The instrument's own words
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174
her heirs and assigns, forever,
In witness whereof we have hereunto set our hands and
seals this 8th day of April in the year of our lord one thousand
nine hundred and twenty four
Signed and sealed in presence of
Hugo A. Alarcon
Edward D. Waite L.S.
Lena G. Waite L.S.
State of Rhode Island
County of Providence,
In Providence on the 8th day of April AD 1924 before
me personally appeared the above named Edward D. Waite
and Lena G. Waite, to me known and known by me to be the
parties executing the foregoing instrument and they acknowledged
said instrument be their free act and deed.
Hugo A. Alarcon
Notary Public
Received for record April 13, 1924 at 4.30 o'clock P.M.
and Recorded by George G. Corves Town Clerk
Know all men by these presents, that I & Samuel R.
Davis of the Town of Westerly, county of Washington and State of Rhode
Island (hereinafter called the mortgagor) in consideration of Twenty
five thousand ($25,000) dollars to be paid by Harlan P. Baker
and Anna E. Baker, his wife (hereinafter called the mortgagees,
the mortgage hereof is hereby acknowledged, do hereby grant,
bargain, sell and convey, unto the said mortgagees, their heirs
and assigns forever, five hundred lots of land lying and being
in the Town of Charlestown, county of Washington and State
of Rhode Island, the same being bounded and described as follows:
lots One (1) to five hundred and seventeen (517) inclusive in Plat 2 of
"Sunnyside Highlands at Zipporahs Beach, R.I." Property of M.
Davis, Sunnyside Hollow Co., E.C., February, this will be filed
with the Town Records of said Charlestown. It is understood and
agreed that for mortgage agree for the value of lots whom
on said plat shall be one hundred (100) Dollars each, and that
the mortgagees shall release their mortgage on lots as sequestered in
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proportions to the amount paid on the principal amount of said mortgage,
provided interest be, not in arrears, and the mortgagees shall accept payment
of any portion of the principal at the request of the mortgagor or only interest
hereof. To have and to hold, the aforesaid granted premises, with
all the rights, privileges and appurtenances thereunto belonging unto and
to the use of the said mortgagees, and their heirs and assigns! forever,
And I, the said mortgagor do hereby, for myself and for my heirs, executors
and administrators covenant with the said mortgagees and their heirs
and assigns that I am lawfully seized in fee simple of the said granted
premises; that the same are free from all encumbrances except balance
due or mortgage to the J. H. Plunkett, Wright and Swanson T. Kenyon, which
are of record; that I have good right full power and lawful authority to
sell and convey the same in manner as aforesaid; that the said mortgagees
and their heirs and assigns shall by these present at all times hereafter
peaceably and quietly enjoy and enjoy the said premises, and that I & that
said mortgagor with and my heirs, executors and administrators shall,
warrant and defend the same to the said mortgagees and their heirs
and assigns forever against all lawful claims and demands of
all persons. And for the consideration aforesaid I, Simon H.
Davis, wife of said Samuel H. Davis do hereby release all of my
right of dower in and to the said granted premises unto the said
mortgagees and their heirs and assigns forever.
Provided, moreover, and this conveyance is made upon the
above conditions, that if the said mortgagor his heirs, executors, administrators
or assigns shall fail to pay unto the said mortgagees or their executors, admini=
strators or assigns the sum of Twenty five Thousand ($25,000) dollars,
whether the said mortgagor has made his negotiable promissory notes
or not in aggregate sum, bearing even date with these presents, and made
payable to the hands of Harlan P. Baker and Edna B. Baker, six (6) months,
eighteen (18) months, three (3) years and six (6) months, three (3) years and
six (6) months, four (4) years and six (6) months from the date hereof,
with interest thereon at the rate of six per centum, per annum, payable
semi annually in advance until said principal sum is paid, or either 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 notes, shall become and be absolutely void to all intents and
purposes whatever. But if default shall be made in the payment
of the said Twenty five Thousand ($25,000) dollars or of said interest at
the time or times fixed in the manner aforesaid, or of the taxes or
assessments aforesaid, as the same becomes payable, or of any or either
of them, or of any part thereof, or if breach shall be made of the covenant
page 3
176 for covenants hereinafter contained, then it shall be lawful for the said
mortgagors, their 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 or parcels thereof, for their benefit and equity
of redemption of the said Samuel H. Davis and his heirs, executors,
administrators and assigns therein, at public auction upon the premises,
and to let for use and benefit the purchaser or purchasers at any such
sale(s) and others the purchaser or purchasers shall be annulled for the
application of the purchaser(s) money first giving notices of the time and
place of sale by publishing the same at least once each week for
three successive weeks in newspapers published in Providence, R.I.
