The instrument's own words
page 1
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 LS
Hettie M. Thorp LS
State of Rhode Island
County of Washington
On this twenty third 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,
Notary Public
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 Charlestown, 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 heirs 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 Charlestown, in said county of Washington
and State of Rhode Island, and more specifically delineated and
described her afo[re] set p. 2, of m. [?] and delivered 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" Ross and
Savis Engineers revised November 18, 1925” Said plan or plat being on
file in the Town Clerks office in said Town of Charlestown, 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
page 2
278 in the land Evidence Records of said Colestown, Reference to said deed now
being hereby had and made and the same is made a part hereof.
This conveyance includes all rights and privileges and is subject to all
restrictions, covenants and agreements as appeared in said deed from
Howard S. Sharp to their mortgagees, to have and to hold, the
aforementioned premises, with all the rights, privileges and appurtenances
thereto belonging unto and to the use of the said mortgagees, and their heirs and
assigns forever. And we the said mortgagors, do hereby for ourselves and
for our heirs, executors and administrators, covenant with the said mortgagees
and their heirs and assigns that we are lawfully seized in fee simple of
the said granted premises, that the same are free from all encumbrances
that we have full right, full power and lawful authority to sell and
convey the same in the manner as aforesaid; that the said mortgagees and
their heirs and assigns shall be quieted there permanently hereafter peaceably
and quietly hold and enjoy the said premises, and that we the said
mortgagors will and our heirs, executors and administrators shall warrant
and defend the same to the said mortgagees and their heirs and assigns
forever against the lawful claims and demands of all persons. We hereby
covenant that we are both of full age and unmarried. Provided,
nevertheless, that this conveyance is made upon the express condition, that
if the said mortgagees their heirs, executors, administrators or assigns shall
not pay into the said mortgagees or their executors, administrators or assigns,
the sum of three thousand dollars or other sum for which the said mortgagees
have made their negotiable promissory note for said agreements sum, bearing
even date with these presents, and made payable to the name of Howard S.
Sharp from the date hereof with interest at the rate of 6% per annum,
their annual payments payable annually in advance, until said principal sum
is paid, either at or before maturity, and all installments of interest on
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
now and hereafter assessed or levied on all or pieces of said premises, then this deed
as any prolong 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 of said interest at the time
or times and in the manner aforesaid, or in any of taxes or assessments
aforesaid, as the same becomes due and payable, or of any other item, or of
any other part of or breach that may be of the covenant for insurance
hereinafter contained then it shall be lawful for the said mortgagees, their
executors, administrators, or assigns, to foreclose on in preference all and
singular, the premises hereby granted, or intended to be granted, or any
part or parts thereof, and all benefit and equity of redemption of the
said mortgagees and their heirs, executors, administrators and assigns
therein at public auction upon the premises and bid for and buy the
page 3
the purchaser or purchasers at any such sale, Cand no other purchaser or purchasers shall
be accountable for the application of the purchase money), first giving notice 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 Washington county with power to adjourn
such sale from time to time, provided that the publishing of said notices shall be
continued, together with a notice of the adjournment or adjournments, at least once
each week in the same newspaper, and also that he or she in that or some names or names, or
as the attorney or attorney of the said mortgagor (for that purpose he or she is
hereby duly attorney and appointed with full power of substitution and
revocation) shall notify and deliver to the purchaser or purchasers at
such sale a good and sufficient deed or release of said premises in fee simple
to receive the proceeds of such sale or sales, and from such proceeds to
retain all some hereby reserved, whether then due or to fall due hereafter, or
in the first part of then remaining unpaid, and also the interest thereon and on the
same, together with all expenses incident to such sale or sales, or for making
deeds, indentures, and for fees of counsel and attorney, and all costs or expenses
incurred in the execution of said power and all taxes assessments and
premiums for insurance of any estate thereon paid by the said mortgagor
his executors administrators or assigns, or that premises unpaid from
said premises including rendering due payment the surplus of said proceeds of
such sale if any there be, and over and above the amounts so to be retained as aforesaid,
together with a true and precise account of such sale or sales of purchases
due charges to the said mortgagor their heirs executors administrators or
assigns, in which sale or sales aforesaid shall forever be a perpetual
bar both in law and equity against the said mortgagors their heirs,
executors, administrators and assigns and all their claims relating
said premises, as sold by, for or from his him or her any of them.
And the said mortgagors, for themselves and for their heirs, executors,
administrators and assigns hereby covenant with the said mortgage, and
his heirs, executors, administrators and assigns that they and they shall maintain
upon request such deeds or other certifications of said sale or sales
as may be required. And further we the said mortgagors, for
ourselves and for our heirs, executors administrators and assigns, hereby
covenant with the said mortgage, and his heirs, executors administration and
assigns that insurance against loss by fire shall be kept and maintained
on the buildings on the premises described in said office or offices of the
said mortgage, and his executors administrators or assigns, shall stipulate,
in a sum not less than three thousand dollars adding that the policy or
policies of such insurance shall be assigned and transferred, or made
payable in case of loss, to the said mortgage, or his executors administration
or assigns, as collateral security hereon But in default thereof, barely
agree that the said mortgage, or his executors administrators or assigns,
may effect such wisdom in the name of the said mortgagors and
page 4
280
their heirs and assigns responsible in case of loss, to the said mortgage, and
his successors, administrators & assigns, and that the premiums & premiums
that 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 26th
day of June in the year of our lord one thousand nine hundred and
twenty six.
Executed in presence of
Helen E. Stuttsiff Derrick R. Rusden L.S.
Richard G. Rusden L.S.
State of Rhode Island
County of Washington
Ss.
Dr. Mallory on the 26th day of June, AD 1926 before me personally
appeared Derrick Rusden and Richard G. Rusden to me known and known
to me to be the parties executing the foregoing instrument and they acknowledged
said instrument by them executed to be their free act and deed.
Helen E. Stuttsiff Deputy Public Notary L.S.
Received for record July 2, 1926 at 9-10 o'clock AM.
and recorded by George C. Moore Town Clerk.
KNOW ALL MEN by these presents That I Gertrude
O. Hubly of Fresh New Brighton, Staten Island, Borough of Richmond N.Y.
County, vicinity of New York and State of New York, hereinafter called the
Grantor, in consideration of one dollar and other valuable considerations to
me paid by Ida L. Lindley of the Town of Bristol County of Bristol
and State of Connecticut hereinafter called the Grantee, the receipt whereof
is hereby acknowledged, do hereby give, grant, bargain, sell and convey
unto the said Grantee, and her heirs and assigns forever, a certain
tract or parcel of land lying on "Oncoming Neck" as it is called, in the town
of Westerly town, county of Washington, State of Rhode Island, bounded