The instrument's own words
page 1
Know all men by these presents, that I & Patrick M. Kelly of
the town of Charlestown, in the county of Washington and State of Rhode
Island (hereinafter called the mortgagor) in consideration of Two thousand
dollars ($2,000) paid to me by Industrial Trust Company a corporation
created by the general assembly of the State of Rhode Island and located and
transacting business in the city and county of Providence, in said state, the
receipt whereof is hereby acknowledged hereby grant bargain sell and convey
unto said Industrial Trust Company its successors heirs assigns forever
certain tracts or parcels of land in said Charlestown, located on the
easterly side of the highway leading from lorries field to Kevon, with a
dwelling house and other improvements thereon standing, called also describe
in true certain deeds the first from Hannah and Bathsheba Mills to John
F. Kelly dated September 18 1849 and recorded in the town records of
said Charlestown in Book 12 at page 475 and a deed from John F. Kellyen
to John F. Kelly dated September 24 1896 and recorded in the town records
of said Charlestown in Book 13 at page 422 reference to said deeds and
the records thereof being hereby had and made and the same are made a
part of these presents. Also a certain tract or parcel of land with a
blacksmith shop and other buildings thereon standing, located at
the junction of the highways leading from Shannoch to Charlestown
and from Kevon to East North Mill, and fully described in a deed from
John F. Kelly to Patrick M. Kelly dated Oct 9 1915 and recorded
in the town records of Charlestown in Book 14 at page 204 reference
to said deed and the record thereof being hereby had and made
and the same is made a part of these presents.
To have and to hold the aforementioned premises, with their
appurtenances unto and to the use of said Industrial Trust
Company, its successors and assigns from, me and I, the
said mortgagor, do hereby for myself and for my heirs, executors
and administrators, covenant with said Industrial Trust
Company, its successors and assigns, that I am lawfully seized
in fee simple of the said granted premises; that the same
are free from all encumbrances except a mortgage already held
by Industrial Trust Company, that I have good right full power
and lawful authority to sell and convey the same in manner as
aforesaid, that said Industrial Trust Company, its successors and
assigns, shall by these presents of all tenets forever peaceably hold
and enjoy the said premises, and that the said mortgagor will and
his heirs executors and administrators shall covenant and defend the same to
said Industrial Trust Company, its successors and assigns forever, against
the lawful claims and demands of all persons except as aforesaid, and
also pay all taxes moneys fores assessments and other expenditures hereby
accrued as hereinafter provided. And for the consideration aforesaid
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414
I, Gilda H. Kelly, wife of the said Palmer N. Kelly, do hereby release all my
right of dower in and to the said granted premises unto said Industrial Trust
Company, its successors and assigns, forever, Provided, nevertheless,
that if the said mortgagor, or my heirs, executors, administrators or
assigns, shall pay unto said Industrial Trust Company, its successor or
assigns, the sum of three thousand pounds (£3000) dollars in six months
from the date hereof, with interest thereon at the rate of six (%) per centum
per annum, payable same annually in advance until said principal
sum is paid, whether at or after maturity, and all installments of interest
in arrears, whether before or after maturity, to be borne interest at the rate
aboveforesaid unpaid and shall also pay all taxes and assessments of every
kind levied or assessed upon or in respect of said premises, or upon said
Industrial Trust Company, its successor or assigns, in respect of their
mortgage or mortgage debt whether under statutes now in force or that
may be hereafter enacted then this deed, as well as my foregoing release
witnessy. 2. The said mortgagor promises to pay said Industrial Trust Company
or asks the sum aforesaid with interest as aforesaid at the times aforesaid
shall become and be absolutely null and void in all intents and purposes whatsoever.
But if default shall be made in the payment of the said sum
or of said interest at the times and in the manner aforesaid, or of the
taxes or assessments aforesaid as the same became payable or due by
either of them, or of any part thereof, or if breach shall be made of
the covenant for insurance hereinafter contained, then it shall be lawful
for said Industrial Trust Company, its successor or assigns to sell at public
or in parcels, all and singular the premises hereby granted or intended
to be granted, or any part or parts thereof and the benefit and equity
of redemption of the said mortgagor and of the said Gilda H. Kelly
their heirs executors, administrators and assigns therein after public
auction, and to bid for and become the purchaser at any such sale, and
no other person shall be allowable 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 in one newspaper
published in [blank] with power to adjourn such sale from time to
time; and such sale to be upon the premises or elsewhere, as specified
in such notice and in its own or in their own name or names; or as the
attorney or attorneys of the said mortgagor and of the said Gilda H. Kelly
(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 or sales, good and sufficient deed or
deeds of said premises in fee simple, and to receive the purchase money,
and therefrom to retain all sums firstly previously purchased whether then due or
to fall due thereafter, or the part thereof then remaining unpaid and
also the interest then due on the same, together with all expenses.
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incident to such sale or sales, and all counsel fees and other expenses
incurred, however in any way connected with the eclipse of these premises, and
all taxes and assessments as aforesaid, and all premiums for insurance,
either heretofore paid by said Industrial Trust Company, its successor or
assigns, or then reimbursing unpaid, outstanding and paying the surpluses
of said premiums if any, there be any over and above the amount to be
retained as aforesaid, together with interest and penalties as account of such
sale or sales, either charges; to the said mortgagor, his heirs,
executors, administrators or assigns, which sale or sales shall serve to be
a perpetual bar both in law and equity against the said mortgagor, and
the said Egilslo N. Kelly his heirs, executors, administrators and assigns,
and all persons claiming said premises sold by, from or under them
or any of them. And I, the said mortgagor, for myself and for my heirs,
devisees, executors, administrators and assigns, hereby covenant with said
Industrial Trust Company, its successors and assigns, that I or they
will upon request execute such deed or deeds confirmatory of such sale
or sales as may be necessary or advisable.
And furthermore I, the said mortgagor, for myself and for my heirs,
devisees, executors, administrators and assigns, hereby covenant with said
Industrial Trust Company, its successors and assigns that insurance
against loss by fire for said building shall be kept and maintained on the buildings
in the premises aforesaid, in such office or offices as said Industrial
Trust Company, its successor and assigns, shall approve, in a
sum not less than three hundred seventy five (375) dollars and that
all policies of insurance upon said building shall be assigned and
transferred to, or made payable upon in case of loss to said Industrial
Trust Company, its successor and assigns, as a collateral security
thereto, and, in default thereof, hereby agree that said Industrial
Trust Company, its successors and assigns, may effect such
insurance either in its or their own name, or in the name of said
mortgagor, his heirs or assigns and that the premium or premiums
paid therefor shall be a further charge upon said granted premises
secured by these presents as aforesaid.
In witness whereof have hereunto set our hands and seals
this 15th day of December, AD one thousand nine hundred twenty six.
Signed, sealed and delivered
In presence of
Denis Stanton
Raymond E. Vars
Patrick N. Kelly L.S.
Egilslo N. Kelly L.S.
State of Rhode Island ss
County of Washington
On Notary on the 15th day of December AD, 1926
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416
before me personally appeared the aforementioned Patrick H. Kelly, and
Efgilda F. Kelly, husband and wife each and all to me known, who
acknowledged me to be the parties executing the foregoing instrument and
severally acknowledged said instrument by them executed to be their
free act and deed.
Raymond R. Hare
Notary Public, RI
Recorded for record Dec. 14, 1926 at 9.30 o'clock A.M.
and recorded by George S. Coons, Town Clerk
Industrial Trust Company, having received full payment and
satisfaction of the within mortgage, does hereby cancel and discharge
the same.
In testimony whereof, said company has caused these presents to be
signed and its corporate seal to be hereunto affixed By the Managers
and Asst Manager of its Deeds Dept Branch both duly authorized, this
nineteenth day of February A.D. 1927
Signed, sealed and delivered in presence of
Industrial Trust Company
By James M. Beedon Manager SS.
Lebrun Stanton Asst Manager
Recorded Feb. 26, 1927
By George S. Coons, Town Clerk
Know all men by these presents, That I, Alfred
[illegible] of Richmond, county of Washington and State of Rhode
Island (hereinafter called the grantor) in consideration
of ten dollars to me paid by Charlotte Endicott of Easton, in
said county and state hereinafter called the grantee, the receipt
whereof is hereby acknowledged, do hereby grant, bargain,
sell and convey unto the said grantee, and his heirs and assigns
forever, Three certain lots of land situated in said Easttown,
and laid out and delineated on map of Indian reservation on
file in the Town Hall offices, of said Easttown as follows:
Lot No. "Four" "With Southall and Jamieson's" for a complete
particulars description reference is hereby made to said map.
To have and to hold, the aforesaid premises, with all the
rights, privileges and appurtenances thereunto belonging, unto
all and to the use of the said grantee, and his heirs and assigns
forever. And also that the said grantor, do hereby, for myself and
for my heirs, executors and administrators, covenant with the
said grantee and his heirs and assigns that I am lawfully
seized in fee simple of the said granted premises; That the same are
The page as recorded
