9/30/1922 · MORTGAGE · book 20 page 323 doc 7560

451 therefor during said term the rent of Fifty Dollars for each and every during the continuance of this lease, until said rent is paid in full. And the said Lessee for and for his executors, administrators and assigns, covenant with the said Lessor that he and for his heirs say paid rent at the times and in the manner aforementioned; and that in case of failure on his part to pay the same within 30 days subsequent to the time above specified (and it shall not be required that any demand be made for the same), or in case of failure to perform all the cove- nants and agreements contained in this Lease on the part of the said Lessee to be kept and performed, the said Lessor, their heirs and assigns, shall be at liberty to enter upon said premises and declare this lease at an end and take immediate possession of the premises; and that the said Lessee will keep the interior of the premises in good repair, including the setting of glass in windows and doors, during the continuance of this lease. and at the said expiration or sooner termination thereof, will quietly and peaceably surrender up posses- sion of the premises to the said Lessors their heirs or assigns in as good order as they now are, or may be put in, ordinary wear and tear, and damages by the elements, excepted, and that he will not assign this lease, nor underlet the whole or any part of the premises, and will not make or suffer to be made any alterations in the premises, without the consent in writing of the said Lessors, their heirs or assigns; and that the said Lessors, their servants and agents, may at all reasonable times enter to view and make such necessary repairs to such premises as may be necessary. The Lessors agree to furnish water to all the Lesses when it is available. The Lessors will not sell any of those Lesses hold unless the Lessees are given first option to purchase. The Lessors are to furnish their on toilet facilities. Bathing privileges at Watchaug Pond is given to the Lessees. The Lessees will have right to renew their leases perpetually each year for one year on condition that they conduct themselves properly and create no disturbance to the inconvenience of other laees. IN WITNESS WHEREOF we have hereunto set hands and seals, this 1st day of May, 1962. Executed in presence of GEORGE A. BEAUDENT DOROT GORDON ALICE GORDON ROGER R. GORDON LILLIAN T. GORDON DORIS G. GORDON RAYMOND G. GORDON STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Woonsocket on the 1st day of May A.D. 1962 before me personally appeared Roger R. Gordon, Lillian T. Gordon, Raymond G. Gordon, and Doris Gordon to me known and known by me to be the parties executing the fore- going instrument, and acknowledged said instrument, by them executed, to be their free act and deed. GEORGE A. BEAUDENT Notary Public Received for record August 13th A.D. 1962 at 11:03 o'clock A.M. and recorded by [Signature] Deputy Town Clerk THIS INDENTURE OF LEASE Entered into on the 1st day of May A.D. 1962 by and between Roger R. Gordon, Lillian T. Gordon, Raymond G. Gordon and Doris Gordon hereinafter called the Lessors, and France A. Decelles hereinafter called the Lessee WITNESSETH, That the said Lessors hereby demise and lease unto said Lessee the following described real estate: Beginning at a rail shore line on a boulder located on the easterly side of Watchaug Pond in the Town of Charlestown, State of Rhode Island, which point is the southwestern corner of land owned by these Lessors Thence in an easterly direction and along the southerly line of land owned by these Lessors 400 feet to a point, which point is the southeastern corner of said land; Thence northerly and at right angles 47 feet; Thence easterly and at right angles 100 feet to a point; Thence northerly and at right angles 47 feet to a point; Thence westerly and at right angles 100 feet to a point; Thence westerly and at right angles 100 feet to the point of beginning. Being lot No. 11 on a proposed plat of land owned by the lessors; TO HAVE AND TO HOLD the same with the appurtenances unto said Lessees, their executors, administrators, and assigns, for and during the term of ten years from the 1st day of May A.D. 1962, to the 30th day of April

324 otherwise bounded, intending to convey the same premises conveyed to her mortgagor by deed from J. Nelley and Edwin S. Babcock by deed dated August 1922 and recorded in said records signed by said grantors to whom, reference to the same being hereby made and made the same a part hereof. It further agreed that the mortgagee, his heirs and assigns, are to have a right of way ten (10) feet in width across the northern line of the land now owned by Herbert B. Leeds, lying between the premises hereby conveyed and the highway to use the roads and routes with access to port at all times and for all purposes. To have and to hold, the aforesaid 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, bind I my heirs, executors and administrators, covenant with the said mortgagee and her heirs and assigns that I am lawfully seized of the rights 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 her heirs and assigns shall by these presents quiet all times hereafter peaceably and quietly have and enjoy the said premises, and that I, the said mortgagor will, bind my heirs, executors and administrators shall warrant and defend the same to the said mortgagee and her heirs and assigns forever against the lawful claims and demands of all persons, And for the consideration aforesaid I, Thomas J. Collake trustee of the aforesaid Mary H. Collake do hereby release all my right of convey in land to the said granted premises unto the said mortgagee and her heirs and assigns forever. Provided, however, that this conveyance is void and upon the following condition, that if the said mortgagor her heirs, executors, administrators or assigns, shall fail to pay unto the said mortgagee or her executors, administrators or assigns, the sum of two thousand (2000) dollars, whereas the said mortgagor has made a negotiable promissory note for said aggregate amount, bearing date with these presents and made payable to the order of Mary Jane Hopkins from the date thereof, with interest thereon at the rate of six per centum per annum payable annually in advance until said principal sum is paid, whether at or after maturity, and all installments of interest in arrears, whether before or after maturity, to bear interest at the rate aforesaid until paid.

