The instrument's own words
page 1
Know all men by these presents, that one Edward Whitening
and Hilda Whitening of Charlestown, County of Washington and State of
Rhode Island, indebted called that mortgage in consideration of one
thousand dollars to the paid saying Hilda Whitening of the city and state of here
both mentioned called the mortgage, the accept receiver of already assuming,
so hereby, as well, agents bought’s said and convey unto the said mortgage,
and his heirs and assigns forever, all that piece of land situated in
said Charlestown, with all the buildings thereon standing, containing in
its whole some more or less and bounded on the south by the road and meeting
house boundary of nearby lands, in the East by way through woods and on the
North by [illegible] and West also and otherly lot twenty seven and more
and bounding thirty acres more or less and it bounded neighboring in a
for made it from the north, east, south and west formerly known as [illegible]
lands, bounded on north and east some forty thirty three and south thirty
one and formerly some land as following a boundary otherwise called
of said lands may be bounded.
To have and to hold the said
premises, with all the rights, privileges and appurtenances premises belongs
unto and unto the use of the said mortgage, within heirs and assigns forever,
And one the said mortgage is duly paid, for ourselves and our heirs,
executors and administrators forever, with the said mortgage and
heirs and assigns declaring that we are and lawfully seized in all rightful of the said
granted premises that the same are free and unencumbered that we
have good right fully full power and lawful authority to sell and convey the
same in manner as aforesaid that the said mortgage and heirs being
and assigns weighing their process and all times hereafter forever and
quietly have and enjoying the said premises and that we the said mortgage
will, and our heirs, executors and administrators shall warrant and
defend the same to the said mortgage and our paying and assigns forever
against the lawful claims and demands of all persons,
Provided nevertheless and this conveyance is made upon the condition,
providing, that if the said mortgage, their heirs paying grantees administrators
or assigns shall not pay unto the said mortgage or seen executors, administrators
or assigns, the sum of five thousand dollars, whereas the said
mortgage shall make their mortgage promissory note for said
aggregate sum, wearing some date into these presents, and make payment
to the order of said mortgage these years from the date hereof, with
interest thereon at the rate of six per centum per annum payable semi
annually until said principal sum is paid, whether before 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, void and ensure
upon or in respect of said premises, first paid such as are and
promissory note shall become void and of no effect void to all intents
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32
and creatures whatever, 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 other or agreements aforesaid, at the
same become payable, as of any or either of them, or of any part thereof,
or if breach made of any of the covenants for insurance hereinafter
contained then it shall be lawful for the said mortgagee her executors,
administrators or assigns, to sell, together or in parcels, all and singular,
the premises hereby granted or intended to be granted or any part
thereof, with all and singular the rights and appurtenances of any part
thereof including said buildings and their sites, speaking, meadows,
privileges and what soever upon the premises, and to sell and
to sell such premises the mortgagor or possessors or occupants shall
with all due notice be summoned to appear and attend at such sale
the occasion of the said money, first giving notice of the time
and place of such sale by posting a notice at least once and
further as necessary to make known after publication, in Washington
county, with posters or summons from time to time, provided
that the payments of said notes shall be continued, together with
a notice of the date of payment as upon notice, at least once such
made in the same manner aforesaid, and in such or their own name
or names in the alternative as any of the said mortgagors (for
their part however they shall be’ authorized and appointed with
full power of substitution and etc etc) to make, execute and
deliver to the purchaser or purchasers at such sale a good and
sufficient deed or deeds of said premises in the simple and
to collect the proceeds of such sale or sales and from such
proceeds to retain all sums thereby due and owed, whether then due
or to become due hereafter, or the part thereof then remaining unpaid,
and also the wages on the same together with all
sufficient interest to such sale or sales etc, for making said
summons, and 4th, etc. and of course all attorneys and all
costs or expenses incurred in the pursuit of said process, and
all taxes, assessments and premiums on insurance of any
estate in the fee simple of the said mortgage, over and above
which is not paid or settled etc, so far from diminishing anything upon
