The instrument's own words
page 1
410 KNOW ALL MEN by these presents That I, James A.
Babcock of westerly, county of Washington, State of Rhode Island in
consideration of the sum of Four Hundred Dollars declare to me hereby
William G. Babcock his liability in said county and State, the receipt whereof
is hereby acknowledged do hereby sell, release and forever quit claim
unto him the land vacate nearby his resignation forever, all the right
The parcel of property, claim and demand which I now have, or of
any right to presume, in and to a certain tract of land situated in
said town aforementioned and bounded as follows viz: beginning at the south
east corner of said tract, thence west bounded by state road and westerly by
said road formerly owned by several persons, southerly by the river slanted
and bounded by my neighbor S. L. Babcock or whoever otherwise boundaries
being a point at the end of said line to my center pleasure, boundary
to have and to hold the same, with all rights, privileges and
appurtenances thereto appertaining unto and to the use of him the
said William G. Babcock and his heirs and assigns forever, and I, the aforementioned
James A. Babcock for myself and for my heirs, executors and administrators
state as soon as it is that the said William G. Babcock his heirs and assigns
That i will warrant and defend the described premises unto
the said party as his heirs and assigns forever, against the lawful
claims and demands of all persons coming asserting their strength or title
moreover, I James A. Babcock, with the aid and assist of James S. Babcock in
acknowledgment of a sum of four hundred dollars, please accept and
sign this document in the presence of his heirs and assigns all
right of possession, in and to the described premises,
In witness whereof, we have subscribed our bonds and
seals this 18th day of February in the year of our lord one thousand
and one hundred and twenty three
Signed, sealed and delivered in the presence of
James S. Babcock Ld.
Bonie A. Babcock Ld.
[Signature]
[Signature]
[Signature]
the State of Rhode Island
county of Providence SS
On this twenty ninth day of February AD 1923
I, personally certify that the signatures above named James S. Babcock and Bonie A.
Babcock to me appeared and declared and informed me to be the parties sealing
the aforesaid instrument and they acknowledged and admitted instrument
to them granted, to be their act and seal
Horace G. Burchell
Agency Public Ld.
Recorded 2nd Feb 21 1925 at 2-35 o'clock PM.
and approved by George L. Moore Town Clerk
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or vs parcels all and singular, the premises hereby granted a intended to be
granted, or any part or parcel thereof, and the covenant and warranty of assumption
of the said witnesses and their heirs, executors, administrators and assigns,
therein, at present, and within upon the premises, and to win and be seen the
purchaser or purchasers of any such sale and no other 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 the same at least once at least
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 probability of publishing and notice named be executed, together with
a notice of the adjournment and advancements, at least once each week in made in
the newspaper and in this manner written as follows "---" and in this manner it
at any so otherwise the said trustee be authorized to sell’s houses
and properties both improved and unimproved with power of alienation
and assumption, to make exhibits and deeds to the buyers alone as purchasers
of such sale as and sufficient and secure and safe of any business he can
convey, and to receive the proceeds of such sale and it is agreed, and it is
with purpose to forward all such sums as they are, whether there are
to such a treasurer, or the party of the first part or someone else, and
also the interest thereon if any shall accrue together with any expenses incurred
in such sale or deeds, or for making such transfers, and for deed of
conveyance and attorney, and etc etc etc etc payments received in the
exercise of said powers, and all taxes, assessments and charges
incidental thereto, if any incurred for and by the said trustee and his
executors administrators or successors etc etc etc concerning certain
lands and granted premises, tenements and parcels the balance
of said proceeds of sale if any there be, on such and where the amounts
is to be retained as deposit, together with a true and particular
account of such sale or sales expenses and charges, to the said
mortgagee for her, heirs, executors, administrators or assigns, which sale
or sales made as aforesaid, shall serve as a full payment both in
sum and equity against the said mortgagee her, heirs, executors, admini-
strators land at signs, and all persons claiming head tenures, heritages,
so on or in whom or where ben, them, or any of theirs, and the said
mortgagee, for herself and for her heirs, executors, administrators
and assigns, hereby covenants with the said mortgagee, and his
heirs, executors, administrators and assigns that she and that she will
upon request execute such deed or deeds confirmatory of said sale
as shall be required and furthermore, the said
mortgagee, for herself and for her heirs, executors, administrators
and assigns, hereby covenants with the said mortgagee, and his
heirs, executors, administrators and assigns, that insurance against
loss by fire shall be kept as aforementioned on the buildings
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414
...the premises aforesaid, in such office or offices as the said
mortgagee, and their executors, ad administrators or assigns, shall
elect to do, in a sum not less than three thousand and one hundred
dollars and that the money or policies of insurance shall be
used and converted, or made payable in case of loss to the said
payee, trustee, or their executors, administrators or assigns, as
collateral security partly, and in deposit however partly, upon
that the said trustees, or their executors, administrators or assigns,
may collect such insurance in the name of the said mortgagor,
and not less, nor more, nor payable in case of loss to the said
mortgagee, and their executors, administrators or assigns, and that
to reimburse me or reimburse them if there should be any after their charge
out of such insurance proceeds provided they have’t been used.
In witness whereof, I have hereunto set my hand and seal this
... day of February in the year One thousand nine
hundred and twenty four.
