3/18/1890 · MORTGAGE · book 12 page 146 doc 5169

146 State of Rhode Island ss County of Washington do In Wakefield R I this fourth day of January AD 1890 the above named Joseph Edward Newman B. Beard and Mary E. Beard wife of said Harman B. Beard personally appeared before me and severally acknowledged the foregoing instrument by them signed to be their free and voluntary act and deed, I Heobrd B. Perry Antony Public received for record Feb 13 1890 at 10-30 oclock A M and recorded by George C. Cross Town Clerk. So All People to whom these Presents shall come. I Alghander G. [illegible] of Westerly, County of Washington in the State of Rhode Island, hereinafter called the grantor, Send Greeting, Know all that I the said grantor for and in consideration of the sum of One Hundred Dollars to me in hand before the executing hereof well and truly paid by Thank E. Oliver of Charlestown, county State al above written, hereinafter called the grantee the receipt of whereof I do hereby acknowledge and I am the with fully satisfied contented and paid, and thereof, and of every part and parcel thereof, do separate acquit and discharge the said grantee his heirs and 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 luff convey and confirm, unto the said grantee his heirs and assigns forever, A certain piece or parcel of land (together with the buildings thereon standing) situated in the town of Charlestown, county and state as above written, known as the Gardner's farm bounded and described as follows. On the South and East by Theo J. Oliver, on the West by Denny Healy deceased Heirs, on the North by said Benny Healy heir and heirs of the late Abbie [illegible] by estimation thirty six (36) acres be the same more or

less, Also a swamp lot known as Magats Island & bounded as follows On the North by John R Dumondre deceased heirs North westerly heirs of the late Dry Ready, South by Joseph G Taylor & heirs of Brightman Lebandall & on the East by Thantos, by estimation from 4 (areas) be the same more or less. I have all to hold, the said granted and bargained premises, with all the appurtenances, privileges and commodites to the same belonging in any way more appertaining to the said grantee his heirs and assigns, forever To him and his heirs only proper use, benefit and behalf forever. And I the said grantor for myself my heirs, executors and administrators, do covenant, promise and grant, to and with said grantee to his heirs and assigns, That at and before the making hereof I am the true, sole and lawful owner of the above bargained premises, and am lawfully seised and possessed of the same in any and perfect right as good, perfect and absolute estate of inheritance in 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 and quietly have, hold, me, occupy, possess, and enjoy the said demised and bargained premises, with the appurtenances free and clear, and fully and clearly acquitted, exonerated and discharged of and from all and all manner of former or other gifts, grants, bargains, sales, leases, mortgages, wills estates, jointures doweries, judgments, executions and encumbrances, of what nature or mature ever, that might in any measure or degree obstruct a more 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 other person or persons whatsoever, forever to warrant above and defend by these presents. And I Sarah H Cornwell wife of Alexander H Cornwell (the Grantor) in consideration of the sum paid as aforesaid, do hereby release and forever quitclaim unto the said grantee his heirs and assigns all my

148 right of dower, in and to the aforementioned premises, The condition of this deed is such that, whereas I the said grantor have executed a negotiable promissory note for the sum of Four Hundred Dollars bearing even date herewith and made payable to the order of Alexander B Lowell 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 installments of interest in advance whether before or after maturity to bear interest at the rate aforesaid till paid, Now therefore, if I the said grantor or my heirs, executors, administrators & assigns, or any other person for me or for them, shall pay said note at 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, I the said grantor do hereby constitute and appoint the said grantee his executors, administrators and assigns Attorneys irrevocable, with full powers of substitution and revocation for me, in and in my name or in his or their name or names, at any time in case default shall be made in the payment of my said note or of the semiannual interest whatever or breach shall be made of the covenants of Insurance heremafter contained, and such default or breach shall entitle for the term of ten days to sell at publick auction the premises aforesaid or any part thereof, they first giving, after the expiration of said term of ten days, twenty days notice of such sale, in one of the publick newspapers printed in Washington county 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 in sale thereof hereby granting unto my said Attorneys power to continue or prolong such sale from time to time, I do authorize my said Attorneys 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 any sale for default in the payment of said semiannual interest or breach of such covenants of Insurance the

Municipal of said note shall be deemed due and payable on the day of such sale, accounting to me or my heirs and assigns for all sums over and above the amount thereof, I hereby ratifying approving and confirming such sale as seller actually be made or caused to be made by virtue hereof. Furthermore, I the said grantor for myself and for my 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 appraised in a sum not less than [illegible] dollars and that the policy or policies of such Insurance shall be assigned and transferred to the said grantee his and assigns as collateral security hereon, and in default thereof do hereby agree that the said grantee his heirs or assigns may effect such Insurance and 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 hands and seals this twelfth day of March in the year of our Lord one thousand eight hundred and ninety signed, sealed and delivered In presence of Newton M. Collins Alexander L. Connib SS. Enoch W. Vars Sarah L. Connib SS. State of Rhode Island ss. In the town of County of Washington ss. I Notary this 12th day of March AD 1890 Alexander L. Connib & Sarah L. Connib his wife personally appeared before me, and acknowledged the foregoing instrument by them signed to be their free and voluntary act and deed: and that the above named Sarah L. Connib also personally appeared before me and by me examined privately and apart from her said husband and wife so freely and apart I showed and explained to her the foregoing instrument by her signed and she acknowledged the same to be her free and voluntary act and deed, and declared to me that she did not wish to retract the same. Enoch W. Vars Notary Public Received for record March 18. 1890 at 6 oclock PM. and recorded by George B. Loomis Town Clerk.