5/8/1901 · MORTGAGE · book 14 page 206 doc 5794

206 State of Rhode Island County of Washington On Charlestown on the 7th day of May A.D. 1901 before me personally appeared Henry W. House and Etta House his wife to me known and known by me to be the parties requesting the foregoing instrument and they acknowledged said instrument by them executed to be their free act and deed George C. Cross Notary Public Received for record May 7, 1901 at 8:30 o'clock P.M. and recorded by George C. Cross Town Clerk Know all Men by these Presents, that we Frank E. Weaver and Dora E. Weaver, his wife (in right of said wife) of Charlestown, Washington County and State of Rhode Island hereinafter called the mortgagors in consideration of the sum of Four hundred (400,) dollars to be paid by Charles I. Florence of Richmond in said County of Washington hereinafter called the mortgagee, the receipt whereof is hereby acknowledged give, grant, bargain, sell, and convey unto the said mortgagee and his heirs and assigns forever, a certain farm containing thirty five (35) acres, be the same more or less, with a dwelling house barn and other improvements situated thereon, which is situated in said Charlestown and which is bounded on the North by land belonging to the heirs of the late Isaac Lease, on the East by land of Leo G. Chaffee, on the South by land of the heirs of Joanna H. House and a public highway, and on the West by a public highway on which leads from Cove's Mills to Coastina, or however the said farm may be bounded or described, the said farm was deeded to the said Dora E. Weaver by John R. Clark and others April 20 1901 To have and hold the above granted 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 we the said mortgagors do hereby, for ourselves and our heirs, executors and administrators covenant with the said mortgagee and his heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all

incumbrances That we have good right full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgage and his heirs 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 to his heirs and assigns forever, against the lawful claims and demands of all persons, Provided nevertheless, and this conveyance is made upon the express condition, that if the said mortgagor or their heirs, executors, administrators or assigns, shall fail to pay the said mortgagee or his successors administrators or assigns, the sum of two hundred (200) dollars whenever, the said mortgagor have made these negotiable promissory notes for said augment to come becoming due with these presents and made payable to the order of Charles [illegible] because one year from the date hereof, with interest thereon at the rate of 6 per centum per annum, payable semi annually 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 shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises, then the said and said promissory notes shall become and be absolutely void in all intent and purposes whatever. Part of default shall be made in the payment of the said sum aforesaid dollar or of said interest, at the times or times and in the manner aforesaid, or of the notes or assessments aforesaid, as the same become payable, or of any or either of them, or of any part thereof, or if breach shall be made of the covenant for insurance herebefore contained then it shall be lawful for the said mortgagee or his executors, administrators or assigns, to sell, either 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 Frank E. Meurer and George A. Weaver and their heirs, executors, administrators and assigns therefore at public auction upon the premises, and to bid for and become the purchaser or purchasers at any such sale, and no other purchaser or purchasers shall be answerable 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 Office Valley Advertiser a newspaper published in the town of Hopkinton R.I. with power to adjourn such sale from time to time, Provided that the publishing of

208 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 his or our own name or names, or as the attorney or attorneys of the said Frank E. Weaver and Grace C. Weaver (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, to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or, to full 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, for making deeds however, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said powers, and all taxes assessments and premiums for insurance, of any either therefore paid by the said mortgagor or his successors administrators or assigns, or then remaining unpaid, upon said granted premises, ensuring and paying the surplus of said proceeds of sale if any their 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 Frank E. Weaver and Grace C. Weaver, and their heirs, executors, administrators or assigns, which said sale or sales made as aforesaid shall be as a perpetual bar both in law and equity against the said Frank E. Weaver and Grace C. Weaver and their heirs, executors, administrators and assigns, and all persons claiming said premises so sold, dry, from or under us, their or any of them, And we the said mortgagor, for ourselves and for our heirs, executors, administrators and assigns hereby covenant with the said mortgagee, and his heirs, executors, administrators and assign, that we shall and they will upon request execute such deed or deeds confirmatory of said sale or sales as may be required; And furthermore we the said mortgagor, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgagee and his heirs, executors, administrators and assigns, that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid in such office a offices as the said mortgagees and his executors, administrators or assigns, shall approve, in a sum not less than Three Hundred ($300) dollars and that the policy or policies of such insurance shall be assigned

209 and transferred, or made payable in case of loss to the said mortgagee or to his executors, administrators or assigns, as collateral security hereto, and in default thereof hereby agree that the said mortgagee, or his executors, administrators or assigns, may effect such insurance in the name of the said mortgagees, and their heirs and assigns Payable in case of loss to the said mortgagee and his executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises secured by these presents. In witness whereof we have hereunto set our hands and seals this 4th day of May in the year of our lord one Thousand nine hundred and one 1901. Signed and sealed in presence of Lydia A. Clark Mary Le Heady [Revenue Stamp] 43¢ Frank E. Weaver L.S. Lorcas A. Weaver L.S. State of Rhode Island County of Washington In Richmond on the 4th day of May A.D. 1907 before me personally appeared Frank E. Weaver and Lorcas A. Weaver to me known, and known by me to be the parties executing the foregoing instrument and they have acknowledged said instrument they have executed to be their free act and deed. Joseph E. Leanphear Notary Public L.S. Received for record May 8 1907 at 11 oclock A.M. and released by George G. Ames Town Clerk For transfer of this Mortgage see Book M 17 page 457 also Book N 18 page 443 I the undersigned having received full payment and satisfaction of the within mortgage recorded in the records of land evidence in the town of Charlestown in the State of Rhode Island, in Book Number 17 at page 457 hereby cancel and discharge the same, and I covenant to and with the person making said payment that I am the owner -’’’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’—’