Signed and sealed in presence of
C. S. Thayer
H. Moore, M. L. Moore L.S.
Chris. A. Moore L.S.
---
State of Rhode Island
County of Providence
The foregoing instrument was acknowledged before
me necessary appeared James and Sarah J. Wood, husband
and wife, to be known to me to be the parties executing the
foregoing instrument, and they acknowledged said instrument be
their free act and deed.
Howard B. Hook
Notary Public L.S.
Received for record Feb 25th 1924 fee $ 5.45 paid this sum.
And recorded day 25th Feb 1924 fee 1.00 else
---
I, John M. Buddington, the undersigned having received full payment
and satisfaction of the certain mortgage recorded in the records of land evidence
in the town of Charlestown, in the State of Rhode Island, in mortgage book number
11 at page 411, 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 real seal this
23rd day of August, AD '29.
R. E. Thayer
John M. Buddington
Recorded Aug 26th 1929
By George L. Moore Tom Clerk
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416
le, void became and is resolved, void to all intents and purposes
whatsoever, but it is agreed that shall be made in the payment of
the paid note or of paid interest at the time or times and in the manner
stipulated or of the Terms or assignment aforesaid as the same became payable
or of any or either of them or of any part thereof if or breach shall be made
the covenant hereunto reserved hereinafter contained then it shall be lawful
for the said mortgagees and executors, administrators or assigns to sell,
mortgage or in parcels, all and singular the premises hereby granted or
intended to be granted, or any part hereof thereof and the benefit and
security of redemption of the said Nathan S Holloway and his heirs, executors
administrators and assigns thereof, by public auction upon the premises,
and to sell and to cause the purchasers or purchasees at any such sale
secured and in other purchasers or purchasees shall be enough for the
publication of the purchasers name, first giving notice of the time and place
of such public sale at the same place at least once each week for three successive
weeks in some public newspaper published in said Providence county with
notice to adoption and such other laws to provide that the publishing
of notice shall be deemed sufficient, together with a notice of the appointment
or appointment of an auctioneer at 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 Nathan S Holloway (for that purpose by these presents duly
authorized and appointed with full power of substitution and association),
to make, execute and deliver to the purchaser or purchasees at such sale
a good and sufficient deed of sale and release in fee simple, and to
receive the proceeds of such sale or sales, and from such proceeds to return
and make remedy reward, whether then due or to be due therefore on the part
thereof then remaining unpaid, and also the interest then due on the same,
together with all expenses incurred in such sale or sales, or for making such
newspaper and notice of cause and attorneys, and all costs or charges
incurred in the exercise of said powers powers, and all other expenses assessment and
payments for insurance of any other taxes therefore paid by the said mortgagees
their successors administrators or assigns, or then condemning instead where
it is’ provided promising concluding thus having the surplus of if any’
of such it are then more and not above aforementioned to be delivered as
aforesaid, together with a true and particular account of such sale
or sales, together or answers to the said Nathan S Holloway his heirs,
executors or administrators as witness a such sale or sales made or
assessment made such as a published here both in law and in equity
against the said Nathan S Holloway his heirs, executors, administrators
and assigns, and as secure binding and premises as had,
be they from me under them, or any of them! and the said mortgage,
be termed and for his heirs, executors, administrators and assigns,
hereby covenant with the said mortgage, and his heirs executors,
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417
administrators and assigns, that he and they will upon request execute such
deeds or other confirmatory of said sale or release as may be required.
And furthermore, I the said mortgagor, for myself, my heirs, executors,
administrators and assigns hereby covenant with the said mortgagee, and said
executors, administrators and assigns, that whereas certain lots shall
be kept and maintained in the buildings on the premises described, in one
office or offices on the said mortgage, and said executors, administrators or
assigns shall allow, in a sum not more than five hundred dollars, and
that the policy or policies of such insurance shall be assigned and transferred
to the said mortgagee or possible payables in case of loss, to the said mortgagee, or said executors,
administrators or assigns as collateral security thereof, and in event of
their default, hereby agree that the said mortgagee, or his specified, administrators
or assigns in case of any loss which occurred in the name of the said mortgagor,
and his heirs and assigns, by insurance in case of fire to the said mortgagee,
and our executors, administrators or assigns, that the premises or
premises paid therefore shall be a further security for the said premises
secured in their preference.
In witness whereof, I have hereunto set my hand and seal this 24th day
of February in the year of our lord one thousand eight hundred and twenty first.
Signed and sealed in presence of
George L. Simmons,
Nathan S. Holloway L.S.
State of Rhode Island
County of Providence
On this twenty fourth day of February, A.D. 1821 before me
in Charlestown, on the 24th day of February, A.D. 1821 before me
personally appeared Nathan S. Holloway to me known and declared me to
be the party sealing the foregoing instrument, and he acknowledged,
and admitted the same to be his act and deed.
George L. Simmons,
Isaac T. Provis.
Received for record February, 24th 1825 at 3 o'clock P.M.
and recorded in volume G page 417, Tom Clark
I the undersigned having received full payment and satisfaction of the
within mortgage in the records of land evidence in the town of Charlestown
R.I. in Book G 21 of pages 415, 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 this 18 day of
January A.D. 1829
Deborah H. Coashman.
Recorded from Bk. 18, 1829
By George L. Simmons
Tom Clark