12/24/1894 · DEED · book 13 page 64 doc 5408

64 To all to whom these presents shall come, Whereas, Anne P. Green of Charlestown, in the county of Washington Rhode Island did on the sixteenth day of April 1877 make and execute a certain deed of mortgage of certain real estate situated in said Charlestown to William H. B. Barney to secure the payment of a certain promissory note, as will more fully appear by reference to said deed of mortgage, which I recorded in the records of said Charlestown for recording mortgages of real estate in Book 10 at pages 473 and 474. And whereas said Anne P. Green by said mortgage did fully authorized and empowered the said William H. B. Barney with his executors Administrators and assigns, to sell and convey the premises described in and conveyed by said mortgage deed, under the conditions and in the manner specified in the same, either in the name of said Anne P. Green or in the name of said William H. B. Barney his executors administrators and assigns. And whereas in said deed of mortgage named Nancy H. Green wife of said Anne P. Green and Ellas her lawyer and guide in the power of sale aforesaid, And whereas said William H. B. Barney by deed dated April 19 Ad 1877 and recorded in Book 10 at page 509 in said records did assign to Edwin A. Smith of Providence Rhode Island, his executors, adminis- trators and assigns forever, all his rights title and interest in and to said mortgage deed and to the premises therein described, and the debt thereby secured; and did substitute and appoint said Edwin A. Smith to be the Mortgagee of said Anne P. Green and Nancy H. Green under said deed, and whereas the aforesaid mortgage deed was made and given on the condition that if the promissory note mentioned and described therein, and the interest thereon, should be paid according to the tenor of their and deed, to be void, otherwise to be and remain in full force and effect. And whereas default was made in the execution of said deed, in this: the interest on said promissory note and the said promissory note became due and payable and remained unpaid for more than ten days from the maturity thereof and before the giving of the notice of sale by advertisement as heretofore mentioned. And whereas the said Edwin A. Smith did, after the said default had continued more than ten days, advertise the premises described in said deed, for sale at public auction in the Manufactures.

and Farmers Journal, one of the publick newspapers printed in the city & Province for more than twenty days before the day of the sale named therein, and therein gave notice of his Intention to bid upon the property advertised at said sale thereof. And whereas at a publick auction held on the premises hereinafter mentioned on the sixth day of December AD 1799 at three o'clock P.M. in pursuance of and in accordance with said advertisement and notice of sale the said premises were purchased by said Edwin A. Smith he being the highest bidder thereof for the sum of nine hundred dollars. Know all men by these presents that we Amos Green and James [illegible] by and by our attorney Edwin A. Smith, duly authorized in and by said mortgage and in consideration of the sum of nine hundred dollars to us paid by said Edwin A. Smith the receipt of which is hereby acknowledged, have given, granted, bargained sold and conveyed, and by these presents do give, grant bargain, sell, convey and confirm unto the said Edwin A. Smith and his heirs and assigns, his forever, two certain lots of land situated in said Berkshire town. The first lot containing sixty acres more or less, with a dwelling house and other buildings thereon, bounded Northerly partly by land now or formerly of the heirs of William Board of E. and P. and formerly of H. Sisson, Easterly partly by a highway and partly by land of or formerly of Henry Johnson, Southerly partly by a highway, and partly by land of or formerly of the heirs of said William Board of E. and Westerly by land of or formerly of George Card. Reserving the said first lot aforementioned and received in a deed from Welcome Card dated January 7, 1767 and duly received in said Berkshire town. The second lot contains forty acres more or less and is bounded Northerly partly by land of or formerly of Bethuel Weber and partly by a highway, Easterly by land of or formerly of the heirs of William Card of E, Southerly by land of or formerly of said heirs and Westerly by land of or formerly of land Thars and partly by a highway or however said lot may be bounded. Being the same premises described in said mortgage deed. To have and to hold the same, with all the rights, privileges and appurtenances thereto belonging, unto the said Edwin A. Smith his heirs and assigns to him and his benefit and behoof forever. In witness whereof we by our said attorney hereunto set our hands and

66 sealed this 21st day of December in the year of our Lord one thousand eight hundred and ninety four. Signed, sealed and delivered in presence of Louis own L. Angell Amos P. Greene by Edwin A. Smith Atty Sol Harvey M. Greene by Edwin A. Smith Atty Sol State of Rhode Island Providence SS In the City of Providence this twenty first day of December AD 1899 personally appeared before me the above named Edwin A. Smith Attorney for Amos P. Greene and Harvey M. Greene and acknowledged the above instrument to be his free and voluntary act and deed, and the free and voluntary act and deed of said Amos P. Greene and Harvey M. Greene Louis own L. Angell Notary Public I Edwin A. Smith make affidavit and say: I am the person who caused the sale mentioned in the preceding deed to be made. The following is a copy of the advertisement in pursuance of which such sale was made. [illegible] Said advertisement was published in the Manufacturers and Farmers Journal a public newspaper published in the City of Providence seven times to wit: November 19 1899 and each succeeding Monday and Thursday until the date of the sale. The said sale was made at public venue at the time and place designated in said advertisement and the premises were sold by Samuel B. Horris a duly qualified auctioneer to Edwin A. Smith who was the highest bidder therefor for the sum of nine hundred dollars Edwin A. Smith State of Rhode Island Providence SS In the city of Providence this twenty first day of December AD 1899 personally appeared before me the above named Edwin A. Smith and made oath that the above statement signed by him is true Louis own L. Angell Notary Public Received for record Dec 24 1899 at 11-30 o'clock pm and recorded by George Colvin Town Clerk