3/13/1923 · MORTGAGE · book 20 page 428 doc 7627

428 shall by this present at all times hereafter peaceably and quietly have and enjoy the said premises and that I the said grantor's mill, and every successor, executor and administrator, shall warrant and defend the same to the said grantee and her heirs and assigns forever against the lawful claims and demands of all persons, And for the consideration aforesaid I Doris N. Davis, wife of said Samuel N. Davis do hereby release all my right of dower in and to the said granted premises unto the said grantee and her heirs and assigns forever. In witness whereof we have hereunto set our hands and seals this eighth day of March in the year of our lord one thousand nine hundred and twenty three. Reserve Executed in presence of Stamps 50¢ Eugene B. Bidleton Samuel N. Davis L.S. Doris N. Davis L.S. State of Rhode Island County of Washington Ss. On the eighth day of March AD 1923 before one personally appeared Samuel N. Davis, and Doris N. Davis her wife to me known and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument to be their free act and deed. Eugene B. Bidleton Notary Public Received for record March 10th 1923 at 9-15 o'clock A.M. and recorded by George G. Corwin Town Clerk Know all men by these presents, that I, Samuel N. Davis, of the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the mortgagor, in consideration of Four thousand Dollars ($4000) to and paid by Bryan T. Kenyon of the Town of Charlestown in said county and state hereinafter called the mortgagee, the receipt whereof i hereby acknowledge, do hereby give, grant, bargain sell and convey unto said mortgage and his heirs and assigns forever a certain tract or parcel of land being building in said Town of Charlestown located on the Easterly side of the West 도로 containing road.

is called, containing by estimation forty six acres, more or less winding the swamp land, and being all of the Kenyon family, so called spring in the easterly side of said West road which was encroached by Isaac Kenyon to his neighbor by deed of certain date herewith describes a strip fifty feet wide on the south side of said West Road running along said field until he reached put lot spring north salt of the lot belonging more or less to William Holden their mortgage deed it given as part payment for the purchase price of said land conveyed from the mortgagor to the mortgagees at appraised it is understood and agreed between the parties that the mortgagees may make without prevailing cuts on said land until he may be led to do he may see fit that he shall have time paid construction with building lot said that the mortgagees shall reduce his mortgage or let as sold according to their value in proportion to the amount paid from the mortgagees to the mortgagees in the original purchase price of said land it is agreed that in case the said land is plotted into one hundred or more lots of about equal size, that value of each lot for mortgage release purposes shall be pegged at fifty dollars To have and to hold the aforesaid premises with all the rights privileges and appurtenances thereunto belonging unto and to the use of the said mortgage, and her heirs and assigns forever, And the said mortgagor, is hereby, for myself and for my heirs, executors and administrators covenanted with the said mortgagees and her heirs and assigns warrants that the same are fully seised in the fee simple of to said granted premises, that the same are free from all incumbrances except such as may appear in said deed from the mortgagor to the mortgagees that I have good right full title and lawful authority to sell convey the same in manner as aforesaid that the said mortgagee with her heirs and assigns shall by these presents at all times forever for peaceably and quietly have and enjoy the said premises, and that I the said mortgagor will and my heirs executors and administrators shall and warrant and defend the same to the said mortgagees and her heirs and assigns forever against the lawful claims and demands of all persons And for the consideration aforesaid, I Marca M Davis, wife of said Samuel A Davis do hereby alien grant and every right of mine in and to the said granted premises unto the said mortgagees and her heirs and assigns forever. Provided nevertheless that this conveyance is made upon the express condition, that if the said mortgagor her heirs, executors, administrators or assigns shall pay with the said mortgage or her creditors, administration or assigns, the sum of four thousand dollars ($4000) interest the said mortgagor has made his form negotiable promissory

430 notes of $2,000 each to said aggregate sum, bearing own date with this present, and made payable to the order of Susan H. Kenyon, in six (6), twelve (12), eighteen (18), twenty (20), and twenty four (24) months respectively, from the date hereof with interest thereon at the rate of six (6) per centum, their owner paying will execute annually until said principal sum is paid, whether at or after maturity, and all installments of interest as in arrears, whether before or after maturity, to bear interest at the per rate aforesaid until paid and shall also pay all taxes and all other assessments of every kind levied or assessed upon or in respect of said premises this deed, as also said promissory notes shall become and be security to all intents and purposes whatever. But if default shall be made in the payment of the said notes or of interest at the law 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, then it shall be lawful for the said mortgage, their executors, administrators or assigns to sell together or in parcels, all and singular, the premises hereby granted or mortgaged to be granted, or any part or parts thereof held by the said said and security of redemption of the said Daniel M. Davis and his heirs executors, administrators and assign heirs at public auction upon the premises, and to bid for and become the purchaser or purchaser at any such sale and that some purchasers or purchasers shall be answerable for the application of the purchase money, first giving notice of the time and place of sale by publishing his notice at least once each week for three successive weeks in a newspaper published in Providence and to proceed to adjourn such sale from time to time, provided that the publishing of said notes shall be continued, together with a notice of the postponement or adjournments, at least once each week in the said newspaper, and in his or their own name or names, or as the attorney or attorneys of the said Daniel M. Davis (or that person replaced by their presents duly substituted 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 of or deeds of said premises in fee simple and to sell the proceeds of such sale or sales, and from such proceeds to satisfy all sums hereby secured, whether then due, or to fall due hereafter, or in the part thereof then remaining unpaid, and also the interest then due on the same, together with all expenses incident to such sale or sales, or for making deeds hereunder, and for fees of commissioner and attorneys, and all costs or expenses incurred in the execution of said power, and all taxes, assessments and

431 premiums for insurance of away, either meet their hand by the said mortgagee or their executors, administrators or assigns, in their remaining unpaid upon said granted premises, rendering and paying the sum of said principal of sale if any there be due and about the amount so to be refunded as aforesaid, together with a true and particular account of such sale of lots, expenses and charges, to the said Samuel H. Davis, or his heirs, executors, administrators or assigns, with whom such sale made as aforesaid shall cause the same to be a perpetual bar both in law and in equity against the said Samuel H. Davis, his heirs, executors, administrators and assigns, and all persons claiming said premises, as sold, boy, from or under him or theirs, or any of them. And the said mortgagor, for himself and for his heirs, executors, administrators and assigning hereby covenants with the said mortgagee, and his heirs, executors, administrators and assigns, that we will upon their request execute such deed or deeds confirmatory of said sale at such time as may be required. Of our witness whereof, we have hereunto set our hands and seals this eighth day of March in the year of our Lord one thousand eight hundred and twenty three, Executed in presence of Eugene B. Lindley [Signature] Samuel H. Davis L.S. [Signature] Nina H. Davis L.S. State of Rhode Island. County of Washington In Providence on the eighth day of March, A.D. 1923 before me personally appeared Samuel H. Davis and Nina H. Davis, his 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 deed. Eugene B. Lindley [Signature] Mary Belbin Received for record March 11 1923 at 9.45 o'clock a.m. and recorded by George Calarco, Town Clerk For transfer of foregoing mortgage also Deed assignment see Book 24, Page 110 For Discharging of above see Book 24, Page 524.