12/16/1898 · MORTGAGE · book 13 page 509 doc 5670

Know all men by these Presents, that I John S. Kenyon of Richmond in the County of Washington and State of Rhode Island hereinafter called the mortgagor in consideration of two thousand dollars to me paid by Edwin Brinner of Monroe in County of Windham and State of Connecticut hereinafter called the mortgagee the receipt whereof is hereby acknowledged, do hereby grant bargain sell and convey unto the said mortgagee and his heirs and assigns forever, A certain tract or parcel of land, with a dwelling house, barn and other improvements located thereon, which said parcel of land lies partly in said town of Richmond and partly in the town of Charlestown in said County of Washington and is bounded and described as follows, On the North by land of Mary S. Kenyon, on the East by land of Mary S. Kenyon and George N. Bourgeois, on the South by land of Jno R. Farnsworth, John Chapelfell & others P.W. Wheeler, George Molark, Holbarks E. Conley, John Kelly Holbarks, George N. Bourgeois et al and Edwin Hotell and on the West by land of George N. Bourgeois et al and T.H. Molark or however the said land may be bounded, and estimated to contain at least 150 acres, Having the property conveyed by Charles S. Kenyon, Kenneth H. Kenyon and Susan T. Kenyon to the said John S. Kenyon by deed bearing date the eighth day of June 1841 and recorded in the town of Richmond in book No 13 pages 131 and 132 and also in the town of Charlestown in book No 12 pages 275, 276 and 277 reference to said deed being hereby had, the said land extending from the town of Kenyon farm to called, certain pieces as above mentioned and described, and excepting however from this conveyance certain small parcels a portion of the first hither described land situate in the town of Charlestown which the said John S. Kenyon has since the 8th day of June 1841, conveyed to certain parties; excepting also from this conveyance that portion of the first hereby described property situate in the town of Charlestown which is bounded and described as follows, Beginning at the corner of the property first herein described adjoining the land of John Chapelfell and the highway running from Charlestown to Kenyon, thence Easterly bounded Southerly in the land of said Chapelfell four feet then at a right angle Southerly 500 feet; thence at a right angle Westerly 400 feet more to the said highway running from Charlestown to Kenyon, and thence Northerly bounded Westerly in said highway to the point of beginning. Said portion being the portion

510] of the first herein described property on which are situated nine (9) tenement houses built by the said John S. Kenyon since the conveyance of the first herein described property by Charles M. Kenyon and others to said John S. Kenyon. I have and to hold, the aforesaid premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said mortgagee and his heirs and assigns forever. And I the said mortgagor do hereby covenant with the said mortgagee and his heirs and assigns that I am lawfully seized in fee simple of the said granted premises, that the same are free from all encumbrances that I have good right full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and his heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that I and my heirs, executors and administrators shall warrant and defend the same to the said mortgagee and his heirs and assigns forever against the lawful claims and demands of all persons. And for the consideration aforesaid I, Hattie H. Kenyon wife of said John S. Kenyon do hereby release all my right of dower in and to the said granted premises unto the said mortgagee and his heirs and assigns forever. Provided nevertheless, that this conveyance is made upon the express condition that if the said mortgagee or his heirs, executors, administrators or assigns shall pay unto the said mortgagor his executors, administrators or assigns the sum of three thousand (3,000) dollars whenever the said mortgagor made his negotiable promissory note for said aggregate sum, bearing even date with these presents will be made payable to the order of said Edwin Holmes one year from the date hereof with interest thereon at the rate of six per centum per annum, payable semi-annually in advance until said principal sum is paid, whether at or after maturity and all arrears of interest in arrear whether before or after maturity to bear interest at the rate aforesaid until paid and shall pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises then this deed as also said promissory note shall become and be absolutely null to all intents and purposes whatsoever But if default shall be made in the payment of the said note or of said interest at the time or times and in the

manner aforesaid or of the taxes or assessment aforesaid as the same become payable, or of any of or any of either of them, or of any part thereof or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said mortgagee his executors administrators or assigns, to sell, together or in parcels, all and singular the premises hereby granted or intended to be granted or any part or parts thereof, and the benefit and equity of redemption of the said John S Kenyon and his heirs, executors, administrators and assigns therein, at publick auction upon the premises, and to bid for and become the purchaser or purchasers at any such sale (and as one purchaser or purchasers shall be allowable for the application of the purchase money) first giving notice of the time and place of selling the same at publick sale at least once each week for three successive weeks in some newspaper published in the county of Washington R.I. with power to adjourn such sale from time to time, provided that the publishing of said notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper; and in my or his one name or names or as the attorney or attorneys of the said John S Kenyon (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation) to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed if proceeds of said premises in full simple, and to receive the proceeds of such sale or sales, and from such proceeds to satisfy all sums hereby secured, whether due or to fall due thereafter on the part thereof remaining unpaid, and after the interest due on the same, together with all expenses incident to such sale or sales or for making said security, and for fees of counsel and attorneys, and all costs or expenses incurred in the pursuit of said power, and all taxes, assessments and premiums on insurance, any of them either theretofore paid by the said mortgagee his executors, administrators or assigns or then remaining unpaid, upon said granted premises rendering and paying the surplus of said proceeds of sale if any there be, over and above the amounts so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said John S Kenyon his heirs, executors, administrators or assigns which sale or sales, made as aforesaid shall forever be a perpetual bar both in law and equity against the said John S Kenyon his heirs, executors, administrators and assigns, and all persons claiming said premises so sold

512 they from owner under him, theirs, or any of theirs. And I the said mortgagor, for myself and for my heirs, executors, administrators testators and assigns, hereby covenant with the said mortgagee and his heirs, executors, administrators and assigns, that I and they will upon request execute such a deed of confirmation of said full seisin as may be required. And furthermore I the said mortgagor, for myself and for my heirs, executors, administrators and assigns, hereby covenant with the said mortgagee and his executors, administrators and assigns, that insurance against loss by fire shall be kept and maintained on the premises aforesaid in such office or offices or offices as the said mortgagee and his executors, administrators or assigns shall approve, in a sum not less than two thousand (2000) dollars and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said mortgagee & his executors, administrators or assigns, as collateral security hereon and in default thereof hereby grant that the said mortgagee or his executors, administrators or assigns may effect such insurance in the name of the said mortgagor and his heirs and assigns payable in case of loss to the mortgagee and his executors, administrators or assigns, and that the premiums or premiums paid therefor shall be a further charge upon and warrant premises secured by these presents. In witness whereof we have hereunto set our hands and seals this twenty ninth day of November in the year of our Lord one thousand eight hundred and ninety eight AD 1898 Signed and sealed in presence of Richard B. Connistock John S. Kenyon Ls Alice H. Kenyon Ls Revenue Stamps [illegible] State of Rhode Island County of Providence On Providence on the 29th day of November AD 1898 before me personally appeared John S. Kenyon and Alice H. Kenyon both to me known and known by me to be the parties sealing the foregoing instrument and they acknowledged said instrument they thereunto exposed to be their free act and deed Richard B. Connistock Notary Public Received for recd Dec 16 1898 at 11-25 oclock AM and recorded by George Colonna Town Clerk