The instrument's own words
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State of Rhode Island etc
County of Washington Do
In the town of Hopkinton in said County, on this 3rd
day of November AD 1811 the above named Byron S. Reynolds and
Mary A. Reynolds his wife to me known and known by me to be the
public notary executing the foregoing instrument personally appeared before
me, and severally acknowledged the said instrument, by their names
recorded, to be their free and voluntary act and deed.
Geo. H. Whitney Nolay Robert
my town office pmo. Salty
Received for record Nov 4, 1811 at 12 15 o'clock &c.
and docketed by George Simmons Town Clerk
KNOW ALL MEN by these presents, That I James
Alice Gonsalves of Johnston in the county of Providence state and
State of Rhode Island hereinafter called the mortgagor in
consideration of twenty two thousand ($22,000) paid to me paid
by Benjamin B Smith of Pawtucket hereinafter called the
mortgagee, the receipt whereof is hereby acknowledged, do hereby
give grant bargain sell and convey with the said mortgagor
and his heirs bind their assigns forever, that certain land, parcel
of land with two summer cottages and there in prove months
thereon, situate at Johnston highway beach, situated in the
town of Johnston in said Washington, containing by estimation
ten thousand (10,000) square feet be the same mortgage to me, and
bounded as follows: to wit commencing at the 1st north
corner of said tract of a stone set in the ground, thence
running easterly on Lane moor no 16 line of James Hill by
about one hundred and forty (140) feet to a stone set in
the ground, thence northerly on said sites Lot 3 some forty
(40) feet to a stone set in the ground, thence easterly to
said Brown's land one hundred and ten (110) feet to a stone
set in the ground by the highway, thence southerly on
said highway sixteen (16) feet to Lot of Herbert & others
thence westerly on said Lewis land about ten hundred
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182
and jointly 90) feet to the Breach, so called, thence Northwesterly one rod
and fifty fifty six (56) feet to the corner first before mentioned,
one hundred divided and 9 perches bounded between the property and
A tenement not of the write conveyed to Joseph A Heyward my father
J. Holmes by his deed dated January 8 1848 which was recorded in
Book 1073 1873 page 173 in the record of land evidence in said town
of Narragansett and not conveyed subject to a right of way of any
sort. And the deed from Ephraim J Heyward to Elizabeth M. Gendron
recorded in the deed book 1171 page 357 dated Feby 20 1847 and signed by L Book 1171 page 357
and sealed
I have and by these presents grant
promise with all the tenures and appurtenances thereunto
belonging null and void the use of the said mortgage and his
heirs and assigns forever and I the said mortgagor
to hold myself and for my heirs executors and administrators
covenant with the said mortgagor and his heirs and assignses
that I have lawfully seized in the simple of the said mortgaged
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 have their premises
at all times hereafter peaceably and quietly have and enjoy
the said premises and that I the said mortgagor will
my heirs executors and administrators shall warrant and defend
the same to the said mortgagee and his heirs and assigns
against the lawful claims and demands of all persons
voidly I hereby covenant that I am a manumitted
Provided nevertheless that this conveyance is made
upon the first condition that if the said mortgagor or her
heirs executors administrators or assigns shall fail to pay
the said mortgagee or his successors administrators or assigns
the sum of Twenty one hundred dollars together whenever the said
mortgagor has made her respectable promissory note for said
sum of late sum bearing date with these presents and
bounds payable to the owner of Bank of Providence in Smith one year
from the date hereof with interest thereon at the rate of five
per centum per annum payable in first payment three
months from then immediately in advance until said promissory
note is paid whether at or after its maturity and all
installments of interest in advance 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 Then this deed as also said promissory
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note, shall become and be, absolutely void to all intent and
purposes whatsoever, But if default shall be made in
the payment of the said Promissory note, or of any interest on
the like or times and in the manner aforesaid, or if the hopes or
improvements aforesaid as the same become pressable, or if any
of them shall be or of any part thereof or if breach shall be made of
the covenant for maintenance hereinafter contained, Then it shall be
lawful for the said mortgagee, her executors administrators or assigns,
to sell, together in one parcel, or into parcels, and convey and relinquish the premises hereby
granted or intended to be granted, or any part, parcel thereof
and the benefit and equity of redemption of the said mortgage
and her heirs, executors administrators and assigns thereof, at
public auction upon the premises, or such other place as may be
selected, and to bind 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) first giving
notice of the time and place of sale by publishing the notice at least
once each week for three weeks before such sale in the Eagle Valley advertiser
a newspaper published in 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 once each week in the same newspaper, and he or they in
their own name or names, or as the attorney or attorneys of the said
mortgagor, for that purpose he three percent fully authorized and
appointed with the full power of substitution and revoking) to make,
execute and deliver to the purchaser or purchasers at such sale
in good and sufficient deed of said premises in fee
simple, and to receive the proceeds of such sale conducted, and
from such proceeds to satisfy all sums hereby recovered, whether
then due or to fall due thereafter, and the part remaining their
unpaid, and also the interest thereon and the same, together with
all expenses incident to such sale or sales, or for how many
deeds hereunder, and for fees, costs and attorneys, and
all costs or expenses incurred in the premise, and for power,
and all together, all such amounts and premiums for insurance,
If any such further proceeds by the said mortgagee her executors,
administrators or assigns, remain remaining unpaid upon
said granted premises, mortgaging and paying the surplus
of said proceeds of sale if any there be, over and above the
sum aforesaid to be satisfied as aforesaid, together with a
true and particular account of such sale or sales, expenses
and charges to the said mortgagor and her heirs, executors
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184 administrators or assigns in which said sale or sales made as aforesaid
shall forever be a perpetual bar both in law and equity against
the said mortgagor her heirs, executors, administrators and assigns,
and all and each his claiming said premises so sold buy from time in manner
her, theirs or any of theirs. And 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 confirmatory of said sale or sales
as may be necessary.
said Furthermore, I the said mortgagor, for myself and
for my heirs, executors, administrators and assigns do 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 now or hereafter placed on the
premises aforesaid in such office or offices as the said mortgagee,
and his executors, administrators or assigns shall appoint
in a sum not less than nineteen hundred dollars, and that
the policy or policies of such insured shall be assigned and
transferred in mode payable in case of loss to the said
mortgagee, or his executors, administrators or assigns, as
exclusive security herewith, 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 her heirs and assigns payable in case of loss
to the said mortgagee, and his executors, administrators
and assigns, and that the premium or premiums paid therefor
shall be a further charge upon said granted premises
contained by these presents.
In witness whereof I have hereunto set my hand
and seal this 4th day of November in the year of our
Lord one thousand nine hundred and eleven,
Signed, sealed and delivered in presence of
Philip H. Sheldon Mary Alice Connoran L.S.
State of Rhode Island
County of Providence
On Charlestown on the 4th day of November A.D.
1911 before me personally appeared Mary Alice Connoran some
person known and known by me to be the party executing the foregoing
instrument and she acknowledged said instrument by her
recalled to be her free act and deed. Philip H. Sheldon
Notary Public
Recorded the 4th Nov 1911 at 12-30 o'clock P.M.
and recorded by George Colowes Town Clerk
[Vertical margin text left]:
The mortgage is void
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the
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