5/9/1903 · MORTGAGE · book 14 page 415 doc 5918

415 one thousand nine hundred and three 1903 Signed and sealed in presence of Hoatis E. Bellons James Smith L.S. Alara M. Smith L.S. State of Rhode Island County of Providence Dr Providence on the 5th day of May AD 1903 before me personally appeared James Smith and Alara M. Smith his wife to me known and known by me to be the parties executing the foregoing instrument And they acknowledged said instrument by them executed to be their free act and deed The word "in the" being inserted in the second line before the executing of this instrument Hoatis E. Bellons Notary Public L.S. Received for record May 9 1903 at 6 oclock P.M. and recorded by George B. Converse Town Clerk I know All Men by these presents, That I William E. Leffs of Johnston, in the county of Washington, in the State of Rhode Island, hereinafter called the mortgagor in consideration of four hundred and seventy five ($475) dollars paid to me paid by Jared Co. Leffs of Providence in the county and State aforesaid, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell sell and convey unto the said mortgagee and his heirs and assigns forever, the following described parcels of land situated in the town of Johnston in the county and State aforesaid, with all the buildings thereon standing, said tracts of parcels of land being bounded and described as follows, commencing at the southwest corner of land belonging to the heirs of James Matthews deceased, thence westerly bounded southerly by the tan about 170 feet be the same more or less thence to land belonging to Sarah A. Kelly, thence northerly bounding westerly by land of Sarah A Kelly to Charleston Land, thence easterly on the Charleston Bound road called and Easterly on land formerly owned by George H. M. Perry, southerly on land of the heirs of Edward G. Chubash and on land of the heirs of James Matthews

416 to the corner first mentioned, Also one other tract of land situated in said town of Cohassetston in the County and State aforesaid, containing by estimation 40 square rods, be the same more or less, said tract being bounded Easterly and Northerly by land of the heirs of Caleb Greene, Southerly and Westerly by the channel leading to Cohassetston pond, being the same tract of land which was purchased by Andrew J. Gates, of said Cohassetston, from Jason Pleece by deed dated May 4 1883, said deed being in record in said Cohassetston, and for further description of boundaries reference is made to the aforesaid deed to the said Andrew J. Gates from the said Jason Pleece, and also to a deed given by Esther Burbank and Edgar B. Burbank to the said mortgagor, or however otherwise the said tract of land mentioned may be bounded. Reserving however, so far as the 40 square rod tract is concerned, to Henry its land the right to land and have up boats and teams and to erect and use houses for the purpose of carrying on the business of fishing at any and all times hereafter during his lifetime. To have and to hold the aforementioned premises with all the privileges and appurtenances thereto belonging unto and to the use of the said mortgagee and his heirs and assigns forever. And I the said mortgagor, do hereby for myself and for my heirs, executors and administrators 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 whatever, that I have good right full power and lawful authority to sell bind 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 he the said mortgagor shall, and his heirs, executors and administrator 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. Emeline S. Lefebvre wife of the said Millicent Lefebvre do hereby release all my right of dower in and to the heirs granted premises unto the said mortgagee and his heirs and assigns forever. Provided never the less, and this conveyance is made upon the express condition that if the said mortgagor or

417 his heirs, executors administrators or assigns, shall pay unto the said mortgagee & his executors administrators or assigns, the sum of four hundred and twenty five ($425) dollars wherefore the said mortgagor has made his negotiable promissory note for said aggregate sum, being aggregate with these presents, and made payable to the order of David C Taft, one year from the date hereof, with interest thereon at the rate of 6 per centum per annum, payable semiannually until said principal sum is paid, whether at or after maturity, and all installments of interest in arrear whether before or after maturity, to bear 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, this deed acts also as said promissory note shall become and be absolutely void to all intents but purposes whatsoever. But if default shall be made in the payment of the said note or of interest at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid at the same time become payable, or of any or either of their some part thereof, or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said mortgagee or his executors, administrators or assigns, to sell, together or in parcels, all and singular, the premises hereby granted or extended to be granted, or any part or parts thereof, and the beneficial equity of redemption of the said mortgagor and his heirs, executors, administrators and assigns therein at public auction upon the premises, and to bid for and become the purchaser or purchasers at any such sale, (and no other person or purchaser 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 Weekly Sun a daily 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 together with a notice of the adjournment or adjournments at least one each week in the same newspaper, and in his or their own name or names, or as the attorney or attorneys of the said mortgagor (for that purpose by these presents duly authorized and appointed with full power of substitution and reassociation), to make, execute and deliver to the purchaser or purchasers

418 at such sale a good and sufficient deed or deeds of said premises in fee simple, able to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or to fall due thereafter or the part thereof then remaining unpaid, and also the interest thereon due on the same, together with all expenses incident to such sale or sales or for making said deeds hereafter, and for fees of counsel and attorney, and all costs or expenses incurred in the service of said power and all taxes, assess- ments and premiums for insurance, if any, either theretofore paid by the said mortgagee his executors, administrator or assigns, or then remaining unpaid, when said granted premises, nevertheless paying the surplus of said proceeds of sale if any there be over and above the amount so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges to the said mortgagor or his heirs, executors, admini- strators or assigns, which sale or sales made as aforesaid shall be a perpetual bar both in law and equity against the said mortgagor or his heirs, executors, administrators and assigns and all persons claiming said premises so sold by force of power therein or any of them. Also I the said mortgagor for myself and for my heirs, executors, administrators and assigns hereby covenant with the said mortgagee and his heirs executors, administrators and assigns that I and they will upon request execute such deed or deeds confirman- tory of said sale or sales 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 buildings on the premises aforesaid in such office or offices as the said mortgagee and his executors, administrators or assigns, shall approve in a sum not less than five hundred ($500) dollars and that the policy or policies of such insurance shall be assigned and transferred in case of loss to the said mortgagee or his executors, administrator or assigns, as a collateral security bond, 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 mortgagor, and

419 his heirs and assigns payable in case of loss to the said mortgagees and their 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 8th day of May in the year of our lord one thousand nine hundred and three, (1903) Signed and sealed in presence of [Signature] E. Bellone William E. Leffts L.S. Emeline D. Leffts L.S. State of Rhode Island County of Providence On Providence on the 8th day of May AD 1903 before me personally appeared William E. Leffts and Emeline D. Leffts his wife to me known and known by me to be the parties executing the foregoing instrument but they acknowledged said instrument by their executed, to be their free act and deed, Horatio E. Bellone Notary Public L.S. Received for record May 9@ 1903 at 6 o'clock P.M. and recorded by George G. Cross Town Clerk For transfer of above mortgage see Book No 18 Page 334 KNOW ALL MEN by these presents that John Blakeley of the City of Providence in the County of Providence in the State of Rhode Island and Providence Plantations in consideration of the sum of ten dollars to me paid by James M. Blakeley and Katherine Blakeley wife of said James M of Newport in the County of Providence and State of Rhode Island hereinafter called the Grantees, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said grantees and the survivor of them their heirs and assigns