The instrument's own words
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114
To all People to whom these Presents shall come
I Varmun Ernis of Charlestown in the county of Washington
State of Rhode Island, Send Greeting: Know ye That
I the said Varmun Ernis Cheesemaker called the grantor
grant in consideration of the sum of Eight hundred
dollars in hand before the ensuing hereof well and truly
paid by George H. Ernis of Richmond in said county
and State, the receipt whereof I do hereby acknowledge
and am therewith fully satisfied contented and paid; and
thereof and of every part and parcel thereof do renounce
acquit and discharge the said George H. Ernis his heirs
executors and administrators forever by these presents,
have given, granted, bargained, sold, alienated, enfeoffed,
conveyed and confirmed, and by these presents do fully
fully and absolutely give, grant, bargain, sell, alien, enfeoff
convey and confirm unto the said George H. Ernis (hereinafter
called the grantee) his heirs and assigns forever, a certain
tract of land lying in said Charlestown containing by
estimation seventy five acres more or less with two dwelling
houses and other buildings thereon and is bounded as
follows, Beginning at the Northeast corner of said tract
at a stake and stones, thence running Northwesterly
bounding Southeasterly partly on a highway and partly on
land of George Carmichael until it comes to land of Andrew
I. Gale, thence running Southwesterly bounding Northwesterly
on said Gale's land until it comes to land formerly owned
by Dennis Green, and now owned by said Gale, thence
running Southeasterly bounding Southwesternly on said Gale's
land until it comes the corner of the "Seven lot" so called, thence
running Southwesterly bounding Northwesterly on said
Gale's land, till it comes to land of Leo. H. Dyson,
thence running Southeasterly bounding Southwesternly on said
Dyson's land partly and partly by land formerly owned
by S. League Patterson till it comes to a highway thence on
said highway to the place of beginning. Also one tract
of cedar swamp, containing twenty acres, bounded North
on land of Benjamin Tucker, West by land of George
Perry, South by the Cordian swamp, East by land of Benj.
I. Comandalls! Also one wood lot containing five
acres more or less, bounded westerly by land formerly
owned by Isaac Moore, Northerly the land formerly
of Thomas Green, Easterly and Southerly by land now
or formerly of the heirs of Jonathan Tucker or however
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otherwise either of said tracts may be remolded.
To have and To hold, the said granted and bargained premises
with all the appurtenances, privileges and commodities to
the same belonging, or in anywise appertaining to the said
grantee his heirs and assigns forever, To him and to his and
their proper use, benefit and behoof forever, And I the
said grantor for myself my heirs executors and administrators
do covenant promise, and grant to and with the said
grantee his heirs and assigns, that at all and before the
executing 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
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 force and virtue of these
presents, lawfully, peaceably, quietly and girthy, hold, use,
occupy, possess and enjoy the said devised and bargained
premises, with the appurtenances free and clear, and
freely and clearly acquitted, exonerated and discharged
of and from all and every manner of former or other
gifts, grants, bargains, sales leases, mortgages, wills,
bills of sale, jointures, doweries, 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 same and defend bye
these presents void a mortgage to the Kingdom having Bond
And I Phebe La Connor wife of said Varnum Connor
in consideration of the sum paid as aforesaid, do hereby
release and forever quitclaim unto the said grantee his
heirs and assigns all my rights of dower in and to
the aforementioned premises. The condition of this
deed is such, that whereas the said Varnum Connor
have executed my negotiable promissory note of the
sum of eight hundred dollars bearing even date herewith
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116
and made payable to the order of George N. Ennis on demand
with interest at the rate of six per centum per annum,
payable annually till said principal sum is paid, whether
at or after maturity, and all installments of interest in
arrear whether before or after maturity to bear interest at
the rate aforesaid till paid. Moreover, if I
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 all the interest
thereon, according to the tenor thereof, then this deed shall
be void, therefore shall be, and remain in full force
and effect. Furthermore I the said grantor do
hereby constitute 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 name, or in their name or
names, at any time in case default shall be made
in the payment of said note or of the annual 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 they first giving, after
the expiration of said term of ten days forty twenty days
notice of such sale, in one 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 granting unto my
said Attorneys power to continue & do dozens such sale
from time to time. I do authorize any 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 and appropriate the residue thereof
to the payment of the amount of principal and interest
of said note hereby secured, I hereby agreeing that in
case of a sale for default in the payment of annual
interest, the principal of said note shall be deemed
due and payable on the day of such sale according to
me or my heirs and assigns for all sums over and
above the amount thereof. I hereby ratifying, approving and
confirming such sale or sales as may be already or future to
be made by virtue hereof. In Testimony
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Whereof we have hereunto set our hands and seals this 19th
day of August in the year of our lord one thousand eight
hundred and eighty nine,
Signed, sealed and delivered
in Presence of
George E. Cross Varmun Ennis
Mary E. Cross Phebe Le. Ennis
State of Rhode Island ss
County of Washington Sc
In Charlestown in said
County, on this 19th day of August AD 1889, Varmun
Ennis personally appeared before me, and acknowledged
the foregoing instrument by him signed to be his free
and voluntary act and deed
George E. Cross
Notary Public
Received for record Aug. 19th /89 at 3 o'clock P.M.
and recorded by George E. Cross Town Clerk
Richmond December 13 1890
Received of Varmun Ennis the full amount of
the note secured by the within mortgage and
the same is hereby discharged in full.
Geo E. Ennis
Recorded Nov 13 1890,
by George E. Cross Town Clerk