11/26/1890 · MORTGAGE · book 12 page 216 doc 5207

216 To All People to whom these Presents shall come: We Edmund P. Rose and Emma Rose wife of said Edmund P. of Charlestown in the State of Rhode Island hereinafter called the grantors Send Greeting Know Ye That we the said grantors for and in consideration of the sum of five hundred dollars to us in hand paid the receipt thereof well and truly paid by John S Renshaw of Richmond RI hereinafter called the grantee the receipt whereof we do hereby acknowledge, and are therewith fully satisfied, contented and paid; and thereof, and of every part and parcel thereof Desiring to separate, acquit and discharge the said grantee this her successors and administrators forever by these presents have given, granted, bargained, sold, alienated, conveyed, conveyed and confirmed, and by these presents do freely fully and absolutely grant bargain sell transfer convey and confirm unto the said grantee his heirs and assigns forever, a certain tract of land situated in said Charlestown with a dwelling house and other buildings thereon, and containing four acres more or less and bounded as follows Beginning at a stone post at the corner of land of the heirs of Henry Renshaw located at the highway, North Southerly boundary bounding on said highway to land of Albert D. Burdick, Thence Northwesterly bounding partly in said Burdick's land and partly on land of Elijah S. land to a stone post near a gate, thence Easterly about 20 rods to another stone post thence Southerly a straight line bounding on land of said M & Albert H. Rose to the place of beginning or however otherwise bounded. 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 grantee his heirs and assigns forever to his their own proper use, benefit and behoof forever. And we the said grantors for ourselves our heirs, executors and administrators do covenant, promise grant and to grant to and with said grantee his heirs and assigns That but and before the ensealing hereof we are the true sole and lawful owners of the above bargained premises and are lawfully seized and possessed of the same in our own proper right right as good perfect and absolute estate of inheritance in fee simple; and have in ourselves a good right full power and lawful authority to grant bargain sell

convey and confirm the said bargained premises in a 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 lease and virtue of these present, lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy the said devised and bargained premises with the appurtenances free and clear, and fully and clearly acquitted, exonerated and discharged of all and from all and all manner of former or other gifts, grants bargains, sales, leases, mortgages wills, entails, jointures dowries judgments executions and other branches, of what name or nature soever, that might in any measure or degree obstruct or make void this present deed. Furthermore, we the said grantors for ourselves and for our heirs executors and administrators, do covenant and convey 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 secure and defend by these presents The condition of this deed is such That whereas we the said Edwin P. Rose & Emmer Rose have granted one negotiable promissory note for the sum of five hundred dollars, bearing even date herewith and made payable to the hand of John S. Conant one year after date 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 of the rate aforesaid till paid. Now therefore if we the said grantors or our heirs, executors, administrators or assigns, or any other person for us 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, we the said grantors do hereby constitute and appoint the said grantee his executors, adminis- trators and assigns our attorneys irrevocable with full powers of substitution and revocation for us land in our name or in his or their name or names at any living in case default shall be made in the payment of one 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

218 aforesaid, or any part thereof they first giving, after the expiration of said term of ten days, twenty days notice of such sale, in some one of the public newspapers printed in this State and in our 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 dale thereof (hereby granting unto our said attorneys power to continue or adjourn such sale from time to time,) we do also authorize our said attorneys to receive the amount the same may be sold for, and after the payment of all the expenses incurred in and sale of saids, to apply and be appropriate the residue thereof to the payment of the amount of principal and interest of said note hereby assumed, and we hereby agreeing that in case of a sale not fully sufficient in the payment of said annual interest the principal part of said note shall be deemed due and payable on the day of such sale) accounting to us on our own and behalf and assigns for all sums over and above the amount thereof we hereby ratifying, approving and confirming such sale or sales as may be made or caused to be made by virtue of this hereof. In testimony whereof we have hereunto set our hands and seals this 26 day of November in the year of our lord one thousand eight hundred and ninety. Signed, sealed and delivered in presence of William J. Hibshol Joseph E. Co. Lanshear Edmon P. Rose L.S. Emma S. Rose L.S. State of Rhode Island ) County of Washington ) ss. Town of Charlestown this 26th day of November AD 1890 Edmon P. Rose personally appeared before me, and acknowledged the foregoing instrument, by him signed to be his free and voluntary act and deed; and then there the above named Emma S. Rose also personally appeared before me and was by me examined privately and apart from her said husband and while so privately and apart I showed and explained to her the forgoing instrument by her signed and she acknowledged the same to be her full and voluntary act and deed and declared to me that she did not wish to retract the same. Joseph E. Co. Lanshear Justice of the Peace & Notary Public Received for record Nov 26, 1890 at 10 o'clock and recorded by George Calones from L.S.