8/2/1890 · MORTGAGE · book 12 page 177 doc 5187

To all People to whom these Presents shall come: I Frank E. Bliven of Charlestown in the county of Washington and State of Rhode Island, Send Greeting Know Ye! That I said Frank E. Bliven (hereinafter called the grantor) for and in consideration of the sum of four hundred dollars in hand received before the sealing hereof well and truly paid by Alexander G. Cummins of Westerly, in the county and State aforesaid, the receipt whereof I do hereby acknowledge and am therewith fully satisfied contented and paid, and thereof fully part and parcel hereof do forever, acquit and discharge the said Alexander G. Cummins his heirs, executors and administrators forever, by these presents: have given granted, bargained, sold, aliened, enfeoffed, conveyed and confirmed, and by these presents, do freely, fully and absolutely give, grant, bargain, sell, alienate, enfeoff, convey and confirm unto the said Alexander G. Cummins (hereinafter called the grantee) his heirs and assigns forever, a certain piece or parcel of land, together with all the buildings thereon standing situated in the said town of Charlestown known as the Gardner Reuben Farm and bounded and described as follows, viz: on the South and East by land of Frank E. Bliven, on the West by the land of the heirs of Henry Kealy, on the North by the land of the heirs of Emily Kealy and land of the heirs of Abbie Crandall, containing by estimation thirty one acres be the same more or less. Also a swamp lot known as Mygate Island, bounded and described as follows, on the North by land of the heirs of John P. Saunders, on the West by land of the heirs of Henry Kealy, on the South by land of Joseph B. Taylor and land of the heirs of Rushiman Crandall, and on East by land of said Alexander G. Cummins, containing by estimation four acres be the same more or less. 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 wise appertaining to the said granted his heirs and assigns forever, to his and their own proper use, benefit and behoof forever,

178 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 said before the executing hereof I am the true, sole and lawful owner of the above bargained premises, and am lawfully seised and possessed of the same in my own proper right as good, perfect and absolute estate of inheritance in fee simple and have in me 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, use, occupy, possess and enjoy the land demised and bargained premises, with the appurtenances free clear, and freely and clearly acquitted exonerated and discharged of and from all and all manner of former or other gifts, grants, bargains, sales, leases, mortgages, entails, jointures, bonnies judgments, obligations and covenants, liens, of whatsoever nature seems, that might in any manner or degree obstruct or make void this present deed. Furthermore, the said grantor for myself, my heirs, executors and administrators do covenant and enlace 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 by these presents. And I Eunice Bliven wife of said Frank E. Bliven in consideration of the sum aforesaid, do hereby release and forever quitclaim with the said grantee his heirs and assigns all my right of dower in and to the aforesaid premises. The condition of this deed is such that whereas I the said Frank E. Bliven have executed my negotiable promissory note for the sum of Four hundred dollars bearing even date herewith and made payable to the order of said Alexander B. Lennox four months after date with interest at the rate of six per centum per annum, payable semiannually till said principal sum is paid whether at a after maturity, and all installments of interest in arrears whether

before or after maturity to bear interest at the rate aforesaid till paid. Now Therefore, if we the said grantors or one heirs, executors, administrators or assigns, or any one person, for us or for them, shall bay 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 we grant to Frank E. Gillmore and Minnie Brown the said grantors do hereby constitute and appoint the said grantors his executors, administrators and assigns our Attorneys irrevocable, with full powers of substitution and revocation for us and in our name or in his or their name or names, at any time in case default shall be made in the payment of said note or of the semiannual interest due thereon, or breach shall be made of the covenants 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 they first giving, after the expiration of said term of ten days, twenty days notice of such sale, it some one of the public newspapers printed in said Westerly and in our names or in their name or names, to make grants, seals, 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 Thereby granting unto our said Attorneys power to continue or adjourn such sale from time to time as do authorize our 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 any interest of said note hereby received, (we hereby agreeing that in case of a sale for default in the payment of semiannual interest or for breach of such covenants of Insurance the principal of said note shall be deemed due and payable in the day of such sale) accounting to us or to our heirs and assigns, all sums over and above the amount thereof we hereby

180 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 one hundred dollars, and that the policies or policies of such Insurance shall be assigned and transferred to the said grantee his heirs and assigns, as collateral security hereby, and in default thereof we do hereby agree that the said grantee his heirs or assigns may effect such insurance, and premiums 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 seal this twelfth day of March in the year of our Lord one thousand eight hundred and ninety. Signed, sealed and delivered in presence of George E Gloross Frank E. Bliven L.S. Minnie Bliven L.S. State of Rhode Island ss County of Washington Sc In Charlestown in said county, on this 1st day of August A.D. 1890 Frank E Bliven 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, Minnie Bliven also personally appeared before me, and being by me examined privately and apart from her said husband acknowledged the same instrument shown and explained to her by me, to be her free and voluntary act and deed and declared to me that she did not wish to resist the same, George E Gloross Notary Public Received for record Aug 2nd 1890 at 3 o'clock P.M. and recorded by George Gloross Town Clerk [Vertical margin text]: Having received from said Frank E Bliven full payment and satisfaction of and for all notes conveyed by him to me secured by mortgage deeds and covenants on the same, Witness my hand and seal this 31st day of July 1890 George E Gloross