and shall also pay all taxes and assessments of every kind levied or accrued upon or in respect of said premises, then this deed as also 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 promissory note or of said taxes at the time or times and in the manner provided, or of the taxes or assessments aforesaid, as the same become payable, by any party or either of them, or any part thereof, or if breach shall be made of the covenants for tenure herein contained, then it shall be lawful for the said mortgagee her executors, administrators or assigns to levy, gather, or in process, all and singular, the premises hereby granted or entrusted to said parties, party parts thereof called the mortgagor and equity of redemption of the said mortgage and her heirs, executors, administrators or assigns Points, at public auctions upon the premises, and to bid for and become the purchaser or purchasee at any such sale and one or more purchasers or purchasees shall be entitled for the application of the purchase money first causing notice three times and three days by publishing the same at least once each week for three successive weeks in some newspaper published in Washington county, with power to adjourn such sale from time to time provided that the publishing of said matter shall be continued with a notice of the adjournment or adjournment, at least once each week in the same newspaper; and in her or her 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 reinvocation) to make, execute and deliver to the purchaser or purchasees at such sale a good and sufficient deed or deed of sale of said premises in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or to fall due thereafter of the said trust then remain unpaid, and also the interest thereon due on the same, together with all expenses incident to such sale or sales, or for making said levy and tender, and for fees of convey and attorneys and all costs or expenses incurred in the exercise of said power, and all taxes, assessments and premiums for insurance, if any, either heretofore paid by the said mortgagee her executors, administrators or assigns, or that remaining unpaid upon said granted premises, residing and paying the balance of said proceeds of sale, if any there be, over and above the amounts as is to be retained as aforesaid, together with a love and

326 particulars account of such sale or sales, expenses and charges to the said mortgagor, heirs, executors, administrators & assigns, which sale or sales made as aforesaid shall be a perpetual bar both in law and equity against the said mortgagor, her heirs, executors, administrators & assigns, and all persons claiming said premises as sold by, from or under them or any of them. And we the said mortgagor, for herself and for her heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and her heirs, executors, administrators and assigns that she will and they will upon request secure 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 her executors, administrators and assigns that insurance against loss by fire shall be kept held good and maintained on the buildings on the premises aforesaid, in such office or offices of the said mortgagee and her executors, administrators & assigns shall be effected in an adequate sum, and that the policy or policies of such insurance shall be assigned and delivered to make payment in case of loss, to the said mortgagee, or her executors, adminis- trators or assigns, as a collateral security hereto, and in default hereof hereby agree that the said mortgagee, or her executors, administrators or assigns, may effect such insurance in the name of the said mortgagee, and her heirs and assigns, payable in case of loss to the said mortgagee, and her executors, administrators or assigns, and that the premium or premiums paid therefore shall be a further charge upon said granted premises secured by these presents. In witness whereof we have hereunto set our hands and seals this 22d day of August in the year of our Lord one thousand nine hundred twenty two. Signed and sealed in presence of Mary A. Clarke L.S. H. E. Sharp Thomas J. Clarke L.S. State of Rhode Island County of Washington In Hopkinton on the 22d day of August AD 1922 before me personally appeared Mary A. Clarke and Thomas J. Clarke wife and husband,

327. To me known and known by me to be the parties sealing the foregoing instrument and they acknowledged said instrument by their execution to be their free act and deed. Edward B. Tharp Amy Tharp Received for record Sept 30th 1922 at 2:05 o'clock PM. and recorded by George G. Coons Town Clerk I the undersigned, having received full payment and satisfaction of the within mortgage recorded in the said book of evidence in the town of North Kingstown in the State of Rhode Island, in said record book number 24, at page 323, hereby cancel and discharge the same And I covenant with 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 21st day of February 1880. Indy J. Hopkins Recorded Feb 25 1880 by George G. Coons Town Clerk KNOW ALL MEN by these presents that I Stephen T. Browning of the Town of Narragansett in the County of Washington and State of Rhode Island, hereinafter called the grantor in consideration of ten dollars to me paid by Thomas H. Brown lengthman of the Town of North in paid county and state hereinafter called the grantee for the receipt whereof I do hereby grant bargain sell deed and convey unto the said grantee and their heirs and assigns forever a certain tract of beach and marsh land situated in the Town of North Kingstown in said county and state and bounded and described as follows beginning at the south east corner of land of Jesse T. Browningly at the ocean, thence northely bounding boundary line of said land’s namely to the highway, thence north westerly bounding boundary line of said highway 54.6 feet, thence south westerly bounding boundary line of beach to the ocean, thence northerly bounding boundary line by the ocean 57.5 feet to the place of beginning The march land lies both of said highway and is also called continuation of the Coast and other limits of the above described tract to be called North Kingstown Pond, or however otherwise bounded. To have and to hold the aforementioned premises with all the privileges and appurtenances thereunto belonging unto and to the use of the said grantee their heirs and assigns forever, And I for the said grantee, the heirs ly, for myself bind my heirs, executors and administrators,