The instrument's own words
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282
To All People to whom these Presents shall come
I Benjmn H. Ward of Portland in the State of Oregon
hereinafter called the grantor, do hereby Declare Known that
That I the said grantor for and in consideration of the
sum of Twenty five hundred (2500) dollars to me in
hand before the executing hereof well and truly paid by
the Kingston Savings Bank of South Kingston Rhode
Island hereinafter called the grantee, the receipt whereof
I do hereby acknowledge, and am herewith fully satis
contented and paid; and thereof, and of every part and
parcel thereof to exonerate acquit and discharge the
said grantee its successors and assigns forever by
these presents, have given, granted, bargained, sold,
devised enrolled, conveyed and relinquished, and by
these presents do hereby fully and absolutely give,
grant, bargain, sell, alien, enroll, convey and
confirm unto the said grantee its successors and
assigns forever, a certain farm containing forty acres
more or less with a dwelling house and other Buildings
thereon, situated in the town of Charlestown, County
of Washington State of Rhode Island, bounded
Northerly by the East Road, Easterly by land of
Joseph & Branning and wife, Southerly by land of
Benjamin B. Green and this grantor, and Westerly by
the Mill Brook and Salt Pond Also one other
tract containing twenty five acres more or less, situated
in said Charlestown, bounded Northerly by land of
Benjamin B. Green say grantor, Easterly by said known
and Southerly and Westerly by the Salt Pond or however
otherwise either of said tracts may be founded,
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 apper
taining to the said grantee its successors and assigns forever,
to its and their only proper use, benefit and behalf forever
And I the said grantor for myself and for my heirs
executors and administrators do covenant and promise
and grant to and with said grantee its successors and
assigns, that at all and before the executing hereof I am
the true, sole and lawful owner of the above bargained
premises, and am lawfully seized and possessed of
the same in my own proper right as good, perfect and
absolute estate of inheritance in fee simple; and
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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 its successors and assigns, shall and may from
time to time, and at all times from hereafter, lawfully, peaceably and
quietly of these presents lawfully, peaceably and quietly
have, hold, set, occupy, possess and enjoy the said demised
and bargained premises, with the appurtenances free and
clear, but fully and clearly acquitted exonerated and
discharged of and from all and manner of former
or other gifts, grants, bargains sales leases, mortgage
mills, estates, tenures 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 to myself my heirs executors and admini-
strators do covenant and league the above demised
premises to the said grantee its successors 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 I
the said Benoni M Ward have executed my negotiable
promissory note for the sum of Twenty Five Hundred
Dollars (2500) bearing oven date herewith and made
payable to the order of the Kingston Savings Bank
six months after date with interest at the rate of
six per centum per annum, payable semiannually
in advance until said principal sum is paid whether
at or after maturity, and all installments of interest
in arrears, whether before or after maturity To bear
interest at the rate aforesaid until paid
Now therefore 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 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 its successors and assigns
my attorneys irrevocable, with full powers of substitution
and revocation for me and in my name or in its or
their name or names any thing in case default shall
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284
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, first giving, after the expiration of said term
of ten days, twenty days, notice of such sale, in some
one of the public newspapers published in Washington County
once or more, 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 of
sale thereof, (hereby granting unto my said attorney
power to continue or defer such sale from time to time
as authorise my said attorney) & when he recovers 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 ceded, I
do hereby agreeing that in case of a sale for default in
the payment of said 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, accordingly
to me or my heirs and assigns, for all sums owe 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.
Furthermore I
the said grantor, for myself and for my heirs, executors,
administrators and assigns, do hereby covenant with the
said grantee & its successors or assigns that Insurance
against loss by fire shall be kept maintained upon
the buildings on the premises aforesaid, in a sum not be
less than Two thousand (2000) dollars, and that the policy
or policies of such Insurance shall be assigned and
transferred to the said grantee its successors and assigns
as collateral security hereto, and in default thereof, do
hereby agree that the said grantee its successors or
assigns may effect such Insurance, and premiums
or premiums 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 I have hereunto set my
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bound and seal this sixth day of June in the year of our
Lord one thousand eight hundred and ninety one.
Signed, sealed and delivered
in presence of George H. Ward S.S.
J. M. Frazer
W. H. Melly
State of Oregon
County of Multnomah Ss
On the city of Portland Oregon this
sixth day of June AD 1891 before me the undersigned
a notary public for said county and state George H.
Ward personally came to me personally who personally appeared
before me and acknowledged the foregoing instrument
by him signed to be his free and voluntary act and
deed.
J. M. Frazer
Notary Public for Oregon
S.S.
Received for record July 18th 1891 at 9 oclock A.M.
and recorded by George L. Cross Town Clerk
For transfer and discharge of this mortgage see
Book No 13 page 243.