The instrument's own words
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136
of December AD one thousand nine hundred and twenty five.
before me personally appeared the above named Grantors Elmer E.
Browning and Ellen M. Browning, his wife, each and all to me
known, and each personally to be the grantor executing the foregoing
instrument, and thereby acknowledged said instrument, by them
executed to be their free act and deed.
George own Court
Notary Public
Received for record December 21, 1925 at 9 o'clock AM
and recorded by George own Court Town Clerk
Know all men by these presents, That We William
T Wright and wife dorta E Wright of the city and county of
Providence, State of Rhode Island hereinafter called the mortgagor
in consideration of Two Thousand (2000) dollars to us paid by
Mary F. T Connolly of the city of Providence, county of Providence
and state of Rhode Island and Mary E Wright also of the
city and county of Providence and state of Rhode Island hereinafter
called the mortgagee, the receipt whereof is hereby acknowledged,
do hereby give grant bargain sell and convey unto the said
mortgagee and their heirs and assigns forever, That certain
tract of marsh and beach land with all the buildings and
improvements thereon, situated in the Town of Colelton
in the county of Washington and state of Rhode Island,
and is bounded and described as follows: Beginning at the
southeasterly corner of the low tide line along which is the
northwesterly coast of the beach more or formerly belonging to
Samuel Dorley at an oak stake sunk in the ground; Thence
North 24 degrees and 38 minutes West three hundred and
eighty and 7/100 (380.70) feet to a post and stones set in the
ground and bounding Eastly on said land of Samuel
Dorley; Thence North 40 degree West two hundred and 2/100 (200.02)
feet to a post and stones set in the ground; Thence South 29
degree East three hundred eighty and 2/100 (380.02) feet and
bounding westerly on land now or formerly belonging to William
Loff to the Atlantic Ocean, and at first set at the above high
water mark at the edge of the beach graze; thence South 10 degree
and 30 minutes East one hundred fifty seven and 7/100 (157.70)
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Leet and bounding south east by the Attenute Ocean to the first mentioned
point of beginning, said lot being contains by estimation ten acres, meaning
and intending to convey the same premises conveyed by warranty deed
from Anne Atwell to William J. Smith dated October 11, 1799 and
recorded in deed Book 10, pg. 18 at page 215 of the records of deeds in said
town of Johnston. said premises are charged subject to a mortgage
of $200 or as appears by clear. To have and to hold the
aforesaid premises, with all the right privileges and appurtenances
thereto belonging unto and to the use of the said mortgagee and their
heirs and assigns forever. And we the said mortgagor do hereby,
for ourselves and for our heirs, executors and administrators covenant
with the said mortgagee and their heirs and assigns that we are
lawfully seized in the simple title of the said granted premises that the same
are free from all encumbrances except said mortgage of $200 as recorded.
that we have good right full power and lawful authority to sell and
convey the same in manner as aforesaid, that the said mortgagee
and his heirs and assigns shall by these presents at all times
henceforth peaceably and quietly have and enjoy the said premises and
that we the said mortgagor will and our heirs, executors and
administrators defend the same convenient and defend the same to the said
mortgagee and their heirs and assigns against the lawful
claims and demands of all persons. And for the considerations
aforesaid, I the said Robert G. Smith, wife of said William J. Smith as part
thereby release all or my right of dower in and to the said granted
premises unto the said mortgagee and their heirs and assigns forever.
