7/2/1926 · DEED · book 22 page 274 doc 8082

274 heirs and assigns that he is lawfully seised in fee simple of the said granted Premises: That the Lottie are free from all incumbrances whatsoever aforesaid that he has good right full power and lawful authority to sell and convey the said land in premises as aforesaid, that the said grantee and her heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises absolute as aforesaid and that the said grantor will and his heirs executors will and administrators shall warrant and defend the same to the said grantee her heirs and assigns forever against all lawful claims and demands of all persons whomsoever aforesaid. And for the consideration aforesaid I Mattie M. Shoop do hereby release all my right of dower lie and to the paid granted premises into the said Grantee and her heirs and assigns forever. In witness whereof we have hereunto set our hands and seals this 29th day of June in the year of our lord two thousand one thousand eight hundred twenty six Executed in the presence of R. E. Trauner Howard E. Shoop L.S. Mattie M. Shoop L.S. State of Rhode Island County of Washington In Westerly on the 29th day of June A.D. 1926 before me personally appeared Howard E. Shoop and Mattie M. Shoop to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. Rogers E. Trauner Notary Public Received for record July 4, 1926 at 9 o'clock A.M. and recorded by George B. Cornish Town Clerk Know all men by these presents That Howard E. Shoop of the town of Westerly county of Washington and State of Rhode Island hereinafter called the Grantor in consideration of Ten (10) dollars and other valuable consideration paid by Dennis R. Rusden and Richard D. Rusden of the city of Providence county of Providence and State of Rhode Island hereinafter called the Grantee the receipt hereof is hereby acknowledged does hereby give grant bargain sell and convey unto the said Grantees and their heirs and assigns forever a certain tract or parcel of land situate

and being in the town of Charlestown, in said county of Washington, bounded and described as follows, to wit: Lot No. 30, S.O. 519 (B) with dwelling house thereon, as shown and delineated on a certain plan or plat entitled "Plan of Improvement, Southeast Beach, Charlestown, R.I., through S. France Inc. December, eighty feet to the north, October 12th, 1929, Ross and Jones Engrs. Surveyed November 18, 1929" said plan is on file in the office in the town called office in said town of Charlestown the said grantor, their heirs and assigns shall have the right to pass and repass to and from from and from and to and to have lot stretch on foot or otherwise, over, on and above three certain rights of ways or roads as shown on said plan or plat leading to the public highway and as well the rights of way leading to the beach and also the right of way leading from the road to the fresh water pond and any other portions of said plat or plat which might be designated for public use, the said grantor for themselves their heirs and assigns do, hereby covenant and agree to and with the said grantee, their heirs and assigns that the said grantee, their heirs and assigns will and shall pay to the said grantor, his heirs and assigns on or before the first day of August in each year hereafter, the sum of five(5) dollars for each lot hereby conveyed and said sum is to be refunded and applied by the said grantor, his heirs and assigns in his and their unrestricted discretion to the cost and maintenance of the roads and other portions that may be designated for public use, and the said sums agreed to be paid for hereby make a lien and charge upon the premises hereby conveyed, and in case of the failure to make any payment within one year after the same shall become due, I will be lawful for the grantor, his heirs and assigns, to sell and convey the premises at public auction, giving notice of such sale in some newspaper published in said county of Washington, at least once each week for three successive weeks, and to become the purchaser or purchaser in said sale, and to have and to hold the afore- granted premises, with all the rights, privileges and appurtenances thereunto belonging unto and to the use of the said grantee, their heirs and assigns forever, subject however to the following conditions and restrictions namely: 1. In case of a contract, rated sale of said lot or parcel of land or any part thereof, said grantee, their heirs or assigns, shall be given ten days, notice in writing and shall have the first option to purchase the same with the buildings and improvements thereon at the highest bona fide price in good faith made and admirably offered to the said grantee, their heirs or assigns. 2. The above conveyed premises shall used only as a site for one dwelling house on each lot hereby conveyed, which dwelling

