The instrument's own words
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268
heirs and assigns forever,
For our witness whereof we have hereunto set our hands and seals
this 22nd day of June in the year of our Lord one thousand nine hundred
and twenty six
Executed in the presence of
George G. Corliss
Thomas B. Arnold L.S.
Mary H. Arnold L.S.
State of Rhode Island
County of Washington
On Charlestown on the 22 day of June A.D. 1926 before me
personally appeared the aforementioned George Corliss, Thomas B. Arnold and
Mary H. Arnold, known to me known and 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.
George G. Corliss
Notary Public L.S.
Received for record June 29, 1926 at 9 o'clock this a.m.
and recorded by George G. Corliss, Town Clerk
Know All Men by these presents, That we Mr. Louis
Frost and Ruth J. Frost her wife both of the city of Providence in
the county of Providence and State of Rhode Island hereinafter
called the mortgagors in consideration of Ten thousand Dollars
to us paid by Thomas B. Arnold of the town of Charlestown in the
county of Washington and State of Rhode Island hereinafter called the mortgagee
the receipt whereof is hereby acknowledged, do hereby grant, convey,
bargain, sell and convey unto the paid mortgagee and his heirs
and assigns forever, that certain lot or tract of land situated in
the town of Charlestown in the county of Washington and State
of Rhode Island laid out and designated as lot number 11 (eleven)
on plat 6, on that plat entitled "Plat of lots at Howes Harbor,
Charlestown, R.I." owned by Thomas B. Arnold dated Sept 14, 1923
T. G. Haggett for surveyor which plat is recorded in the office of the
town clerk of said town of Charlestown, said lot being although
containing by estimation eight thousand seven hundred (8700) square feet
of land the same more or less and is bounded Northwesterly
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on a certain road designated as said plot at Hunter Road wherein
it measures sixty (60) feet and holding that width throughout it runs at right
angles with said Hunter Road for the easterly one hundred forty five (145)
feet more or less to the salt water, bounding southeasterly upon Hunter's
Harbor (so called) together with a right of way forever for the use and benefit
of the said mortgagee their heirs and assigns their guests, tenants and
servants at all times to pass and repass on foot or with automobiles,
animals, vehicles, boats or otherwise, and for between said lot of land
and the State Highway over the road as mentioned by said mortgagee
Being the same premises conveyed to Will millages by said mortgagee
by deed dated June 22, 1971, and recorded in the office of the Town Clerk
of said Trim J. Scharlau Together with the rights of ways and
privileges mentioned in said deed and subject to such restrictions of record
as pertain to said premises,
To have and to hold the aforesaid apartments
premises, with all the rights, ways, privileges and appurtenances thereunto
belonging unto and to the use of the said mortgagee, and his heirs and
assigns forever, and the said mortgagee, is hereby forever granted for ourselves
and from our heirs successors and administrators covenant with the said
mortgagee and his heirs and assigns that we are lawfully seized in
fee simple of the said granted premises, that the same are free from
all encumbrances except the restrictions mentioned heretofore mentioned that we
have good rightful primer title and lawful authority to sell and convey
the same in manner as aforesaid, that the said mortgagee and his
heirs and assigns shall be free from presents of all kinds hereafter peaceably
and quietly have, and enjoy the said premises and that we and the said
mortgagee until, and on our heirs, successors and administrators shall
warrant and defend the same to the said mortgagee and his heirs
and assigns forever against any and all lawful claims and demands of all
persons, except as to said reservation.
