The instrument's own words
page 1
Know all men by these presents, that one Joseph W. Hayward
and Nancy E. Hayward husband and wife, of Charlestown, county of Washington and
State of Rhode Island hereinafter called the mortgagors in consideration of three
thousand dollars to be paid by Edwin Foster of said Charlestown hereinafter called
the mortgagee the receipt whereof is hereby acknowledged do hereby grant bargain sell
and convey unto the said mortgagee and his heirs assigns forever a certain plot of
land situated in said Charlestown, with a dwelling house
thereon standing containing true boundaries five acres more or less and bounded as
follows beginning at the Southwest corner of said lot and thence at the highway known
as the dwell hill road thence easterly through boundary by said land of
Benjamin Perry to a brook thence northerly bounding easterly by said land of
clark & S. Moorehouse to land owned family of matlock levy; thence southeasterly
bounding northerly by said land of Moorehouse to said brook or
bound of track & S. Moorehouse to land owned family of matlock levy; thence southeasterly
bounding northerly by said land of Moorehouse to said summit road thence easterly
bounding northerly by said road to the place of beginning or however otherwise
bounded With the above reservations enclosed is a break to their mortgages from
Frank S. Moorehouse
To have and to hold the aforesaid premises
with all the rights privileges and appurtenances belonging unto it
and to the use of the said mortgagee and his heirs assign assigns forever
And me the said mortgagors do hereby re convey to me and to my heirs executors
and administrators although without the said mortgages and his heirs assigns
and assigns not are lawfully sold in full satisfaction of the said granted premises
that the same be full force and effect until full payment that me have good right full
power and lawful authority to sell and convey the same in manner of aforesaid
That the said mortgagors and his heirs assigns shall be then possessed at all
times forever lawfully quietly and peaceably have and enjoy the said premises and
that the said mortgagee with all and his heirs assigns executors and administrators
shall warrant and defend the same to the said mortgagors and his heirs and
assigns against all the lawful claims and demands of all persons
Provided nevertheless that this conveyance is made upon the aforesaid condition
That if the said mortgagors their heirs executors administrators or assigns shall
fail pay into the said mortgagee or his successors administrators or assigns the
sum of three thousand dollars whatever else the said mortgagors have their
negotiable promissory note for said aggregate sum bearing ten per cent date from this
date forward and made payable to the said Edwin Foster on demand from the
date hereof with interest thereon at the rate of six per centum per annum
payable semi annually until said sum is paid in full either at or after
maturity and all installments of interest is arrears whether before or after
maturity to bear witness at the date aforesaid until paid and shall also pay
all taxes and assessments of levy boundaries or assess upon or in respect of
said premises then this deed and all 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 note or of said
interest at the time or times and in the manner aforesaid or of the taxes
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296
or assessments aforesaid, as the same become payable, or of any or either of them,
or of any part thereof, then it shall be lawful for the said mortgagees, their executors,
administrators or assigns, to sell, negotiate or in parcels, all and singular the
premises hereby granted or intended to be granted in any part or parts thereof,
and the benefit and equity of redemption of the said mortgagees and their
heirs, executors, administrators and assigns therein, at public auction upon the premises
and to bid on and become the purchaser or purchasers at any such sale, and
no other person or persons shall be competent for the bid or offer (of the
purchase money) but giving notice of the time and place of sale by publishing
the same at least once each week two times successive means as some public
newspaper published in said Providence County, with power to adjourn
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 newspaper; and in his or one or more name
or names, or as the attorney or attorneys of the said mortgagees (for that
purpose by these presents duly authorized and appointed with full power of
substitution and revocation), to make, execute and deliver to the purchaser
or purchasers 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 to retain all sums hereby secured, whether then
due or to fall due therefore, or in the part thereof remaining unpaid,
and also the interest then due on the same, together with all expenses incident to
such sale or sales, or for making deeds hereafter, and for fees of counsel
and attorneys, and all costs of expenses incurred in the foreclosure of said
mortgage and all taxes assessments rims any others therefore paid by the said
mortgagors their executors, administrators & assigns, or their remaining unpaid
upon said granted premises rendering and paying the surplus of said
proceeds of sale if any there be over and above all the amounts so to be retained
as aforesaid together with a true and faithful account of such sale
or sales, executed and delivered to the said mortgagors their executors,
administrators or assigns which sale or sales made as aforesaid shall
forever be a perpetual bar both in law and equity against the said mortgagors
their heirs, executors, administrators and assigns, and all persons claiming
said premises, so void by form under trust or any other, and that the
said mortgagors for themselves and for their heirs, executors, administrators
and assigns hereby covenant with the said mortgagees, and his heirs, executors,
administrators and assigns that they will perform such request such deed or deeds
confirming by said sale or sales as may be required.
In witness whereof, I have hereunto set my hand and seal this 26th day of
July in the year of our Lord one thousand nine hundred and twenty six.
Executed in Presence of
George L. Coons Joseph H. Hazard S.S.
Stanley E. Hazard S.S.
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297
State of Rhode Island
County of Washington
On this thirteenth day of July AD 1926 before me personally appeared
Joseph M. Negad and Florence E. Negad to me known and known by me to be the
parties executing the following instrument and they acknowledged said instrument
by them executed to be their free act and deed.
George Baker, Notary Public.
Received for record July 13 1926 at 8.25 o'clock Johnston,
and recorded by George Baker, Town Clerk.
Received of Joseph M. Negad and wife the full amount of the note
secured by this mortgage. And I hereby cancel and discharge
the same. Interest paid how’d the 24 day of May 1925.
Edwin Frother
Recorded Aug. 1, 1925
by George Baker Town Clerk
KNOW ALL MEN by these presents that Howard E. Frother, of the
Town of Westerly, County of Washington and State of Rhode Island hereinafter
called the Grantor, in consideration of 100 Dollars and other valuable
considerations, paid by Hannah R. Loane, of Westerly aforesaid hereinafter
called the Grantee, the receipt whereof is hereby acknowledged has here by
given, granted bargain, sold and conveyed unto the said Grantee and her heirs
and assigns forever, a certain tract or piece of land situate and being
in the Town of Westerly, in said county of Washington, bounded and
described as follows to wit: South 41 1/2 deg 45 min and 116 feet then
deviating on a certain plan or plot entitled "Plan of Summertowning Coastal
Beach, Rehobothon, R.I., Joseph M. Thome, dec, April eighty fifth to the
north October, 1924 Retrai and Serevy Graves, dated November 13, 1925" said
plan or plot being on file in the Town Clerk's office in said town of Westerly
town. The said Grantee her heirs and assigns shall have the right to
pass and repass to and from, and form and front to and said lot or lot on lot
or otherwise over, on and across those certain rights of way or roads
as shown on said plan or plot leading to the public highway, and at
will the right of way leading to the beach and also the right of way
leading from the road to the fresh water front and any other portions
of said plot which might hereafter be designated for public use; the said
Grantee, for herself her heirs and assigned hereby covenants and
agrees to and with the said Grantor, his heirs and assigns
The page as recorded
