2/23/1962 · MORTGAGE · book 38 page 254 doc 7323@38/254

254 3. Said dwelling house shall either cost not less than $12,000.00 to be constructed, or shall have a market value of not less than $12,000.00 when constructed. Said dwelling house shall not have less than 1000 square feet of living area exclusive of cellar, breezeways, porches, patios, and storage areas. 4. No outhouse shall be permitted upon the above described premises and all toilet, bath, kitchen or other drain shall be piped to a suitable septic tank to be constructed and maintained on the above conveyed land by the mortgagor at her own expense now or in the future. Said septic tank shall not have a capacity of less than 750 gallons. 5. The construction of any house or any building permitted by this restriction must be completed within ten months after its foundation is started or a hole is dug therefor, except in the case of delay caused by shortage of labor or materials beyond the control of the grantees, their heirs and assigns. And no person shall be permitted to reside in any partly constructed, or unfinished building until such building shall be completed inside siding and roof; roof completed; chimneys and windows installed and outside doors installed. No portion of any building permitted by this restriction shall be constructed of any other material than solid cement or cinder block construction, etc., shall be covered with a lime finish three feet above the ground unless said cement or cinder block construction, etc., shall be covered with a stone or brick veneer or suitable wooden siding. 6. No store, hotel or drink of any kind shall be sold under any circumstances upon the above conveyed property. 7. No trailer, mobile home, tent, quenet but or similar or temporary dwelling may be erected or placed upon said lot. 8. In the event of a sale of the above described, conveyed and conveyed plot of land or any part thereof, by the grantor, her heirs and assigns, shall be given seven (7) days notice in writing, and shall have the first option to purchase the same, with the buildings and improvements thereon, at the highest bona fide offer for said property. 9. No poultry, swine, cattle, noisy or vicious dogs or cats, or any other noisy or objectionable animals or birds shall be kept or permitted upon the property. WITNESS our hands this 20th day of February 1962. MERVYN N. WARNOCK Mervyn N. Warnock THERESA J. WARNOCK Theresa J. Warnock (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 20th day of February 1962, before me personally appeared Mervyn N. Warnock and Theresa J. Warnock to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. EUWIN P. PIAZ Notary Public Received for record February 21st, A. D. 1962 at 10:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED KNOW ALL MEN BY THESE PRESENT: That I, MARIE D. HATHAWAY, of Charlestown, Rhode Island hereinafter called the "mortgagor", in consideration of Eight Thousand & 00/100 ($8000.00) Dollars, to me paid by INDUSTRIAL NATIONAL BANK of Rhode Island, a national banking association organized and existing under the laws of the United States of America, with its principal place of business in the City and County of Providence, in the State of Rhode Island, hereinafter called the "mortgagee", the receipt whereof is hereby acknowledged, do hereby grant to the mortgagees and its successors and assigns forever, WITH MORTGAGE COVENANTS, to secure the payment of the principal and interest of a certain promissory note of the mortgagor of even date herewith and bearing the serial number hereof, the following: That certain tract or parcel of land, 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: BEGINNING at the South East corner of the b line described heretofore, at a point which has been described in previous deeds as being "at a cherry tree" on the highway leading from "Crees Mills", so-called, to the Salt Pond, so-called; thence running northeasterly 15 rods and 10 links to a stake and stone boundary between said land and that of Benjamin and Sarah Burt; thence running North to Burt and stake and stones bounding southeasterly 12 rods and 10 links to a stake and stone boundary between said land and that of Charles and Sarah Burt; thence running northeasterly 15 rods to a stake and stones on the Portk and Road, so-called; bounding on land formerly of said Benjamin and Sarah Burt; thence running southeasterly on the Post Road to the first mentioned highway; thence running southwesterly bounding southeasterly on said highway to the point of beginning; or however otherwise the same may be bounded and described, EXCEPTING, however,

255 that trust of land conveyed by Benjam N. Berger to Benjamin G. Cavitt he deed dated June 10th 1931 and recorded in Book 24, at page 442 of the Charlestown Land Evidence Records. Being the same premises which were conveyed to George G. Hathaway and Marie D. Hathaway, as joint tenants, by deed of Aubrey Thorne and A. Crabtree, recorded in the Charlestown Land Evidence Records; said George G. Hathaway having ceased to have any right, title or interest in this mortgagor. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; provided, however, that publication of notice of a foreclosure sale may be made alternatively in a public newspaper published in the City of Providence, and that a foreclosure sale may be made held upon the premises or elsewhere at the option of the mortgagee, as specified in said notice. This mortgage is made subject to those additional covenants and agreements contained in a STATEMENT OF COVENANTS AND AGREEMENTS, a copy thereof having this day been delivered to the mortgagor, the receipt whereof is hereby acknowledged, the exact terms of which are on record in said Charlestown in Book 34, at page 40. Said covenants and agreements are hereby by reference made part of this mortgage, and if default shall be made in the performance or observance of any of the same, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for the consideration aforesaid, I, said mortgagor, covenants that I am unmarried. IN WITNESS WHEREOF, the mortgagor has executed these premises on the 21st day of February, 1962. MARIE D. HATHAWAY Executed in presence of: FRED RATHER Individual Acknowledgment STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 21st day of February, 1962, before me personally appeared the above named MARIE D. HATHAWAY, to me known and known by me to be the party executing the foregoing instrument and acknowledged said instrument by her executed to be her free act and deed. HEATHER M. HANKS FIELD Notary Public Received for record February 23rd, A.D. 1962 at 9:16 o'clock, a.m. and recorded by [Signature] Deputy Town Clerk (FOR DISCHARGE OF ABOVE MORTGAGE SEE Book 61, Page 578) ---- STATUTORY FORM OF WARRANTY DEED We, HOWARD E. THIRP and NELSON H. THIRP, both of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid grant to ARTHUR C. FISHER, JR. and NORMA JEAN FISHER, husband and wife, both of North Providence, County of Providence and State of Rhode Island, as Joint Tenants and not tenants in common, coming to the survivor, with WARRANTY COVENANTS, A certain tract or parcel of land situated and located at Conquatenaug Central Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island and bounded and described as follows, to wit: Beginning at a point on the northerly line of Sea Breeze Avenue, said point being the south- easterly corner of the parcel herein conveyed and the southwesterly corner of the land belonging to, Turner thereby westerly along the northerly line of Sea Breeze Avenue forty-two (42) feet to the beginning of a curve flowing northeast curve having a radius of twenty-(20) feet; thence continuing westerly, northerly and northerly around said curve to the intersection of the boundary line of the land of Five Foot; thence continuing northerly along the easterly line of View Road one hundred five (105) feet to the northwesterly corner of the parcel herein conveyed; thence turning a right angle east extending easterly a distance of sixty (60) feet to the northeasterly corner of the parcel herein conveyed, said point also being the northwesterly corner of said Turner land;