with process adsuming such sale from time to time, provided that the
publishing of said notice shall be continued together with a notice
of the adjournment or adjournments, at least once each week in the
same newspapers; and in this her a their own name or names, or as
the attorney or attorneys of the said Samuel H. Davis (for that purpose
by these presents duly authorized and appointed with full power of
substitution and revocation) to make grants and deliver to the
purchaser or purchasers at such sale a good and sufficient deed or
deeds of sale of said premises to be simple and to receive the proceeds of
such sale or sales, and from such proceeds to retain all sums pretty
received, whether then due or to fall due hereafter, or 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 saids
tenderure, and for fees of counsel and attorneys, and all taxes or
charges incurred in the space of said loan however, and all tops assessments
and premiums for insurance of any piece whatsoever paid by the said
mortgagors, their executors, administrators or assigns, to them
reimbursing unpaid upon said granted premises rendering and
paying the surpluses if any proceeds of sale if any there be, over and
above the amounts so to be retained as aforesaid, together with
a true and particular account of such sale or sales, expenses and
charges of the said Samuel H. Davis his heirs, executors administrators
trusted or assigns, which said sale or sales made as aforesaid shall
forever be a perpetual bar both in law and equity against the said
Samuel H. Davis his heirs, executors, administrators and assigns,
and all persons claiming said premises by self, from or under
them, or any of them. And the said mortgagor, for himself and
for his heirs, executors, administrators and assigns, hereby covenant
with the said mortgagee, and their heirs, executors, administrators
and assigns, that they and their will upon request execute such deed
or deeds confirmatory of said sale or sales as may be required.
In witness whereof we have hereunto set our hands and
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177
seal this 6th day of April in the year of our lord one thousand nine
hundred and twenty six.
Executed in presence of
Lacy Albrandall
Samuel N. Davis LS
Anna N. Davis LS.
State of Rhode Island
County of Washington
I, Notary public on the sixth day of April Act, 1924 before me
personally appeared Samuel N. Davis and Anna N. Davis his wife to me
known but known by me to be the parties executing the foregoing
instrument and they acknowledged said instrument by them
executed to be their free act and deed.
Lacy Albrandall Notary Public LS
Received for record April 15, 1924 at 9:45 o'clock A.M.
and recorded by George W. Carrs, Town Clerk res page 397
KNOW All MEN by these presents, That J. Edwin Forbes
of Charlestown, County of Washington and State of Rhode Island, herein
after called the Grantor in consideration of Ten Dollars to one paid by
Emma Miller of Charlestown aforesaid, hereinafter called the Grantee,
the receipt whereof is hereby acknowledged, do hereby grant, ground,
bargain sell and convey unto the said Grantee and her heirs and
assigns forever, one certain lot or parcel of land situated in said
Charlestown, containing one half an acre and bounded and described
as follows: Commencing at a point at the Southeast corner of land
formerly of George W. Clark, thence along the easterly line of said
Clark land southeast ten feet (10) rods to land formerly of Shadrach
H. Kenyon and sister, thence Easterly five (5) rods to land formerly of
said Kenyons; thence Southeasterly a distance of sixteen (16) rods to
the highway running between Shanrock and Kenyon; thence along
the Northerly side of said highway a distance of four (4) rods to the place