The instrument's own words
page 1
196 Know All Men by these presents That I, Isaac J. Domenick
resident of the town of Charlestown, County of Washington in the
State of Rhode Island named hereafter called the mortgagor in
consideration of the sum of seven hundred and one hundred dollars to me
paid by Peter P. Plinner of the town of Hopkinton county and
State aforesaid named hereafter called the mortgagee, the receipt
whereof is hereby acknowledged as follows 9 qrt, 9 peck bargains,
sell and convey unto the said mortgagee and his heirs and
assigns forever, a certain piece of land—and with a dwelling house
and other buildings herein standing situated in said
Charlestown containing twenty (20) acres more or less bounded
as follows in the North by the highway, on the East by me and
North map, on the South by the salt Brook and on the
West by land formerly of Elias Tucker, or however bounded.
Being the same premises deeded to this mortgagee by George S.
Dixson February 4th 1711 and on record in said townclerk
his Record Book 14th 1777 page 31, and giving the same
estate exceed by this mortgage to this mortgage on march 10, 1715
and to be recorded. To have and to hold the
aforesaid premises with all the privileges and appurtenances
thereunto belonging with 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 seised in fee simple of the said granted
premises That the same are free from all incumbrances
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
by these presents at all times hereafter peacefully and
quietly have and enjoy the said premises, and that
I the said mortgagor will and my heirs executors
and administrators 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 I covenant to and with said
mortgagee that I am unmarried.
Provided nevertheless this conveyance is made upon
the express condition, that if the said mortgagee his
heirs executors administrators or assigns shall pay
unto the said mortgagor a his executors administrators
or assigns the sum of Seven hundred dollars whereasfore
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the said mortgagees has made out registered promissory note for
said aggregate sum, bearing same date with these presents and made
payable to the order of the said Peter R Palmer one year from the date
thereof, with interest thereon at the rate of 6 per centum per annum,
voidable commonly until said principal sum is paid, whether
or not enter maturity, and all installments of interest in arrears,
whether alone or after maturity, to bear interest at the rate
aforesaid paid monthly, and shall also pay all taxes and assessments
of every kind levied or assessed upon or in respect of said premises,
and then this deed, as also said promissory note, shall become and
be absolutely void to all intents and purposes whatsoever.
And I shall make as made in the following way: that the
said mortgage or said interest at the times aforesaid and in the
manner above said or the taxes or assessments aforesaid,
in the same event payable to, or any of them or
or of any part thereof, or if breach shall be made of the
contract for insurance hereafter obtained, then it shall
be lawful for the said mortgagees their successors, assigns and creditors
accordingly to suit, levy however or in process, all and any judgments
the premises hereby mortgaged or intended to be granted, or any
parts or parts thereof and the benefit and profits of consumption
of the said in sign and his heirs successors, assigns and creditors
and using any means at power to acquire upon the premises,
and to void and become the purchaser or purchasers as
any right shall call and no other purchasers 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 same at least once each week for three
succeeding weeks in a public newspaper published in
the County of Washington with power to adjourn such sale
from time to time, provided that the publishing of said
notice shall be continued thus with a notice of the
appointment or adjournments, at least once each week
in the same newspaper, and in 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 revocation.)
It makes, execute and delivers to the purchaser or purchasers
at such sale a good and sufficient deed of said house
premises for the same, and to receive the proceeds of
such sale or sales, and from such proceeds to obtain
sum money secretly whether then are or to
fall over thereafter, or the part thereof then remaining
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198
interest and ates the interest thereon until the day of payment
and expenses incident to such sale or sales, or for making
such deeds, transfers, and for fees of counsel and attorney, and all
costs or expenses incurred in the premise, and said premises, and
all rents, issues and profits thereof, for insurance, if any,
either hereafter paid by the said mortgagor to his executors,
administrators or assigns, or then remaining unpaid, upon the
said granted premises, rendering and paying the surplus
of said proceeds of sale if any there be, over and above the
sum mentioned as aforesaid together with a true
and particular account of such sale or sales, expenses
and charges, to the said mortgagee his heirs, executors, administrators
or assigns, which sale or sales made as aforesaid shall
forever be a perpetual bar both in law and equity against
the said mortgagor heirs, executors, administrators and
assigns, and all persons claiming said premises, so
sold, buy from or under me, them or any of them.
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
trators and assigns, that I and they will upon request
execute such deeds or deeds confirmatory 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
effectors administrators or assigns, shall approve,
in a sum not less than eleven hundred dollars
and that the policy or policies of such insurance
shall be assigned and transferred, or made payable
in case of loss, to the said mortgagee his executors,
administrators or assigns, as collateral security
hereto, and in default thereof, hereby agree that the
said mortgagee, by his executors, administrators or
assigns, may effect such insurance in the name of
the said mortgagor, and his heirs and assigns,
payable in case of loss to the said mortgagee,
and his executors, administrator or assigns,
and that the premiums premiums paid
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199
Witnesseth shall be a further charge upon said granted premises,
secured by these presents.
In witness whereof I have hereunto set my hand and
seal this 10th day of March in the year of our Lord one thousand
seven hundred and fifty five.
Signed and sealed in presence of
Oscar E. Barber Dominicus Fields B.S.
State of Rhode Island ss,
County of Washington
In Richmond on the 10th day of
March A.D. 1755 before me personally appeared Dominicus
Fields to me known and known by me to be the party
executing the foregoing instrument and he acknowledged
said instrument by him executed, to be his full act and
deed.
Oscar E. Barber
Notary Public L.S.
Received for record March 12th 1755 at 4-30 oclock A.M.
and recorded by George Converse Town Clerk
The undersigned having received full payment and
satisfaction of the within mortgage recorded in the records of
land evidence in the town of Coventry in the state of Rhode
Island, in book number 189 at page 19 is hereby cancel and
discharge the same, And I covenant to and with the
party making said payment That I am the present
owner of said mortgage.
In witness whereof I have hereunto set my hand and
seal this 11th day of September A.D. 1920
Joseph Samuels Ella H. Palmer
Recorded Sept 14 1920
by George Lawton
Town Clerk
The page as recorded