276 house shall be erected on the premises in accordance with the building line as shown on said plat, and no portion of any building or dwelling house (porch included) shall approach the street or sheet or ocean front nearer than said building line, nor shall any building of any kind or use or whatever approach the side lines of the lot or lots nearer than five feet therefrom; no garage or other outbuilding or buildings shall be erected thereon; dwelling houses erected on said lot or lots shall cost when completed not less than Two thousand dollars on lot number 7. All toilets, baths, kitchens or other drainage or sewage outlets shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the Grantee, their heirs and assigns, at their or their own cost and expense. 3. No vines or vine crawls, hedges or fences shall be permitted, nor trees of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view from any part of any dwelling property or any dwelling house in this article. Shrubs, flowers and vegetables shall be permitted. 4. No horses, swine, cattle, oxen, poultry, dogs or cats or any other mining or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The Grantee, his heirs and assigns reserve the right to enter upon the above described and conveyed premises to clean any pipe outlets or gutters or to repair the same, always leaving the premises in as good condition as when entered. 6. It is hereby further operated understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said Grantee, their heirs and assigns on their, on their part to be kept and performed, shall attach to and run with the land hereby conveyed; it is further agreed and understood as a part of the consideration of this sale land indenture that in case of any violation of the above conditions or covenants on the part of said Grantee or their heirs or assigns, that the title and fee simple granted shall revert to the said Grantor, their heirs or assigns, and he or they possess himself or themselves of the estate hereby granted, and all right title and interest naturally annexed shall be forfeited cancelled and terminated. The Grantee, assume and agree to pay the taxes accrued June 15, 1924. The said Grantor promised his heirs, executors and administrators, covenants on the part Grantor, their heirs and assigns, that he is lawfully seised in fee simple of the said granted premises, that the same are full free from all incumbrances right or demands, that he has the most right full power from lawful authority to sell and convey the same in manner as aforesaid, that the said Grantee and their heirs and assigns shall by these presents at all times hereafter peacefully and quietly have and enjoy the said premises, as aforesaid aforesaid, and that the said Grantor will and his heirs, executors and administrators shall warrant and defend the same to the said Grantee their heirs and assigns against any and lawful claims and

demands of all persons except as aforesaid. And for the consideration aforesaid I, Hettie M. Thorp, do hereby release all my right of dower in and to the said granted premises into the said trustees, and their heirs and assigns forever. In witness whereof, we have hereunto set our hands and seals this 23rd day of June in the year of our Lord one thousand eight hundred and twenty sixth. Executed in the presence of R. E. Trainier Howard E. Thorp SS Hettie M. Thorp SS State of Rhode Island County of Washington I, M. Nastry in the 23rd day of June AD 1926 before me personally appeared Howard E. Thorp and Hettie M. Thorp to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them to be their free act and deed. Rogers E. Trainier, Henry Boblo received for record July 2, 1926 at 9 o'clock AM. and recorded by George G. Coons Town Clerk Know all men by these presents, that Aberbach P. Pruden and Richard S. Pruden, both of the city of Providence, county of Providence and State of Rhode Island hereinafter called the mortgagors, in consideration of those thousand (1000) dollars to be paid by Howard E. Thorp of the Town of Westerly, county of Washington and State of Rhode Island hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby grant, bargain sell and convey unto the said mortgagee, and his heirs labels and assigns forever, a certain tract or parcel of land with a dwelling house and other improvements thereon situate and being in the town of Westerly, in said county of Washington and State of Rhode Island, and more specifically delineated and described her afoot by 2, 3, 4, etc as shown and delineated on a certain plan or plat entitled "Plan of improving several lots Charlestown R. J. Thorp & Trainier Jun. Agents early 180s’’ to the north, October 1924 Rossi and Savis Engineers revised November 12 1925” Said plan or plat being on file in the Town Clerks office in said Town of Westerly, meaning and intending to convey the same premises conveyed to the mortgagors by Howard E. Thorp by deed dated June 23, 1926 and duly recorded