Provided nevertheless,
and this conveyance is made upon the express condition, that if the
said mortgagee their heirs, successors, administrators or assigns,
shall fail to pay the said mortgagee or his successors, administrators or
assignees the sum of two thousand (2000) dollars, in full for the
said mortgage note made prior to their negotiable promissory note for
said mortgage sum, bearing even date with these premises, and
null voidable to the order of said mortgagee Thomas B. Moore,
payable on one year from the date hereof with interest thereon at the
rate of one and one half per centum per annum payable semi annually until
paid principal sum, is paid wholly at or after maturity, and
all installments of interest in arrears, whether before or after maturity,
is 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 and said promissory
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270. note, shall become and be absolutely void to all intents and purposes
whatever. But if default shall be made in the payment of
the said principal sum or of said interest at the time or times and in
the manner aforesaid or of the taxes or assessments aforesaid, as the
same become payable, or if any of any either of them, or of any part thereof hereafter
or breach shall be made of the covenants for maintenance hereinafter
observed, then it shall be lawful for the said mortgagee his successors,
administrator or assigns together or in particular, all and
singular, the premises hereby granted or intended to be granted, or
any part or parts thereof, and the benefit and advantage of redemption of
the said mortgage, to bring their successors Ruth B. Frost and her
heirs, executors, administrators and assigns therein, to public auction
upon the premises and to bid for and be the purchaser or
purchasers at any such sale and on other purchaser or purchasers
shall be announced for the application of the purchase money first
giving notice of the time and place of sale by publishing the same
but at least once for three successive weeks in some newspaper
published in the town of Bristol, R.I. and for a like time in
some newspaper published in the city of Providence with power
to adjourn such sale from time to time provided that the last publishing
of each notice shall be continued together with a notice of the
adjournment or adjournment, at least 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 mortgagee, I do hereby trust and Ruth
J. Frost that by these presents fully direct, authorize and appoint
with full power of substitution and revocation to make, execute and
deliver to the purchasers or purchasees at such sale a good and sufficient
deed or deeds of said premises in fee simple and to receive the proceeds
of such sale or sales, and from such proceeds first to pay all sums hereby
secured, whether then due or to fall due hereafter, or the part thereof then
remaining unpaid, and collect the interest then due thereon, together
with all sums expenses incurred to effect such sale or sales, or for making deeds
hereunder, and for fees of court and attorney, dual all costs and expenses
incurred in the execution of said process, and all taxes, assessments and premiums
for insurance, of any nature whatever first paid by the said mortgagee his
successors, administrators or assigns of them remaining unpaid upon said
granted premises rendering and paying the surplus of purchase money if any
balance, if any there be over and above the amounts upto be stated as
aforesaid, together with other time and particular account of such sale,
expenses and charges to the said mortgagee, I do hereby trust and Ruth
their heirs, executors, administrators or assigns, which sale or sales made
or aforesaid shall forever be a perpetual bar both in law and equity against
the said Ruth and Sonia Frost and Ruthly Frost their heirs, executors, administrators
[Vertical margin text]:
(this)
(mortgage)
(is)
(void)
(if)
(the)
(said)
(Ruth)
(B.)
(Frost)
(does)
(not)
(pay)
(the)
(sum)
(of)
(five)
(hundred)
(dollars)
(on)
(or)
(before)
(the)
(first)
(day)
(of)
(January)
(1934)
(to)
(the)
(said)
(mortgagee)
(or)
(his)
(assigns)
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and assigns, and all persons claiming said premises, so sold by, from or
under said grantors, their heirs, then or any of them. And to said mortgagees for them-
selves and for their heirs, executors, administrators and assigns, hereby
covenant with the said mortgagees and their heirs, executors, administrators
and assigns, that they shall and will they shall will upon request execute such deed
or deeds conveying apparent said real estate as may be required.
And further more, and the said mortgagors for themselves and for their
executors, administrators, and assigns, hereby covenant with the said
mortgagees and his heirs, executors, administrators that assurances against
losses by fire for said shall be kept and maintained on the buildings
on the premises aforesaid, in such office or offices as the said mortgagees,
and their expected administration or assigns shall appoint, in a sum
not less than two thousand dollars, and that the policy or policies of
said insurance shall be assigned and transferred or made payable
in case of loss, to the said mortgagees, or his executors, administrators or
assigns as collateral security herewith, and in default thereof hereby
agree that the said mortgagees or his executors, administrators or assigns
may effect such insurance in the name of the said mortgagees and their
heirs and assigns payable in case of loss to the said mortgagees and
their executors, administrators or assigns and that the premiums or
premiums provided therefore shall be a further charge upon said granted
premises, secured by these presents.
In witness whereof we have hereunto set our hands and seals
this 28th day of June in the year of our Lord one thousand nine hundred
and twenty six.
Executed in presence of
George B. Coone
T. S. Louis Frost
Ruth J. Frost
State of Rhode Island, ss
County of Providence
On celebration, on this 28th day of June AD 1926 before me
personally appeared Welcome Frost and Ruth J. Frost to me known
and 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!
George B. Coone
Notary Public
Received for record June 29, 1926 at 9.10 o'clock a.m.
and recorded by George B. Coone Town Clerk
[Vertical text in left margin]:
The above described premises are conveyed subject to the rights of the
owners of the adjacent properties to use the driveway along the east side
of the premises herein described for the purpose of accessing their
respective properties and the right of the owners of the premises
herein described to use the same for similar purposes.
Signed by George B. Coone Town Clerk
The page as recorded
