12/26/1900 · MORTGAGE · book 14 page 160 doc 5767

1160 Know all men by these presents, that John R. Clark and Lydia Clark his wife (in right of said wife) of Richmond, Washington county and state of Rhode Island, John H Lewis and Ellen G. Lewis his wife of Charlestown in said county, and Charles F. Lewis and Anna D Lewis his wife of the city of Dougherty, Marion county and state of Louisiana, hereinafter called the mortgagors in consideration of two hundred and fifty ($250) Dollars to be paid by the Kingston Savings Bank a corporation created by the General Assembly of said State of Rhode Island and created it and doing business in the town of South Kingstown in said county of Washington hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby grant, and bargain, sell and convey unto the said mortgagee his successors and assigns forever, A certain farm which is situated in the town of Charlestown, county of Washington and state of Rhode Island, containing thirty five (35) acres be they the same more or less, with a dwelling house, barn and other improvements situated thereon, and bounded on the North by land belonging to the heirs of Reuben Couch, on the East by land belonging to George M. Chaffee, on the South by land belonging to the heirs of James H. Phillips and on the West by a public highway, or however the said farm may be bounded or described. Said farm was the property of the late Nathaniel Lewis. The said Lydia R. Clark, John H. Lewis, and Charles F. Lewis as its sole heirs and are the owners of this farm and they give this mortgage on said farm subject to the owner of their mother, Hannah B. Lewis, owner of the said Nathaniel Lewis, To have and to hold the aforementioned premises, with all the privileges and appurtenances thereunto belonging now and to the use of the said mortgagee, and its successors and assigns forever. And we the said mortgagors do hereby for ourselves and for our heirs, executors and administrators covenant with the said mortgagee and its successors and assigns, that we are lawfully seized in fee simple of the said granted premises, that the same are free from all encumbrances excepting the dower of Hannah B. Lewis, widow of the late Nathaniel Lewis that we have good right full power and lawful authority to sell and convey the same in manner as aforesaid, that the said mortgagee and its successors and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we the said mortgagors will and our heirs, executors and administrators shall warrant and defend the same to the said mortgagee and its successors, and assigns forever against the lawful claims and demands of

of all persons, And for the consideration aforesaid we Ellen E. Lewis wife of the said John E. Lewis and Anna S. Lewis wife of the said Charles E. Lewis as hereby release all our rights of tenure in and to the said granted premises unto the said mortgage and its successors and assigns forever, Provided nevertheless, this conveyance is made upon the express condition, That if the mortgage or their heirs, executors, administrators or assigns shall pay unto the said mortgage or its successors or assigns, the sum of two thousand and fifty (2050) dollars whether the said mortgage have made their mortgage & promissory note or notes aggregate such sum, bearing even date with these presents and made payable to the use of the Kingston Savings Bank a corporation created by the general assembly of the State of Rhode Island beloved, and created at and doing business in the town of North Kingston in said State one year from the date hereof with interest thereon at the rate of 6 per centum per annum, payable semiannually in advance until said principal sum is paid, whether at or after maturity and all installments of interest in arrears whether before or after maturity to be paid interest at the rate aforesaid until paid and also any all taxes and assessments of every kind levied or assessed upon or in respect of said premises, then this deed as also any promissory note, shall become and be absolutely void to all intents and purposes whatsoever. But if default shall be made in the payment of the said sum of two thousand and fifty dollars or of said interest at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same become payable, or of any or 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 mortgage, or its successors 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 mortgage and their heirs, executors, administrators and assigns therein at public auctions upon the premises, and to bid for and become the purchaser or purchasers at any such sale, and no other purchasers or purchasers shall be admissible for the application of the purchase money) first giving notice of the time and place of sale by publishing the same at least once each week for three successive weeks in the Hope Valley Courier, a public newspaper published in the town of Hopkinton in said county of Washington with power to adjourn said 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 its or our own name or names, or as the attorneys or attorneys of the said

162 mortgagors (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 or deeds of said premises in fee simple and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby reserved, whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interest then due on the same, together with all expenses incident to such sale or sales, or for making deeds hereunder, and for fees of convey and attorney, and all costs or expenses incurred in the execution of said power, and all taxes, assessments and premiums for insurance, if any, then thereafter paid by the said mortgagor or its successors or assigns on the sum remaining unpaid upon said granted premises, returning and paying the surplus of said proceeds of sale if any there be over and above the amounts to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said mortgagors or to their heirs, executors, administrators or assigns, which sale or sales made as aforesaid, shall forever be in perpetuation bar both in law and equity, against the said mortgagors and their heirs, executors, administrators and assigns and all persons claiming said premises, so sold buy, from or under them, or any of them. And we the land mortgagors for ourselves held for our heirs, executors, administrators and our assigns hereby covenant with the said mortgagee and its successors and assigns, that we will and they will upon request execute such deed or deed confirmatory of said sale or sales as may be required. And further more, we the said mortgagors for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgagee and its successors and assigns that insurance on against loss by fire shall be kept and maintained on the buildings on the premises aforesaid in such office or offices as the said mortgagee and its successor or assigns, shall approve, in a sum not less than five thousand (5000) 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 in its successors or assigns, as collateral security hereby, and in default thereof hereby agree that the said mortgagee or its successors or assigns may effect such insurance in the name of the said mortgagors and their heirs and assigns, payable in case of loss to the said mortgagee and its successors or assigns and that the premium or premiums paid therefor shall be a further charge upon said

granted premises reserved by these presents In witness whereof the same have hereunto set our hands and seals this twenty first (21st) day of December in the year of our lord one thousand nine hundred 1900. Signed and sealed in presence of John R. Clark L.S. of Mary Lewis as to her seal Lydia A. Clark L.S. Chas. Perry w/ 75/100’s seal Ruby R. Clark L.S. William S. Lewis as to his seal John T. Lewis L.S. Eunice Le Poste w/ seal William S. Lewis L.S. Eleanor Hughes w/ seal Charles T. Lewis L.S. Eunice S. Lewis L.S. State of Rhode Island County of Providence S S On this 23rd day of December AD 1900 before me personally appeared John R. Clark and Lydia A. Clark to me known and known by me to be the persons executing the foregoing instrument, and they have acknowledged said instrument by their hands sealed to be their free act and deed (Seal) J. Crane A. Stacy Notary Public RI State of Indiana County of Marion In the City of Indianapolis on the 22nd day of December AD 1900 before me personally appeared Charles T. Lewis and Eunice S. Lewis to me known and known by me to be the persons executing the foregoing instrument and they have acknowledged said instrument by their hands sealed to be their free act and deed George C. Moore L.S. Notary Public Marion County Indiana my commission expires Mar 8 1905 State of Rhode Island County of Washington In Our Rehobethson on the 26th day of December AD 1900 before me personally appeared John T. Lewis and Ellen Le Lewis to me known and known by me to be the persons executing the foregoing instrument and they have acknowledged said instrument by their hands sealed to be their free act and deed Chat. Jenesse Notary Public RI Received for record Dec 26, 1900 at 5 o'clock P.M. and recorded by George Colburn from book Of the aforementioned parties having full power and authority in the town meeting application in the State of Rhode Island in book 143 page 14 for better council and discharge the same, and command to and allow all the persons making the application to be granted the same on any other of said outage the 21st day of April 1887 In witness whereof we have hereunto set our hands and seals L.S. Recorded by George Colburn clerk by M. T. Henry Jenesse L.S.