The instrument's own words
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newspaper published in Newesterly R.I. that said notice was
published once a week for four successive weeks prior to the
day of sale; that said sale was on the 12 day of August 1897
at 11 oclock sharp on the premises made in my presence and
under my direction by Samuel B. Noble an auctioneer of
said Charlestown pursuant to the notice of sale aforesaid a
copy of hereof is hereby annexed and is as follows,
And I further testify and say that I am duly qualified
by law to sell said premises as aforesaid and that the
statements made in the foregoing deed are correct
George B. Colcross
Administrator
Subscribed and sworn to in Charlestown this 25th day of
August 1897 Before me E. A. At repurposed
Notary Public
Received for record Aug 25 1897 at 4.30 oclock P.M.
and recorded by George Colcross Town Clerk
To All People to whom these Presents shall come, I
Charles H. Gardner of Richmond County of Washington in
the State of Rhode Island and hereinafter called the grantor
Send Greeting, Know ye, that I the said grantor for and in
consideration of the sum of $800 (Eight hundred dollars) to me
in hand, before the executing hereof well and truly paid by
Peter P. Palmer and George B. Colcross both of Richmond County
of Washington State of Rhode Island and hereinafter called
the grantees the receipts whereof I do hereby acknowledge,
and am therewith fully satisfied convenient and paid, and
thereof, and of every part and parcel thereof do spontaneously acquire
and discharge all said grantees and their heirs executors and
administrators forever By these presents have given granted,
bargained sold aliened enfeoffed conveyed and
confirmed, and by these presents do fully fully and
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364. absolutely grant, bargain, sell, alienate, release, convey and
confirm unto the said grantees and their heirs and assigns
forever, one certain lot or parcel of land situated at Enumerating
Beach, in the town of Charlestown, county of Washington &
State of Rhode Island, bounded and described as follows,
beginning at the southeast corner of the lot herein conveyed,
and running along the [illegible] to be measured from Byron S. Reynolds
southeast corner) Thence Westerly on a parallel line with
Byron S. Reynolds's line a distance of (110) one hundred and ten
feet, thence northerly bounded Westerly by said Reynolds
land to be land of William Lewis, thence Easterly bounded
northerly by said Lewis land (110) one hundred and ten feet
to the highway, thence northerly bounded Easterly by the
highway (32) thirty two feet to the corner or bound first named,
together with a cottage house and other buildings thereon standing,
reference being had to a more particular description of the
said lot of Byron S. Reynolds to Charles B. Gardiner and
which deed is made a part of this deed.
To have and to hold, the said granted and bargained premises
with all the appurtenances, privileges and commodities
to the same belonging in full use admitting to the
grantees and their heirs and assigns forever to them
and theirs only proper use, benefit and behoof, forever.
And I the said grant to myself and my heirs,
executors and administrators, covenant, promise and
grant to & with said grantees and their heirs and
assigns, that it 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 any one other brother right as is good, perfect and
absolute estate of inheritance in fee simple, and have
in 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 grantees and their heirs and assigns, shall
and may from time to time, and at all times forever,
masterly by face and voice with these presents lawfully,
peaceably and quietly, have, hold, sell, occupy, possess &
enjoy the said demised and bargained premises,
with the appurtenances free and clear, and truly and
clearly acquitted, released and discharged of and from all,
and all manner of former or other gifts, grants, bargains,
sales, leases, mortgages, wills, entails, tenures, dowries,
judgments, covenants and encumbrances, of what manner a
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nature sooner, that might in any measure or degree obstruct a more
rapid the current said sale. Furthermore, I the said grantor do
for myself and for my heirs, executors and administrators do covenant
and engage the above summed premises to the said grantee and
their heirs and assigns against the lawful claims or demands
of any person or persons whatsoever, for however same and
secured by these presents. And I, Eliza A. Gardner the
wife of Charles L. Gardner in consideration of the sum summed
one thousand as nearly release and forever quitclaim unto the
said grantee and their heirs and assigns, all my right
of dower in and to the aforementioned premises.
The condition of this deed is such that whereas I the said
Charles L. Gardner have executed my negotiable promissory
note on the sum of $800 Eight Hundred dollars or summed
bearing oven date herein and made payable to the sole
of Peter P. Palmer and George S. Doyle with interest at the
rate of 6% six per centum per annum payable semi annually
till said principal sum is paid first, whether at or after maturity
and all installments of interest in arrears whether alone or
altogether maturity, to bear interest at the rate caused till paid
Therefore, 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 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
and their executors, administrators and assigns my attorney
irrevocable, with full power of substitution and revocation
for me and in my name, or in his or their name named,
at any time, in case default shall be made in the
payment of said note or of the covenants interest due
thereon, or breach shall be made of the covenants
hereinabove mentioned, and such default or breach
shall continue for the term of ten days, to sell by public
auction the premises 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 Providence in County R.I. 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 thereon, and on sale thereof.
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366 Hereby granting unto my said Attorneys power to execute and continue
or adjourn such sale from time to time and lets authorize
my said Attorneys to receive 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 distribute to the various
uses of the payment of the amount of money loaned and
secured by said note hereby conveyed. I hereby agreeing that
in case of a sale for default in the payment of said sum,
amount loaned or on breach of such covenants or assurances
contained in said note shall be deemed due and payable
on the day such sale occurs to me or my heirs and
assigns, all sums over and above the amount thereof.
I hereby ratifying approving and confirming whatever sale
or sales may be made or caused to be made by my virtue
thereof.
Furthermore, I the said grantor for
myself and in my heirs, executors, administrators and
assigns, do hereby covenant with the said grantees and their
heirs or assigns, that Insurance against over by fire shall
be kept and maintained upon the buildings on the premises
described, in a sum not less than one hundred Dollars,
and that the policy or policies of such Insurance shall be
assigned and transferred to the said grantees and assigns
as collateral security hereto, and in default thereof I do
hereby agree that the said grantees or assigns may effect
such Insurance, and premiums paid thereon
shall be a further lien upon the said estate added to the
amount loaned note and secured by these premises.
In testimony whereof we have hereunto set our names
and seals this 2nd day of August in the year of our Lord
one thousand eight hundred and ninety seven 1897.
Signed sealed and delivered
In presence of
John L. Kenyon
Lephas L. Gardner L.S.
Eliza A. Gardner L.S.
State of Rhode Island
County of Washington Sc.
In Richmond this 2nd day
August AD 1897 before me personally appeared Lephas L.
Gardner to me known and known him to be the party
securing the foregoing instrument and the acknowledged said
instrument by him signed to be his free act and deed
John L. Kenyon
Notary Public