7/8/1957 · RELEASE · book 36 page 40 doc 5375@36/40

40 We, RANDOLPH HOLBERTON and MADELINE HOLBERTON, his wife, of the Town of Richmond in the State of Rhode Island, for consideration paid, grant to RHODE ISLAND EPISTOLAR CONVENTION, a corporation established under the laws of the State of Rhode Island, with WARRANTY COVENANTS that certain tract or parcel of land with all buildings and improvements thereon, situated in the Town of Charlestown, bounded on the north by the State High-way to Sand Plain, so-called, or at a line of vacancy of the Shoreline in the Town of Charlestown in the Town of Charlestown as follows: bounded and described as follows: Commencing at the northeasterly corner, of course of said tract at an iron pipe in the boundary on the ground at the northeasterly corner of land formerly of George R. Holberton; thence northerly along said boundary to the intersection with Sand Plain, so-called, thence northeasterly along said highway to a stone wall, and thence southeasterly along said stone wall an odd part thirty eight (38) feet to the end of a stone wall; thence north northeasterly--- [?] distance one hundred nineteen (119) feet to a corner of two stone walls at said State Highway thence west south along a stone wall including some fence walls at said State Highway distance one hundred twenty (120) feet to a line land now or formerly of Charles F. Kenyon and land now or formerly of Hiram L. Brunskill a distance of two hundred forty nine (249) feet to a line land now or formerly of Welcome S. Carmichael a distance of two hundred sixty one (261) feet to a line land now or formerly of Welcome S. Carmichael but on a stone wall straight a line distance of one hundred twenty (120) feet to a corner of said tract at an iron pipe in the boundary on the ground at land formerly of George R. Holberton thence north by east thirty eight (38) feet to the intersection with Sand Plain, so-called, thence southeasterly distance one hundred sixty two and onehalf (162 1/2) feet, more or less, to the point and place of beginning--- Subject to rights-of-way reserved or referred to in deed from Welcome S. Carmichael to George R. Holberton dated August 22, 1924 and recorded in Records of Land Evidence in said County in Book 24 page 110 and subject to finance obligations contained in said deed, also to taxes assessed as of December 31, 1956. I, said Madeline Holberton, expressly release to said grantee all my right of dower in and to the granted premises. WITNESS our hands this 3rd day of July, 1957. RANDOLPH HOLBERTON MADELINE HOLBERTON (DOCUMENTARY STAMPS, $1.10) STATE of RHODE ISLAND, } } County of Providence } In Providence in said County on the 3rd day of July, 1957 before me personally appeared the above named Grantors Randolph Holberton and Madeline Holberton, his wife to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. BRUCE H. ZEISER Notary Public Received for record July 5th, A. D. 1957 at 9:55 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that WHEREAS Edward C. Duhamel and Harriet M. Duhamel did convey certain premises in the Town of Charlestown, Rhode Island to Marilyn L. Almy and Leonard A. Almy, by deed dated November 18, 1955, recorded in Book 35, page 520 of the Land Evidence Records of said Town; WHEREAS, said grantors imposed certain restrictions upon the use of said premises and restrictions No. 2 is as follows: "No food, food products, or alcoholic beverages shall be prepared, processed, sold or offered for sale on said premises." NOW, THEREFORE, we, said Edward C. Duhamel and Harriet M. Duhamel, in consideration of one dollar and other valuable considerations, received to our full satisfaction of said Marilyn L. Almy and Leonard A. Almy, do hereby release said restriction No. 2 in so far as it affects

the right of said grantees to prepare and process food, food products, or alcoholic beverages for their own personal purposes, as said restriction was only intended to prohibit the use of said premises for commercial purposes in so far as said food, food products or alcoholic beverages are concerned. All other restrictions imposed in said deed shall be and remain in full force and effect. This waiver shall be binding upon and enure to the benefit of the respective parties, their heirs, executors, administrators and assigns. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 20th day of June, 1957, at Westerly, Rhode Island. EDWARD C. DUHAMEL HARRIET M. DUHAMEL Witness: Arthur D. Duhamel Cara V Duhamel Received for Record July 8th, A. D. 1957 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, LEONARD A. ALMY and MARILYN L. ALMY, husband and wife, of Charlestown, Rhode Island, hereinafter called the "mortgagors," in consideration of Six Thousand & 00/100 ($6,000.00) Dollars, to us paid by INDUSTRIAL NATIONAL BANK OF PROVIDENCE, a national banking association organized and existing under the laws of the United States of America, with its principal place of business in the City and County of Providence in the State of Rhode Island, hereinafter called the "mortgagee," the receipt whereof is hereby acknowledged, do hereby grant to the mortgagees, its successors and assigns forever, with MORTGAGE COVENANTS, to secure the payment of the principal and interest of a certain promissory note of the mortgagor of even date herewith and bearing the serial number hereof, the following: That certain tract or parcel of land together, with the buildings and other improvements there erected, known as the "Old South Farm" in Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: BEGINNING at a point on the northerly side of the State Highway, commonly known as the Post Road; at the southeasterly corner of the acreage of Joseph P. Choudries and Virginia P. Choudries; thence running northerly bounded westerly by said Choudries land a distance of 200 feet to a point; thence running easterly along the northerly line of said land a distance of 150 feet to a point; thence running southerly, a distance of 325 feet to a point marking the northeasterly corner of the premises herein conveyed; thence running southerly, bounded easterly by the acreage of the heirs of Emery and Elizabeth Almy, ux, a distance of 200 feet to the northerly boundary line of said State Highway, a distance thence running easterly along said State Highway, a distance of 150 feet to a point BEGINNING at the point and place of beginning. Being the same premises conveyed to the mortgagors by deed of Edward C. Duhamel, and Harriet M. Duhamel, dated November 10th, 1957 and recorded in Book 36, page 40 This mortgage is made in the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; pro- vided however, that publication of notice of a foreclosure sale may be made alternatively is a local newspaper published in the town where the premises are located; a foreclosure sale may be held upon the premises or elsewhere at the option of the mortgagee, as specified in said notice. This Mortgage is made subject to those additional covenants and agreements contained in a STATEMENT OF CONDITIONS and AGREEMENTS, dated July 5th, 1957, executed by the mortgagor, the receipt whereof is hereby acknowledged, the exact terms of which are on record in said premises Land evidence book 36, page 40, in Charlestown, Rhode Island, and the mortgagors hereby agree to be bound by the terms thereof, and if default shall be made in the performance or observance of any of the same, it shall be lawful for the mortgagees to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for the consideration aforesaid, we, said mortgagors, release to the mortgagees all right of (downer) (curtesy) and all other rights, statutory or otherwise, in the aforementioned premises. IN WITNESS WHEREOF, the parties have executed these presents on the 5th day of July, 1957. Executed in presence of Fred Rayner LEONARD A. ALMY MARILYN L. ALMY