said said premises rendering and paying the quantities of
said said sum of money if any shall be due and also the amount
not to be attained as aforesaid, together with a rate of interest
of ten per cent per annum on all damages and charges, to the
said mortgagor their heirs, executors, administrators or assigns, which
said powers made as aforesaid shall forever be perpetual be
both in law and equity against the said mortgagors their heirs,
executors administrators and assigns, and all persons claiming
page 3
and premises, so sold, by, from or under them or any of them, and the said
mortgagors for themselves, and for their heirs, executors, administrators and
assigns do, hereby covenant with the said mortgagees, and their heirs, executors,
administrators that she and they will warrant as quiet use opposite such and r
due conveyance of said place as received may be required
And furthermore the free said mortgagees, for ourselves and our heirs,
executor, administrators and assigns, hereby covenant with the said
mortgagors, and their heirs, executors, administrators and assigns that insurance
on said lots by her shall be kept, maintained on the buildings on
the premises described in such deeds or suffered at the said mortgage
said her executors, administrators or assigns shall appear in a sum
not less than one thousand dollars, and that the policy or policies of
such insurance shall be assigned and endorsed, or made over in
case of loss, to the said mortgagees, their executors, administrators or
assigns, as collateral security solely, and in advance thereof, namely
that the said mortgagees, or her executors, administrators or assigns,
may effect such insurance in the name of the said mortgagors,
and their heirs and assigns provided in case of loss to the said
mortgagors, and her executors, administrators or assigns, and that
the premiums or premiums therefore paid shall be set off against
upon said granted premises incurred by their efforts
In witness whereof we have hereunto set our hands and seals
this 21st day of August in the year of our Lord one thousand nine
hundred twenty four.
Executed in the presence of
George C. Smith atty at law. Edward Heberning L.S.
Hilda Heberning L.S.
State of Rhode Island
County of Providence
The undersigned notary, on the 21st day of August A.D. 1924
before me personally appeared Hilda Heberning to me known
and knowing her to be the party executing the foregoing instrument
and she acknowledged signed said instrument her hand and seal to be her
free and act and deed f
[Signature]
State of New York
County of New York
In New York on the 17th day of September A.D. 1925-
before me personally appeared Edward Heberning to me known
and known to be the party executing the foregoing
instrument, that he acknowledged said instrument his hand
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proceed, it is her free act and deed.
Eliza K. Young.
(Seal) Phoebe, New York County,
Clerk's Office, June 11th Registered No 4596
term expiring March 30th 1826.
Received and deed added to p 175 at 3:30 pm December 1st 1930
and delivered by George A. Barnes, J.M. Clerk
The undersigned, having received full payment and satisfaction of the
within mortgage recorded in the records of land evidence in the Town of Eastbridge
in the State of Rhode Island, in real estate mortgage Book Number 32 page 31,
hereby cancel and discharge the same. And I covenant to and with the
person making said payment that I am the owner of said mortgage.
In witness whereof I have hereunto set my hand this April 9,
1930. Amos Hutchinson
Recorded April 10, 1930
By Henry Harrison Town Clerk See also Book 24 page 92
Know All Men by these presents, That I, J. Alfred
Pendleton of the town of Washington, Washington county and
state aforesaid do grant and convey all the premises in consideration
of ten dollars and other valuable considerations to me paid by
unnamed and others etc etc etc etc’s the party of the first part and in the state of
unnamed, warrants said land etc etc etc, the receipt whereof is
hereby acknowledged, as follows: [illegible] all and appur
tenants and hereditaments thereunto belonging forever, a certain
piece of land situated in the town of Washington in the State of Rhode Island,
Washington county said land is bounded and described as follows: Beginning at the South east corner of the
premises hereby conveyed as follows: The North side of said piece
runs eastly 120 feet and 12 inches, thence running in a N. Easterly
direction along said Velthuis's land a distance of one hundred
feet to a stone wall. Then in the South east corner from thence runs
southly 120 feet to a stone wall then westly a distance of one hundred
fifty feet to a corner on a stone wall of this premises. Thence running in
S. Westerly direction as the line crosses a stone wall and a distance of one
hundred fifty feet as a stone wall a Brookside stream. Thence running in
an easterly direction etc etc etc a distance of fifty feet
to the first point and place of beginning, meaning to convey by this
deed and met measured twenty nine rods of building lots owned by
Alfred aforesaid. Reservation, R. L. Hollands etc, said piece set aside
in the town clerk's office in said constellation. To have and