The instrument's own words
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83
Vars and Ella G. Vars his wife to me personally known to be
the same persons described in and who executed the within
instrument and severally acknowledged that they executed the
same.
L. C. Van Fleet
Notary Public
State of New York
Allegany Co. Clerks Office
L.S.
I, own A. Green Clerk of the County of Allegany
and also Clerk of the County and Supreme Court for the
said County, the same being Courts of record in state, do hereby certify
that L. C. Van Fleet Esq. before whom the annexed instrument
in writing was proved or acknowledged, was, at the time of
taking such proof or acknowledgment, a Notary Public in and
for said County duly appointed, sworn and authorized to take
the same, and that his hand and seal appertaining with this
handwriting, and verify believes that the signature to said
certificate of proof or acknowledgment is genuine and
that said instrument is executed and acknowledged according
to the laws of this state)
In witness whereof I have hereunto set my hand
and affixed the seal of said Courts and County at
Belmont this 11th day of February AD 1895
Geo. A. Green
Clerks of Allegany County
Received for record March 5/1895 at 11-30 oclock P.M.
and received by George A. Green Court Clerk
To All People to whom these presents shall come,
I, John E. Dupler of Charlestown, in the County of Washington
in the State of Rhode Island, hereinafter called the grantor,
Send Greeting. Know ye, that I the said grantor do grant and
in consideration of the sum of One Hundred dollars to
me in hand, before the conveying hereof, well and truly
paid by Oliver E. Vars of Belmont Allegany County & State
of New York hereinafter called the grantee the aforesaid
whereof I do hereby acknowledge and am therefore
fully seized, contented, convinced and paid; and thereof, and
of how part and parcel thereof, do separate, acquit and
discharge the said grantee Oliver E. Vars & his heirs,
executors and administrators forever by these presents, have
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given, granted, bargained, sold, aliened, enfeoffed, conveyed
and confirmed, and by these presents do grant, bargain, sell, assign and
convey unto the said party grant bargain sell, assign, enfeoff, convey, merge
and confirm with the said party all that piece or parcel of land situate in the town
of [illegible] county Rhode Island as follows above written and
described as follows: [illegible]’s testimony be it known that I
Benjamin Barnes, residently by a testament containing a sum of money to
Benj. Barnes, [illegible] in the year of 1754. Of Henry & Elizabeth by
the intervening deed, meaning & intending to convey, secure the same
as was deeded to me by the said party the aforesaid land
of 7 acres 1754 & which index benefitted to him be
the same. Whereas Polidory in testimony of his presence witnessed,
as estimation twenty and four witnesses to the same, now a law,
to have and to hold the said granted and bargained
premises, with all the appurtenances belonging & appertaining to
the same became, or in any way belonging to the said
said party over with all rights, privileges to him then
still possess, use, enjoy without any bother. Given the
said party for yourself and for your heirs expectant and
assigns forever, as lawfully fortunate and grant to use and
with the said party to time this said right obligations, that
not within the succession heirs to him the same, the said
rightful owner of the local bargained premises, and now
rightful seized and possessed of the same in my own
proper right as good, perfect and absolute title of inheritance
of the simple land. Have in many rightful and full
proper and lawful warranty by grant bargain sell,
convey and confirm the said bargained premises in
manner as aforesaid. And that the said party granted &
his heirs and assigns shall and may have and hold to
them, and it all times forever, hereafter, by force and
virtue of this present warranty, lawfully, peaceably and quietly
the said land, meadows, pasture and enjoy the said
land, mead, meadows, pasture and enjoy the said
land and bargained premises, both the aforesaid
free and clear, and freely and clearly devoid of all manner of
land listed’s of it, and free and clear of all manner of
former or other gifts, grants, bargains, sales, leases, mortgages
liens, claims & fixtures, decrees, judgments, executions and
encumbrances, of what name or nature soever, that
might in any way measure or degree obstruct or make
void this present deed.
Furthermore, I the said grantor for myself & for any
heirs, executors and administrators, do covenant and
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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 secure and defend, by
these presents.
And I Samuel S. Dexter noble of
said John E. Dexter in consideration of the sum paid me aforesaid,
do hereby release and forever quitclaim unto the said grantee
his heirs and assigns, all my rights of tenure in and to the
above described premises. The condition of this
deed is such that whereas I the said grantor have executed
a note payable to his order for the sum of one hundred
dollars the same being due hereunto and made payable to
the order of Oliver E. Ward six months from date with
interest at the rate of six per centum per annum, payable
remuneratively till said sum and service shall be paid, whether
it be before or after maturity, and all installments of interest in
arrears, whether before or after maturity, to bear interest at
the rate aforesaid till paid.
Now therefore, if the said grantor or his heirs executors
administrators or other person, for me or
for them, shall have said note and all interest thereto accruing the
interest therefore according to the tenor thereof this deed
shall be null and
void force and effect.
Furthermore I the said grantor do hereby constitute and
appoint the said grantee or his heirs executors administrators and
assigns, my Attorney immovable, with full powers of
substitution and revocation, for me and in my name or
in his or theirs manner or manners, at any time in case
default shall be made in the payment of the said note
or to conventional mutual interest thereon and such default
shall continue for the term of ten days, to all purposes
condition the premises acquired or any part thereof they
first giving notice after the expiration of said term ten days
twenty days notice of such default in some one of the
humble manuscripts printed in Washington County Rhode
Island 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 the simple tenure therein, and on
sale thereof hereby granting unto my said Attorneys
power to continue & adjourn such sale from time to
time) to do anything my said Attorneys to receive
the amount the same may be sold for and after the
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86 payment of said note, the expenses incident to such sale or sales,
is subject and subordinate the residual security to this payment
of the amount of principal and interest of said note hereby
reserved, I hereby agreeing that in case of a sale for
default in the payment of said semiannual interest
or principal of said note shall be caused me and
payable in the day of such sale (accounting to me or my
heirs and assigns for all sums over and above the
amount thereof, I hereby ratifying, approving and
confirming such sale to satisfy the same may be made
or caused to be made by virtue hereof.
In testimony whereof we have hereunto set our hands
and seals this twelfth day of Feby in the year of our
lord one thousand eight hundred and ninety five,
Signed, sealed and delivered
in presence of
Eskine J. Crumm John E. Taylor L.S.
Enoch M. Vane Susan E. Taylor L.S.
State of Rhode Island bey
County of Providence, SS
On this twelfth day of Feby A.D.
1895, John E. Taylor personally appeared before me
and acknowledged the foregoing instrument be by him
signed to be his free and voluntary act and deed;
and then and there the above named Susan E. Taylor his
wife also personally appeared before me and made by me
examined privately and apart from her said husband,
and to whom privately and apart I showed and explained
to her the foregoing instrument by her signature and the
acknowledgment of the same to be her free and voluntary
act and deed, and declared to me that she did not wish
to retract the same.
Enoch M. Vane
Notary Public L.S.
Received for record March 6th 1895 at 11.30 oclock a.m.
and recorded by George G. Coross Town Clerk
To whom it may concern, This is to certify that the
within mortgage is this day cancelled, released discharged
and paid up in full. Dated this 21st day of June A.D. 1895
Oliver E. Vane
Ella S. Vane
Andrew A. G.
Discharge recorded July 2 1895 by George G. Coross Town Clerk
The page as recorded
