11/4/1890 · MORTGAGE · book 12 page 208 doc 5202

208 To all People to whom these Presents shall come I John Ho. Perry of Charleston R.I. hereinafter called the Grantor, Do let Greeting, Know ye, that I the said grant for and in consideration of the sum of Eighty Dollars to me in hand, before the sealing hereof, well and truly paid by George W. Torres of said Charleston hereinafter called the grantee the receipt whereof I do hereby acknowledge and am therewith fully satisfied, contented and paid; and of thens and of every part and parcel thereof, do exonerate, acquit and discharge the said grantee his heirs, executors and administrators forever by these presents have given, granted, bargained sell, aliened, enfeoffed, conveyed and confirmed and by these presents do fully, fully and absolutely quit, grant bar gain sell, alien, enfeoff, convey and confirm unto the said grantee his heirs and assigns forever, All the right title and interest I have in the following described tract of land, the first tract contains twelve poles broad and is the same premises I hold by deed from Oliver P. Johnson dated Aug. 18th 1841. The second tract is bounded as follows, on the North by land formerly of Thomas Rogers on the East by a highway on the South by land of the heirs of James R. Matthews and on the West by land of Roy Fisher. The third tract is land which I hold by indenture from my parents Chapman & Frances Perry and is bounded on the West & North by land of Hannah White, East by hand of Matilda Condison and South by the Saw Mill road so called, the fourth tract is known as the Thomas Rogers land bounded Northerly & Easterly by a highway, Southerly by land of the grantor and Westerly by land of George H. Annenes in however either of said tracts may be bounded, all being situated in said Charleston, To have and to hold, the said granted and bargained premises, with all the privileges, appurtenances and commodities to the same belonging, or in any wise appertaining to the said grantee, his heirs and assigns forever to his and their only proper use, beneficial and legal forever. And I the said grantor for myself my heirs expectors and administrators, do covenant Promise and grant to and with said grantee his heirs and assigns that at and before the sealing hereof and for all the time, 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 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 here after by force and virtue of these presents lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy the said demised and bargained premises with the appurten ances free and clear and full and clearly acquitted, exonerated and discharged of and from all and all manner of tenures or other gifts, grants bargains, sales, leases, mortgages, wills entails priorities, damages judg ments, 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 seize and defend by these presents. The consideration of this deed is such that whereas I the said John Ho Perry have speculated my negotiable promissory note for the sum of fifty dollars bearing even date herewith and made payable to said George L. Converse or eight months after the date with interest at the rate of seven per centum, per annum, payable semiannually till said principal sum is paid, whether at or after maturity, and all interest in arrears to bear interest as aforesaid till paid. And therefore if I the said John Ho Perry or my heirs executors, administrators or assigns or any other person for me or for them shall have paid 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 John Ho Perry do hereby constitute and appoint the said grantee his executors, administrators and assigns my attorneys irrevocable with full power of substitution and revocation for me and in my name or in their names at any time in case default shall be made in the payment of my said note or semiannual

210 interest due them, and such default shall continue for the term of ten days, to sell at public auction at such time and place, on the premises or not as they deem advisable, the premises aforesaid, or any part thereof, and to bid upon and become a purchaser thereof they shall being after the expiration of said term of ten days two monthly notices of such sale in some one of the public newspapers published in said Washington County in my name or in their 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, having granting unto my said attorneys full power to continue a adjournment such sale from time to time. I do authorize my said attorneys to receive the amount the sums may be sold for and after the payment of all the expenses incident to such sale or sales to apply and apply therefore private the residue thereof to the payment of the amount of principal and interest of said note hereby recouped, I hereby agreeing that in case of a sale for default in the payment of said renewal annual interest on the principal of my said note shall be declared due and payable on the breach of such note accounting to me 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 made or caused to be made by virtue hereof. In Testimony whereof I have hereunto set my hand and seal this fourth day of November A.D. 1890. In Presence of Charles Lorres John H. Perry S.S. State of Rhode Island ss County of Washington ss Scituate this 4th day of November Ad 1890 John H. Perry personally appeared before me and acknowledged the foregoing instrument be his have signed, to be his free and voluntary act and deed. Charles Lorres Justice of the Peace Received for record Nov. 4. 1890 at 4 o'clock P.M. and recorded by George G. Lorres Town Clerk