5/18/1920 · MORTGAGE · book 19 page 284 doc 7290

284 rights, privileges and appurtenances thereunto appertaining, unto and to the use of him the said Charles H. Rietzel his heirs and assigns forever, and I, the aforementioned Mattie P. Barkin for myself and for my heirs, executors and administrators do covenant with the said Charles H. Rietzel his heirs and assigns, that I will warrant and defend the aforesaid described premises unto the said Charles H. Rietzel his heirs and assigns forever, against the lawful claims and demands of all persons claiming the same, through or under me, and I covenant that I am un married. In testimony whereof I have hereunto set my hand and seal this 5th day of May in the year of our Lord one thousand nine hundred and twenty. Signed and sealed in presence of Mattie P. Barkin L.S. George C. Cross State of Rhode Island County of Washington On Charleston on the 5th day of May A.D. 1920 before me personally appeared Mattie P. Barkin to me known and known by me to be the party executing the foregoing instrument and she acknowledged and instrument but she speculated to be her free act deed. George C. Cross Notary Public Received for record may 18th 1920 at 10-30 o'clock this and recorded by George C. Cross Town Clerk KNOW All Men by these presents, that I, Himan E. Eldridge, of the Town of Charlestown in the County of Washington and State of Rhode Island being late called the mortgagor in consideration of Three thousand ($3000) dollars to me paid by Peter R. Pheasan of the Town of North Kingstown, in the county of Washington and State of Rhode Island hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby grant, bargain, bargain, sell and convey unto the said Mortgagee, his heirs and assigns forever, certain tracts or parcels of land situated at Quonocutang Beach in said Town of Charlestown

228 In consideration of the purchase price it is understood and agreed that the following restrictions and reservations shall apply to and run with the land hereby conveyed for a period of Thirty years from November 1, 1948. The above conveyed premises shall be used for residential purposes only, and only one residence shall be constructed on the land hereby conveyed, said residence to be of a class not to cost less than Three Thousand Dollars, to be built not nearer the street line than the building line of twenty-five feet as shown on said plat, and not nearer any side or rear boundary line of the lot than twenty-five feet, which is approximately one hundred seventy feet from the streetline as shown on said plat. No portion of any building erect- ed on said lot shall approximate the street line within five feet; no detached garage or other buildings shall be erected on said lot excepting one semi one story boathouse structure which may be erected on the shore of the pond, and no other lot toilets must be constructed; flush toilets and all toilets and sinks must run directly into a septic tank or cesspool etc. In consideration of the purchase price, the grantors, their heirs, executors, administra- tors and assigns, hereby reserve and retain a right of way in and across the ways or roads to the public highway "Main Road" and in common with all others at all times and for all purposes in common with others, leggon Avenue and Parcel "M" surrounding the Lagoon as shown on said plat for the purpose of using said lagoon for boating and sail boat etc and reserve the right to use the "Beach" area. The grantees and the said grantors, their heirs, executors, administra- tors, assigns, licensees, guests and servants are granted a right of way in and across the ways or roads to the public highway "Main Road" and in common with all others for the purpose of passing in vehicles, in common with others. Said lots are shown on a certain plan or plat of lots, "Plat of the Beach Section of Charleston Estates, Inc." Vol. I, Bulletin G. E., make 1 inch equals 100 feet, revised July 1931." Which plat is duly recorded in the land evidence Records of Charleston in book 156 page 117. In consideration of the above rights and privileges to access and recess from the within granted premises to the motorway, Charleston Pond and the Atlantic Ocean, the grantors, their heirs, executors, administrators and assigns, hereby hold harmless Charleston Estates, Inc., its successors and assigns harmless and blameless from any damage or liability of any kind or nature what so ever arising out of the use of any of the rights of way hereinabove specified. The use of Parcel "M" and lots #559 and #554 shall not be commercialized. Meaning and intending to convey the first trust as conveyed to these grantors by Charleston Estates, Inc., by deed dated February 9, 1950 and duly recorded in the Land Evidence Records of the Town of Charleston in said book 156 at page 117. WITNESS our hands this 10th day of January 1962. TIMOTHY J. MOE GABRIELLE D. MOE (DOCUMENTARY STAMPS, $3.85) STATE OF RHODE ISLAND COUNTY OF WASSACHUSETT In Westerly on the 10th day of January 1962, before me personally appeared Timothy J. Moe and Gabrielle D. Moe, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by their executed, to be their free act and deed. DELSON M. THREP (Notarial Seal) Notary Public Received for record January 17th, A. D. 1962 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk

286 or formerly of David Henry forty feet to land of Stephen B. Beachman to unite by the most bound of said lot at the Breach; thence southerly bound Beachly by the Breach to the first mentioned bound, being the west half of the Beach lot bought by David Henry from John M Bridgman. To have and to hold, the aforesaid premises, with all the privileges and appurtenances thereunto belonging unto and to the use of the said mortgage, and his heirs and assigns forever, and I, the said mortgagor, as fully, and justly, do grant and give, my heirs, executors and administrators shall and [illegible] to him and his assigns and assigns that I am lawfully seized in fee simple of the said granted premises, that the saids are free from all incumbrances other than a prior mortgage to said mortgagee in the last parcel of land in the said portion, and 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 peaceably and quietly have and enjoy the said premises and that I the said mortgagor, will, direct 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 for the consideration aforesaid of said Elizabeth manche bridge, wife of the said Thomas G Bridge do hereby release all my right sequence in and to the said granted premises unto the said mortgagee and my heirs and assigns forever. Provided, Nevertheless, that if this conveyance is made upon the express condition, that if the said mortgagee his heirs, executors, administrators or assigns, shall pay unto the said mortgagee or his executors, administrators etc etc etc, the sum of five thousand dollars, whether the said mortgagee has made his negotiable promissory notes or paid receipts sum, being due with interest at ten per cent, and with cost payable to the said mortgagee within six months from the sole thereof, with interest thereon at the rate of six per centum, per annum, payable quarterly until said principal sum is paid, whether at or after its maturity, and in writing until payment in instead, whether before or after maturity, to bear interest at the rate aforesaid with pride, and shall allow any losses and assessments of every kind levied or assessed upon or in respect of said premises, then said deed as who said promissory note shall become and be absolutely void to all intents and purposes whatsoever. But if default shall be made in

the payment of the said note or of said interest at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or of any or either of them, or of any part thereof, or if default shall be made of this covenant for unmarried installments contained, then it shall be lawful for the said mortgagee, his executors, administrators or assigns, to sell, solicit or in parcels, bill and singulars, the premises hereby mortgaged or intended to be granted, or any part or parts thereof, and by the benefit and equity of redemption of the said mortgagor and his heirs, executors, administrators and assigns thereat, 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 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 successive weeks in some newspaper published in Providence, Rhode Island, with power to adjourn such sale from time to time, provided that the purchaser of this notice shall be continued together with a notice of the adjournment or adjournment, 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 mortgagor (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation), to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds of said premises in full conveyance, and to receive the proceeds of such sale or sales, and from such proceeds to place said sum hereby recovered, whether the same are or shall fall due thereafter, or the part thereof remaining unpaid, and also the interest then due on the same, together with all expenses incident to such sale or sales, for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said power, and all taxes, assessments and premiums for insurance, of any sitio tied upon by the said mortgagor his executors, administrators or assigns, or then remaining unpaid, upon said granted premises, deducting and paying the surplus of said proceeds of sale of any there be, out of and above the amounts as to be recovered as aforesaid together with a full and particular account of such sale or sales, expenses and charges to the said mortgagor, his heirs, executors, administrators or assigns, which such sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity against this said mortgagor in his heirs, executors, administrators and assigns, and all persons claiming said premises

288 no to be sold, by, from or under 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, 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 further more, I the said mortgagor, for myself and for my heirs, executors, administrators etc assigns, hereby covenant with the said mortgagee, and his executors, administrators and assigns, that improvements against loss by fire shall be kept and maintained on the buildings or the premises above described, in use office or offices as the said mortgagee, and his executors, administrators etc assesses, shall act will, in a sum not less than Three 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 his executors, administrators etc assigns, as a collateral security hereunto, and in default thereof hereby agree that the said mortgagor, or his executors, administrators or assigns, may effect such insurance in the name of the said mortgagee, and his heirs and assigns payable in case of loss to the said mortgagee and his executors, administrators etc assigns and that the premiums or premiums paid therefor shall be a further charge upon said granted premises secured by these presents, As witnesses whereof we have hereunto set our hands and seals this 17th day of May in the year of our lord one thousand nine hundred and twelve, Signed and sealed in presence of Thurman F. Eldridge L.S. Tolerance E. Booths, Elizabeth Maud Eldridge L.S. State of Rhode Island County of Washington Before Me Notary on the 17th day of May A.D. 1912 before me personally appeared Thurman F. Eldridge and Elizabeth Maud Eldridge husband and wife of said jurisdiction, to me known and known over to me to be the parties executing the foregoing instrument, and severally acknowledged said instrument by them executed to be their free act and deed. Tolerance E. Booths, [Signature] Public Notary L.S. Received for record May 18th 1920 at 9:30 o'clock A.M. and licensed by George tolerance [Signature] Clerk For transfer of foregoing mortgage see Book 112 page 81