Provided, nevertheless, and their convey ance is made upon the express
condition, that if the said mortgagor their heirs, executors administrators
or assigns, shall pay unto the said mortgagee or their executors,
administrators or assigns, the sum of three thousand (£300) sterling
wherefore the said mortgagors have made her negotiable promissory note
for said aggregate sum, bearing een date with these presents, and made
payable to the use of Mary and Elizabeth and Mary S. Smith, and one
from the date of conveyance 17th day 1724 with interest thereon at the rate
of six per centum per annuum payable conveniently in advance until
said promised sum is paid, whether at or after maturity, and all
installments of interest in arrears, whether at or after maturity, and
to bear interest at the rate aforesaid until paid, and shall also
pay all taxes and assessments of every kind levied or assessed
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 paid in interest at
the time of times listed in the manner aforesaid or of the taxes
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or assessments aforesaid as the same become due payable, or of any or
either of them, or of any part thereof, or if breach shall be made of the
covenant for insurance herewith contained, then it shall be lawful for
the said mortgagee their executors, administrators or assigns, to have
further or in parcels, all and singular, the premises hereby granted
or intended to be granted or any part or parts thereof, and the right
and equity of redemption of the said mortgagor and their
executors, administration and assign, seized at public auction upon
the premises, and to sell and cause them purchased or purchasers
at any rate and sale (and two or more purchasers) shall
be accountable for the application of the purchase money paying giving
notices of the time and place of sale by publishing the same at
least once each week for three successive weeks in some newspaper
published in Providence with power to adjourn such sale or sales from
one to one, provided that the publishing of said notice shall be
accompanied together with a notice of the adjournment or adjournments
at least once each week in the same newspaper; and in their or
our name or names or in the attorney or attorneys of the
said.
(For that purpose the presents hereby authorize designated
and appoints both full power of substitution and revocation) to
make such presents notices to the purchaser or purchasers at such
sale a good and sufficient deed or deed of premises in full
and ample and to reduce the proceeds of such sale or sales, and from
such proceeds to obtain all sums hereby secured, whether due now
or will become thereafter or the part thereof remaining unpaid,
and with the interest thereon due on the same, together with all expenses
incurred to such sale or sales, for making deeds hereunto and
for fees of conveyal and attorneys, and all costs or expenses
incurred in the securing of said premises, and all taxes assessments
and premiums insurance any such either heretofore paid by the
said mortgagor their executors, administrators or assigns then
remaining unpaid upon said premises reserving and
paying the surplus of said purchase or sale if any there be over and
above costs covenants to be retained as aforesaid, together with a
true and particular account of such sale or sales, expenses and
charges to the said
their executors, administrator
or design, which sale or sales made as aforesaid shall be deemed to
be foreclosed both in law and equity against the said mortgagor
their heirs, executors, administration and assigns, and all persons
claiming said premises, as well from or whom either, or any of them,
and the said mortgagors, for ourselves and for our heirs, executors
administrators and assigns, hereby covenant with the said mortgagee
and their heirs, executors, administrators and assigns that the
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139
and they will upon request execute such deed or release confirming of and
sale or lease as may be required. And furthermore, the said mortgagees,
their tenements and so that their heirs, executors, administrators and assigns, hereby
covenant with the said mortgagor and their heirs, executors, administrators and assigns,
that improvements against losses from fire shall be kept and maintained on the building
on the premises aforesaid, and such office or offices as the said mortgagor, and
their executors, administrators or assigns shall determine, in balance otherwise
than thirty thousand dollars) valued and that the policy or policies of such
insurance shall be assigned and transferred or made payable in case of loss,
to the said mortgagees or their executors, administrators or assigns, as an additional
security hereunto, and in default hereof hereby agree that the said mortgagees or
their executors, administrators or assigns bind, effect such insurance in the
name of the said mortgagor and their heirs and assigns, payable in case
of loss to the said mortgagees and their executors, administrators or assigns,
and that the premises so insured shall therefore shall be a further charge
upon said granted tenements, secured by these presents.
In witness whereof we have hereunto set our hands and seals this 17th
day of December in the year of our lord one thousand nine hundred and
twenty four.
Executed in presence of
G. Raymond Walsh.
Williams J. Vygatt [signature]
Lola E. Vygatt [signature]
State of Rhode Island &c
County of Providence
On provided on the 17th day of December AD, 1924 before me
Government appears said Williams J. Vygatt and said Lola E. Vygatt to me
known did swear by me to be the Herlies sealing the foregoing
instrument, and they acknowledged said instrument be their species
to be their free act and deed.
G. Raymond Walsh
Notary Public.
Received for record Decr, 22, 1924 at 9:10 o'clock a.m.
and recorded by George G. Cozzens, Town Clerk.