7/5/1960 · MORTGAGE · book 37 page 295 doc 6561@37/295

295 reserved exclusively for residents of Sea Lea Colony to protect their quiet and peaceable enjoyment of these privileges and their use cannot be claimed by owners of lots on Sea Lea Colony to let others use them for private use or for any other purpose. (e) Said plot of land, No. 134 can't be conveyed with Lot No. 11 and cannot be sold separate and apart from it. Should any attempt be made by these Grantors, their heirs and assigns, to convey, lease or rent such land or any part thereof, to any one other than Lot No. 11, the fee in lease, convey or rent such land No. 134 shall immediately revert to Mrs. R. E. Behenke and Human L. Behenke, their heirs and assigns, and immediate possession of any token of land will be given to them. Failure of Lot No. 11 to be conveyed with Lot No. 134, the owners, their heirs and assigns, to enter and take possession upon such breach shall not constitute a waiver of their right so to do. We, Wilfred Viens and Dorothy Viens, husband and wife, release to said Grantees all our right of curtesy and dower, respectively, and all other interest in the aforementioned premises. WITNESS our hands this 2nd day of July, 1960. WILFRED P. VIENS DOROTHY VIENS (DOCUMENTARY STAMPS, $6.25) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, on the 2nd day of July, 1960, before me personally appeared Wilfred Viens and Dorothy Viens, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. LETON L. BROWN Notary Public. Received for record July 5th, A. D. 1960 at 2:30 o'clock, p. m., and recorded by [Signature] Town Clerk ---- We, ELEANOR H. PIGATY and JUNE H. OLSON, both of the City of New Haven, County of New Haven and State of Connecticut, for consideration paid, grant to WILFRED VIENS and DOROTHY VIENS, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, with MORTGAGE COVENANTS to secure the payment of THIRTY-FIVE HUNDRED DOLLARS ($3500.) in Ten (10) Years, with interest thereon at the rate of six per centum, per annum in accordance with the terms and tenor specified in a certain negotiable promissory note of the mortgagors, of even date herewith, said principal and interest being payable in monthly installments of Thirty-eight and 86/100 ($38.86) Dollars each on the 2nd day of each successive month commencing August 2, 1960 until said principal and interest are paid in full, as all described in said note, the following described land, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: That certain tract or lot of land, land cut out delimited as Lot No. 11 (eleven) and 134 (one hundred thirty-four) of the Sea Lea Colony, as shown on the Plat of Sea Lea Colony, Charlestown, Town, R. I., Property of Mrs. R. Behenke, Numbered Lots Represent Area of Sea Lea Colony, Surveyed and Platted May 1933, page 195, of the Land Evidence Records Book 24 of said Town of Charlestown, "Lot 11 is 20' x 20'", which is recorded in the Records of Land Evidence in said Town of Charlestown. Being the same premises described in deed of Wilfred Viens and Dorothy Viens to Eleanor H. Pigaty and June H. Olson, bearing even date with these presents, to be recorded. This conveyance is subject to all restrictions and reservations containing or referred to in the aforementioned deed and conveyances all right title and interest of the grantors therein. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. I, Eugene Pigaty, and I, Adrian Olson, husbands respectively of said Eleanor H. Pigaty and June H. Olson release to said mortgagees all our rights of curtesy, respectively, and all other interest in the aforementioned premises. WITNESS our hands this 2nd day of July, 1960. ELEANOR H. PIGATY JUNE H. OLSON JUNE H. OLSON ADRIAN OLSON

