to the boundary of the parcel herein conveyed; thence turning a right angle and running northerly along the easterly line of Phantom Avenue sixty (60) feet to the point and place of beginning. Said parcel being bounded easterly by land of John P. Sherman bounded westerly by Niantic avenue and southerly by land of Melville and Mary [?] Finlayson, husband and wife, westerly Meaning and intending to convey Lot #23 as shown and delineated on the plat of "Quonocutcong Central Beach" as extended February, 1945, Charlestown, R. I., property of H. E. and E. H. Thorpe, scale 1 inch equals 400 feet. 80 feet, July 24, 1936, and recorded in Book #31 Page #431. Said grantors and their heirs and assigns shall have the right to pass and repass and to access from and to, and solicit to lot or tract on foot or otherwise, over and across on and across those certain rights of way as shown and delineated on said plat entitled, "Quonocutcong Central Beach, dated October, 24, 1936, recorded September 10, 1936, in the land evidence book of said town, and those certain rights of way leading from 108 road to said beach, and any other, and any portion of said rights of way which might hereafter be designated for public use, to and to with the said grantors, their heirs and assigns, and the said grantees, their heirs and assigns, and to with the said grantors, their heirs and assigns, that the said grantors, their heirs and assigns, and the said grantees, their heirs and assigns, or to with Quonocutcong Central Beach Fire District, its successors and assigns, or to with the first day of August of each year the heirship sum of the year the said rights of way shall be maintained and kept in good repair and condition by the said Quonocutcong Central Beach Fire District, its successors and assigns, and in its successors and assigns, in those portions controlled by the said Fire District, and the said grantees, their heirs and assigns, in those portions that are designated for private use, and the said sums agreed to be paid by here are made a lien and charge upon the land, and shall become due and demandable for full payment of any agreement which one year after the same shall become due, and shall be lawful for the said Quonocutcong Central Beach Fire District, its successors and assigns, to sell the land at public auction and compel payment at such public auction, giving first notice of such sale in some newspaper published in said County of Washington, for two weeks prior to such sale, and the proceeds of such sale shall be applied to the payment of such purchases or purchaser at said sale. This conveyance is made and accepted subject to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof Howard E. Thorpe and Nelson H. Thorpe, their heirs and assigns, shall be given ten days notice in writing of such sale and shall have the option to purchase the same with the buildings and improvements thereon at the highest bona fide price in good faith made and actually offered and accepted by said grantors. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot herein conveyed, which dwelling house shall be erected on the premises in accordance with the building codes of the town of Charlestown, and no other building or buildings or dwelling houses (porch included) shall be approved the premises or on streets or ocean front nearer than said five feet from the property lines of the lot hereafter conveyed, and no fence shall be erected other than driftwood; no detached garage or other outbuilding shall be erected on the premises unless such building or buildings shall be constructed of the same material as the dwelling house and shall cost when completed not less than one thousand dollars, all toilets, baths, kitchens or other domestic appliances shall be enclosed within the dwelling house or a septic tank, to be constructed and shall be placed on the premises by the grantees, their heirs and assigns at their own cost and expense. 3. No division of line walls hedges fences, or fences shall be permitted, nor trees of any kind, including except (the dwelling house), shall be set in any way obstruct the view, from any part of the premises, of the ocean, or of any dwelling house, including porches, lawns and vegetables shall be permitted. 4. No poultry, swine, cattle, nuts, noisy or vicious dogs or pets of any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonocutcong Central Beach Fire District, its successors and assigns, reserves and retains the right to enter upon the premises herein conveyed and conveyed premises to lay any pipe outlets or pipes, or to repair the same, always leaving the premises in the good condition as when entered upon. 6. It is further covenanted, understood and agreed between and by the parties here to that all the aforesaid conditions, covenants and agreements on the parcel of land conveyed, its heirs and assigns, and the said grantees, their heirs and assigns, shall attach to and run with the land hereby conveyed; it is further agreed and made a part of the consideration of this conveyance that the said grantors, grantees his heirs and assigns, that the title and fee to said premises shall in the event that Howard E. Thorpe and Nelson H. Thorpe, their heirs and assigns, shall not be or they may repossess himself or themselves of the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease. Meaning and intending to convey the same premises conveyed to grantees from Howard E. Nelson H. Thorpe by deed dated July 11, 1953 and recorded in the Land Evidence Records of the Town of Charlestown in Book #33 at Page #560.

WITNESS our hands this 15th day of October 1956. FRANK SHAY DENISE SHAY (DOCUMENTARY STAMPS, $1.10) STATE OF NEW YORK COUNTY OF NEW YORK In New York on the 15 day of October 1956, before me personally appeared FRANK SHAY and DENISE SHAY, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by them executed to be their free act and deed. E. LILLIAN CALVIN (Notarial Seal) Notary Public E. Lillian Calvin Notary Public, State of New York Qualified in New York County No. 31-545450 Cert. filed with City Register, N.Y.Co. Commission expires March 30, 1958. Received for record October 23rd, A. D. 1956 at 10:30 o'clock, a. m., and recorded by [signature] Town Clerk ---- MORTGAGE DEED We, Louis J. Galmiche and Esther Galmiche, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid grant to J. William Timperley and Ruth Chase Timperley, husband and wife, both said Town of Charlestown, County of Washington, State of Rhode Island, as JOINT TENANTS and not as tenants-in-common, with MORTGAGE COVENANTS, to secure the payment of Five hundred and 00/100 ($500.00) Dollars in six (6) months with interest at six (6%) per centum, per annum, payable semi-annually in advance as provided in a certain negotiable promissory note of even date herewith, (Description, and Incumbrances, if any) That certain real estate situated in Town of Charlestown, County of Washington State of Rhode Island, and described as follows namely: Two certain lots of land now and situated in the Town of Charlestown, bounded and described as follows: The first lot contains two (2) acres more or less with a barn thereon, and which is bounded on the north by land now or formerly of Ernest E. Webster, on the east by land now or formerly of George A. Johnson, on the south by land now or formerly of Thomas J. Webster, and on the west by land now or formerly of Ernest E. Webster. The second lot contains fourteen (14) acres, be the same more or less, with a dwelling house and outbuildings thereon, and which is bounded on the north partly by land now or formerly of Ernest E. Webster, and partly by land now or formerly of Alfred J. Richard, on the east partly by land now or formerly of George A. Johnson and partly by land now or formerly of Alfred J. Richard, on the south partly by land now or formerly of Herbert H. [?] and partly by land now or formerly of Edward L. Schnutzer, et al, and on the west by the highway which leads southerly from the old Washington schoolhouse, and southwards. Being the same premises conveyed to the mortgagor herein by a deed of Edward Schartner and Franklin W. Rahman, administrators of the Estate of Grace Cashman, deceased, which deed bears date of September 10, 1956. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE.