7/28/1926 · DEED · book 22 page 297 doc 8096

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 E. Baker Notary Public. Received for record July 13 1926 at 8.25 o'clock Johnston, and recorded by George E. Baker Form 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 Chg. 1.1925 by George E. Baker Form Clerk I 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 One Dollar and other valuable considerations, paid by Hannah R. Loane, of Westerly aforesaid hereinafter called the Grantee, the receipt whereof is hereby acknowledged does hereby give, grant bargain sell and convey 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. 44 min. and 116 feet shore and delivering on a certain plan or plot entitled "Plan of Summering Council Beach, Westerly, R.I., Joseph Th. James dec. april eighty feet to the north October, 1924 Retrai and Henry Gervis, dated November 13, 1925" said plan or plot being of file in the town clerk's office in said town of Westerly form the said Grantee her heirs and assigns shall have the right to pass and repaire to and from form and form and right to 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 pond 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

298 That the said grantee, her 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, said sum to be expended and applied by the said grantor his heirs and assigns, in his and their uncontrolled discretion to the care and maintenance of the roads and other portions that may be designated for public use, and the said sums agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed, and in case of the failure to make any payment within one month after the same shall become due, it shall be lawful for the grantor, his heirs and assigns, to sell and convey the premises of said Quonset, first giving notice of such sale in some newspaper published in said county of Providence, at least once each month for three successive months and to become the purchaser or purchasers of said sale. To have and to hold, the aforementioned premises with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the said grantee her heirs and assigns forever, subject however to the following conditions and restrictions namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof land grantor, his heirs and assigns, shall be given an option notice in writing and shall have the first option to purchase the same with the building and informally title them at the highest bona fide price in good faith made and actually offered to the said grantor or her heirs or assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building line as shown on a map, and no portion of any building or driveway (porch included) shall encroach the street or streets or ocean front nearby than saidly lining run, nor shall any building of any nature or kind whatever approach the side lines of the lot or lot's fence than five feet therefrom, no detached garage or other outhouse or buildings shall be erected thereon dwelling house erected on said lot or lots shall cost when completed not less than one thousand dollars on lots numbered 64-69, 110-114, all toilets, baths, kitchen or other drains or sewage outlets shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the grantee, her heirs and assigns, at her or their own cost and expense. 3. No division or line walls, 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 adjoining property, or any building place in this colony; shrubs, flowers and vegetation shall be permitted.

299 4. No poultry swine cattle cattle horses or ovines dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises, 5. The grantor his heirs and assigns reserve the right to enter upon the above described land and appurtenances premises to lay any pipes outlets or tubes or to repair the same always leaving the premises in as good condition as when entered. It is hereby further covenanted understood and agreed by and between the parties that all of the aforesaid conditions covenants and agreements on the part of the said grantee her heirs and assigns or on her or their part to be kept and performed shall attend and concur with and run with the land hereby conveyed it is further agreed and made a part of the considerations of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said grantee or her heirs & assigns that the title and fee to said premises shall revert to the said grantor his heirs or assigns and he or they may recover possession thereof in tenures of the state hereby granted and all its rights title and interest hereby conveyed shall be forfeited and cease and terminate. The said grantor for himself his heirs executors and administrators covenants with the said grantee her heirs and assigns that he is lawfully seized in fee simple of the said granted premises that the same are free from all encumbrances not as aforesaid that he has good right full power and lawful authority to sell and convey the same in manner as aforesaid that the said grantee her heirs and assigns shall quietly and peaceably at all times hereafter possessly and quietly have and enjoy the said premises subject as aforesaid and that the said grantor and his heirs executors and administrators shall warrant and defend the same to the said grantee her heirs and assigns against all lawful claims and demands of all persons whomsoever as aforesaid And for the consideration aforesaid I Natalie M. Thorp to hereby release and quit my right of tenure in land to the said granite premises unto the said grantee her heirs and assigns forever. In witness whereof these are hereunto set their hands and seals this 31st day of December in the year of our lord one thousand nine hundred and twenty four Executed in the presence of Howard E Thorp L.S. Natalie M Thorp L.S. State of Rhode Island County of Washington I, Frederick’s notary in the 31st day of December A.D. 1924 before me personally appeared Howard E Thorp and Natalie M Thorp from time to sworn and persons by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed Cunningham J. S. Soderidge Notary Public Received for record July 8th 1926 & filed in plat book and recorded by Registrar Record Town Clerk