296 STATE OF RHODE ISLAND } County of Washington } ) In Charlestown on the 2nd day of July, 1960, before me personally appeared Eleanor H. Pigaty, Ruple John Pigaty, June H. Olson and Adrian Olson, to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. LUDLOR L. BROWN Notary Public Town Clerk Received for record July 5th, A. D. 1960 at 2:31 o'clock, p. m., and recorded by [?] ---- DISCHARGE OF MORTGAGE Town Clerk WILFRED VIENS and DOROTHY VIENS, husband and wife, holders of a certain mortgage by Eleanor H. Pigaty and June H. Olson dated 2nd day of January, 1936, recorded in the Land Evidence books of the Town of Charlestown, Rhode Island, Book No. 37 at Pages 295 and 296, having received full payment and satisfaction, hereby cancel and discharge the same; and covenant to and with the payers that said Wilfred Viens and Dorothy Viens are the present holders of said mortgage. Wilfred Viens Dorothy Viens WITNESS our hands this 29th day of January, 1968. STATE OF FLORIDA } County of Sarasota } ) In St. Petersburg, on the 29th day of January, 1968 before me personally appeared Wilfred Viens and Dorothy Viens, both to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. Walter H. Roach, Jr. (Notarial Seal) Notary Public My Commission expires July 31, 1968 Bonded by American Fire & Casualty Co. Notary Public, State of Florida at Large ---- STATUTORY FORM OF WARRANTY DEED. CHARLESTOWN ESTATES, INC., a corporation duly incorporated under the Laws of the State of Rhode Island, and having a place of business in the Town of Westerly, County of Washington and State of Rhode Island for, in consideration paid, grant to RONALD C. BIGGS and GRACE B. BIGGS, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, as joint tenants and tenants in common, meaning to be the survivor, with WARRANTY MORTGAGE COVENANTS, A certain tract or parcel of land located in the Town of Charlestown, County of Washington, City of Washington and State of Rhode Island, and shown as Lot #59-D on and a certain plot or plat entitled "Warranty Estates Property of Charlestown Estates, Inc., Dom. Connoquines, R. I., scale 1 inch equals 80 feet, November, 1965, Sheet 4 of Lotts & Legis, Book [?] Page [?]", said plat being recorded in the Land Evidence Records of the Town of Charlestown and duly acknowledged and received for record on [?], to wit: Beginning at the northeasterly corner of the parcel herein conveyed starting at the point on the westerly line of Bonnie Avenue, so called, said point also being the northeasterly corner of Lot number 59-D described in Francis F. Levasseur, say called, and thence northerly along the westerly line of Bonnie Avenue 39.58 feet to a stone wall and thence south 81 degrees 15 minutes east 100 feet along the northerly line of our survey continuing northerly, then southeasterly and westerly around some curve having a radius of 20 feet, 34.58 feet to a stone wall and thence south 81 degrees 15 minutes east 100 feet along the northerly line of our survey continuing southerly the northerly line of Beyond Road 123 feet to the intersection with a stone wall at the northeasterly corner of the parcel herein conveyed starting at the point on the westerly line of Bonnie Avenue, so called, to the southeasterly corner of the parcel herein conveyed, said point also being the northeasterly corner of said 34.58 feet curve, and thence northerly along the westerly line of Bonnie Avenue, so called, returning to the beginning, said parcel is bounded easterly by Bonnie Avenue, so called, northerly by Beyond Road, westerly partly by other land of this grantor and partly by land of Jude J. Butt, et al, and southerly by Beyond Road. In consideration of the purchase price it is understood and agreed that the following restrictions and provisions and reservations shall apply to and run with the land for a period of thirty years from November 1, 1965, to wit: The above conveyed premises shall be used for residential purposes only and there is a site for not more than one residence on each lot herein conveyed, said residence to be set back at least 25 feet from Bonnie Avenue, so called on the line basing this lot 15 feet, no porch, step or stoop shall extend to less than 15 feet from the line of the street and then basing the line of 25 feet and not nearer Beyond Road nor the Avenue on the building line of 15 feet, no porch, step or stoop shall extend to less than 15 feet from the line of the street and the line of said lots nearer than 5 feet. No detached garage or other building or buildings shall be erected within 15 feet of the line of the street or the Avenue, and all buildings shall be served by a connection to drain into a septic tank or cesspool.