10/20/1919 · MORTGAGE · book 19 page 216 doc 7251

216 day of October 1st, 1919 before me personally appeared Anne A. Hople to me well known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument by her handset to be her free act and deed. George E. Cross Notary Public. Recorded for record October 2nd 1919 at 10 oclock A.M. and received by George E. Cross from Clerk KNOW ALL MEN by these presents that I, William J Wyatt of the city and county of Providence and state of Rhode Island, hereinafter called the mortgagor, in consideration of one thousand dollars to me paid by Anne C. Hople of Lebanon, county of Washington and state aforesaid hereinafter called the mortgagee, the receipt whereof is hereby hereby acknowledged, do hereby grant, bargain sell assign will and convey unto the said mortgagee, and her heirs and assigns forever, a certain tract of parcels and beach land situated in said Lebanon containing by estimation two acres more or less with a cottage, barn and other improvements thereon standing and bounded as follows: beginning at the South- east corner of said tract on the southeasterly line of the granite of the beach street, thence northerly bounding exactly in land formerly of James A. Kenyon twenty rods to a stake and stones thence westerly bounding forty rods in land of the heirs of Samuel G. Lischer and on land formerly of Jason P. Reeve to a stake and stones, thence southerly twenty rods west bounding westerly on land formerly of northern R. Foster to said beach or southerly line of said beach street, thence easterly to the place of beginning or however otherwise the same may be described. To have and to hold the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said mortgagee and her 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 her heirs and assigns that I am lawfully seised in the simple of the said granted premises; that the same are free and free from all encumbrances, that I have a good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and her heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises

189 Beginning at a point on the stone wall on the northerly side of Shummubanne Hill Road, said point being 111.29 feet along a base line on the northerly side of Shummubanne Hill Road, easterly from an established point at the intersection of Burdickville Road and the Shummubanne Hill Road as indicated on the Plat Plan attached hereto as Exhibit A, of Maurice V. Murphy, Notaryto Rhode Island by Maurice V. Murphy Consulting Engineer, 5/24/61", thence northerly 11.9 feet stake thence continuing along the line of the Grantor's boundary 317 feet to a point beginning such way which is a temporary right-of-way for ingress and turning an inside angle of 90 degrees westerly along said right-of-way on the north 330 feet to a point thence turning an inside angle of 90 degrees northerly along boundary westerly on the north 11.9 feet to a point thence turning an inside angle of 90 degrees thence continuing along at the north 317 feet to a stake thence continuing along the west line and right-of-way 18.30 feet to a stone wall thence turning northerly along the stone wall to a point at the northeast corner of the Grantor's boundary, or otherwise wise bounded or described and being identified by the aforementioned Flat Plan which is a part of this description. Said right-of-ways heretofore referred to are temporary and for the use and convenience of the Grantee and his assigns and until such time as the roads or permanent right-of-ways are to be established to provide suitable access to the Grantee's land. Upon the establishment of said roads or permanent right-of-ways are to terminate This conveyance is accepted on the express condition and understanding that said right-of-ways are to not be dedicated for public use and that the Grantee, his heirs and assigns shall maintain by his own expense or be responsible for all the his heirs sole subject to the above limitations and subject further to the condition that the Grantee, his heirs and assigns, shall acquire no claim whatever against the Grantors, their heirs and assigns, for any damages that may occur or expenses incurred in the opening and maintenance of said right-of-ways. Being a portion of the same premises conveyed by Sgt. Warnock and Barbara M. Warnock to Mervyn N. Warnock and Theresa J. Warnock April 1959 by the entity dated April 8, 1960, recorded in the Land Evidence Records of the Town of Charlestown, R. I., in Book No. 37, page 216. But this release shall not in any way affect or impair the right of the Washington Trust Company to hold under the said mortgage and as security for the sum remaining due thereon, or to sell, under the power of sale in said mortgage contained, all the remainder of the premises therein conveyed and not hereby released. IN WITNESS WHEREOF, said The Washington Trust Company has this first day December, A. D. 1961, caused this instrument to be executed by its Treasurer in these premises duly authorized, and its corporate seal hereunto affixed. In Presence of: Lillian M. Buisi THE WASHINGTON TRUST COMPANY (Corporate Seal) By Raymond H. Holberton Its Treasurer STATE OF RHODE ISLAND ) COUNTY OF WASHINGTON ) In Westerly, on the last day of December, A. D. 1961, before me personally appeared the above named Raymond H. Holberton, the Treasurer of said The Washington Trust Company, to me known and by me to be the party who executed the foregoing instrument, for and on behalf of said The Washington Trust Company, and he acknowledged said instrument, by his executed, in his capacity on behalf of and on behalf of said The Washington Trust Company, to be the free act and deed of said The Washington Trust Company, and by his own free act and deed as well. LILLIAN M. BUISI (Notarial Seal) Notary Public Received for record December 4th, A. D. 1961 at 3 o'clock p. m., and recorded by Town Clerk WARRANTY DEED (Statutory Form) KNOW ALL MEN BY THESE PRESENTS, that I, MERVYN N. WARNOCK, and THERESA J. WARNOCK, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to MAURICE V. MURPHY, of the Town of Hopkinton and said County and State, with WARRANTY COVENANTS A certain lot or parcel of land situated in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows to wit: Beginning at a point on the stone wall on the northerly side of Shummubanne Hill Road, said point being 111.29 feet along a base line on the northerly side of Shummubanne Hill Road, easterly from an established point at the intersection of Burdickville Road and the Shummubanne Hill Road as indicated on the Plat Plan attached hereto as Exhibit A, of Maurice V. Murphy, Notary to Charlestown, Rhode Island, by Maurice V. Murphy Consulting Engineer, 5/24/61", thence northerly early to 11.9 feet to a stake thence continuing along the line of the Grantor's boundary 317 feet to a point beginning such way which is a temporary right-of-way for ingress and turning an inside angle of 90 degrees westerly along said right-of-way on the north 330 feet to a point thence turning an inside angle of 90 degrees northerly along boundary westerly on the north 11.9 feet to a point thence turning an inside angle of 90 degrees then continuing along at the north 317 feet to a stake thence continuing along the west line and right-of-way 18.30 feet to a stone wall thence turning northerly along the stone wall to a point at the northeast corner of the Grantor 317 feet to a stake thence continuing along the west line and right-of-way 18.30 feet to a stone wall thence turning northerly along the stone wall to a point at the northeast corner of the point of beginning, or however otherwise bounded or described and being identified by the afore- mentioned Flat Plan which is a part of this description.

