The instrument's own words
Attribution under review. The portal's file number is shared by more than one instrument, and the words below could not be placed with certainty on this one by their own evidence (page stamp, parties, dates); they may belong to a neighbouring instrument. Read them as the record of the page, not yet as this deed's own.
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454
in no way interfere with the buildings which may be erected on
said premises the said party of the second part hereby refers in the obstructions
of the road or the sewer now from the south,
in witness whereof said parties have hereunto set their hands
and seals the day and year first above written.
Executed in duplicate 1
T. H. Babcock. Edward W. P. Babcock L.S.
C. E. Converse. Helen (P. B.) Hill L.S.
Received for record March 20th 1877 at 9 o'clock A.M.
and recorded signed George S. Cross Town Clerk
Know all men by these presents, That I, me, Frank
E Weaver and Deborah R. Weaver his wife, (in right of said wife)
of Warwick, county of Washington and state of Rhode Island
hereinafter called the mortgagor in consideration of two hundred
dollars to me and my beloved C. Weaver of Charlestown aforesaid
hereinafter called the mortgagee the receipt whereof is hereby
acknowledged, do hereby grant, convey, sell and deliver unto
the said mortgagee, and his heirs and assigns forever, a certain farm
containing thirty five acres, more or less, with a dwelling house land
and other improvements situated therein in the Town of Charlestown aforesaid
and is bounded on the north by land now of Henry A. Pearson on the
East by land of George W. Babcock on the south by land now of Albert
G. Richards, and a highway, and on the West by a highway that leads
from Cross Mill to Keatons, or houses owning the same may
be bounded.
The said land was ceded to the said Borces B.
Weaver by John R. Boback and others by deed dated 20th 1841.
To 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,
But the said mortgagor do hereby for myself and my heirs
seeds, executors and administrators covenant with the said mortgagee
and his heirs and assigns that I am lawfully seised in fee simple
of the said granted premises; that the same are free from all
encumbrances That we have good right full power and lawful
authority to sell and convey the same in manner as aforesaid.
Further the said mortgagee and her heirs and assigns shall be free
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presents, at all times hereafter peaceably and quietly have and enjoy the
said premises, and that we the said mortgagor will, and our heirs,
executors and administrators shall warrant and defend the same to
the said mortgagee and her heirs and assigns forever against the
lawful claims and demands of all persons.
And for the consideration aforesaid I grant to Beaver husband
of the said Sonica A Weaver all my right
entries in and to the said granted premises void the mortgage
and her heirs and assigns forever.
Firstly, nevertheless, and this conveyance is made upon the
premise containing, that if the said mortgagor or our heirs, executors,
administrators or assigns, shall pay unto the said mortgagee or
her species, administrators or assigns, at or in the sum of ten thousand
dollars, together with the said mortgage now made with me, and also
promissory note to the said mortgagee sum, reserving a seven per cent
note with interest quarterly, and payment monthly to the one of october 18
November and December each year the balance, with other interest thereon at
the rate of six per centum per annum, payable concurrently monthly
said principal sum of ten thousand dollars at a state maturity, and any
subsequent extension of interest and principal, whether by extension, to
bear interest at the rate specified in this part, and more over any
fees and expenses of conveyance here provided or assigned upon or in
respect of said premises, then this deed, and the aforesaid promissory note,
shall become null and absolutely void to all intents and purposes
whatsoever.
But if default shall be made in the
payment of the said note or said interest, at the time or times
called in the mortgage aforesaid, or of the copy or assignments
annexed, or the same becomes payable, or any of either of them,
or of any part thereof or a breach shall be made of the covenants
and conditions contained, then it shall be lawful for
the said mortgagee, her 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 several equity and right of redemption of the said mortgagor
and their heirs, executors, administrators and assigns as trustee,
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 admissible for the application of the purchase
money, each giving notice of the time and place of sale by
publishing the same at least once each week for three successive
weeks in some printed newspaper published in said Washington
county with power to adjourn such sale from time to time,
provided that the publishing of said notice shall be continued
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456 with a notice of the adjournment or adjournments, at least
once each week in the same newspaper, under his or her own
name or names, or as the attorney or attorneys of the said Mortgagee
for that purpose by these presents duly authorized and appointed with
full power of substitution and several associations, to make returns and
certificates to the purchase or purchasers at such sale a good and
sufficient deed or deeds of said premises in fee simple, and to
secure the purchase of such sale or sales, and from any proceeds
to retain as earned twenty percent without then due or to sell and
distribute the part remaining after paying rewards, and also the
residue if any of the same together with all of the funds accrued to
such sale or sales, for making such returns and for fees of the
court and attorney, and all costs or expenses incurred in the
specialty of said process, and all taxes, assessments and premiums
on insurance, any of them either transferred’ paid by the said mortgagees their
successors, administrators or assigns or them remaining unpaid, when
said premises are sold, receiving and paying the purchase of said
mortgaged estate or sale if any be, and about the amounts so
returned as aforesaid, together with a true and particular account
of such sale or sales, premiums and charges, to the said Frank E.
Frances and Dorcas M. Frances their heirs, successors, administrators
or assigns, whose sale or sale would be a transfer of title from trustee to
a beneficiary both in name and in capacity against the said Frank E.
Frances and Dorcas M. Frances their heirs, successors, administrators
and assigns, and all persons claiming said premises, whether sold, buy
them or under them, or any of them.
And that the said mortgagees, for convenience and for our better security,
administrators and assigns, hereby covenant with the said mortgagees,
and their heirs, successors, administrators and assigns, that we and
they will remain as such until such deed or deeds conveyancy or
sale well or sales as may be received.
And it is further agreed, that the said mortgagees, for our convenience and
for our better security, administrators and assigns, hereby covenant
with the said mortgagees, and their successors, administrators and assigns,
that the insurance policies on the property shall be kept and maintained on
the premises specified in such office as the
said mortgagees and their successors, administrators or assigns shall
appoint, on a sum not less than their insured values, and that the
policy or policies of insurance shall be assigned and transferred
made payable in case of loss or loss to the said mortgagees, or their successors,
administrators or assigns, as collateral security hereby, and in default
thereof, hereby agree that the said mortgagees, or their successors,
administrators or assigns, may effect such insurance in the name
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457
of the said mortgagors, and their heirs and assigns, payable in case of
loss to the said mortgagee, and her executors, administrators or assigns,
and that the premiums or premiums paid therefor shall be a further
charge upon said premises provided earned by their premiums.
In witness whereof we have hereunto set our hands and seals
this 26th day of March in the year of our Lord one thousand nine
hundred and seventeen.
Signed and sealed in presence of
L. George L. Kenroth Francis E. Traver L.S.
Docas N. Traver L.S.
State of Rhode Island
County of Providence
In Charlestown on this 26th day March A.D. 1917
before me personally appeared Francis E. Traver and Docas N.
Traver to me known and known by me to be the parties executing
the foregoing instrument and they acknowledged said instrument
before then executed to be their free act and deed.
George L. Kenroth
O. Public Notary
Received for record March 26th 1897 at 8 o'clock PM
and recorded by George L. Kenroth Town Clerk
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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 volume 18 at page 454, hereby
cancel and discharge the same, And I covenant to
and with the person making said payment that I am
the current owner of said mortgage
For which evidence whereof I have hereunto set my
hand and seal this 6 day of September A.D. 1927
Melinda L. Weaver.
Recorded Sept 6, 1927
by George L. Kenroth
Town Clerk
The page as recorded