218 or appurtenances, at least once each week in the same newspaper; and in his or their own name or names, or as the attorney or attorneys of the said William I Spofford (for that purpose by these presents duly authorized and appointed with full power of substitution and revoking) to make, execute and deliver to the purchaser or purchasers at such time and a good and sufficient deed or deeds of said premises in fee simple, and to receive the proceeds of such sale or sales, and further with power to retain a sum reserving whether then and or to fill me hereafter, or the part thereof still remaining unpaid and also the interest due thereon together with all the expenses incident to such sale or sales, or for making deeds surrender, and for fees of court and attorneys, and all costs or expenses incurred in the exercise of said power and all taxes, assessments and premiums for insurance, of any either either therefore paid by the said mortgagee lies executors, administrators or assigns, their remaining unpaid upon said granted premises, providing and paying the residue of said proceeds of sale if any there be and above the amount so to be retained as aforesaid, together with a true and particular account of such sale and sales expenses and charges, to the said William I Spofford his heirs, executors, administrators or assigns, and said sale or sales made as aforesaid shall be and perpetual fore closure both in law and equity against the said William I Spofford his heirs, executors, administrators and all persons claiming said premises by void, by grant or under them, or any of them. And the said mortgagor, for myself and for my heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and with 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 required. And furthermore, I the said mortgagor, for myself and for my heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and her 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, or her executors, administrators or assigns shall appoint, in a sum not less than ten thousand 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, or her executors, administrators or assigns as collateral security hereunto, and in default thereof hereby agree that the said mortgagee, or her executors, administrators or assigns, may effect such insurance in the name of the said

219 mortgagor, and his heirs and assigns, payable in case of loss to the said mortgagees, and her successors, administrators or assigns, and that the premiums or premiums paid therefor shall be a further charge upon said premises, secured by these presents. In witness whereof, we have hereunto set our hands and seals this 18th day of October in the year of our lord two thousand nine hundred and nineteen. Signed and sealed in presence of Eleanor Flattun George L Cross William J. Empatt L.S. Sola E Empatt L.S. State of Rhode Island County of Washington On this eighteenth on the 18th day of October AD, 1919 before me personally appeared William J. Empatt and Sola E Empatt to me known and known them to be the parties executing that following instrument and they acknowledged said instrument to be their free act and deed. George L Cross Notary Public Received for record Oct 20 1919 at 11 o'clock AM. and recorded by George Calzone Town Clerk I, the undersigned having received full payment and satisfaction of the within mortgage recorded in the records of East Greenwich in the Town of East Greenwich in the State of Rhode Island, in Book Number 14 at page 216, hereby cancel and discharge the same, and I covenant to and with the person making said payment, that I am the present owner of said mortgage. In witness whereof, I have hereunto set my hand and seal this 9th day of June, AD, 1920 Witness Cunne R. Hotell Troy Littlefield Recorded June 10th 1920 by George L Cross Town Clerk