The instrument's own words
page 1
Know all men by these presents that we, we, Richard Roads
and wife Martha Roads, as joint tenants, and not as tenants in
common, both of bromine Bergen county, in the State of New Jersey,
hereafter called the mortgagors, in consideration of one thousand
dollars to us loan by William Holler, of said bromine hereinafter called
the mortgagee, the receipt whereof is hereby acknowledged do hereby
give, grant, bargain sell and convey unto the said mortgagee, and
his heirs and assigns forever, a certain lot or parcel of land with
the buildings and improvements thereon standing lying and being
in the town of faloletown in the county of Washington and State
of Rhode Island and bounded and described as follows to wit:
Beginning at the northwest corner thereof on the highway known
as the Post Road and adjoining land now or formerly owned by
J. Macfarland of Bridgeport Connecticut then running S 85° 4'
E one hundred eighty one years and thirteen feet (181 13) thens
S 3° 24' W one hundred eighty one and eight tenths feet (181 8) thens
S 80° 53' W one hundred seventy seven and eight tenths feet (177 8)
thens N 3° 24' W seven hundred sixteen and seventy tenths feet (716 70)
to the point and place of beginning Bounded Southly by the
Post Road, as called Eastly by lands now or formerly owned by
said Melegan J. Macfarland Brotherly by lands now or formerly
owned by John M. Browning and Westly by lands now or formerly
owned by the said Melegan J. Macfarland; being the same premises
conveyed by Amy R. Ballett to the mortgagors by deed dated
September 6, 1924 and recorded in the record of deeds in the
town of charleston, Rhode Island, in book 507 at page 335:
reference to which deed and the record thereof being hereby made
and made same and the same being made a part hereof,
To have and to hold, the appurtenances premises, with
all the privileges and appurtenances thereto belonging,
unto and to the use of the said mortgagee, and his heirs and
assigns forever. And we the said mortgagors, do hereby for
ourselves, and for our heirs, executors and administrators,
covenant with the said mortgagee and his heirs and assigns
that we are lawfully seised in the simple of the said premises
forever; that the same are free from all encumbrances; that
we have good right, full power and lawful authority to sell and
convey the same in manner as aforesaid, that the said
mortgagee and his heirs and assigns shall by their presence
at all times hereafter peaceably and quietly have and enjoy
the said premises, and that we the said mortgagors and our
heirs, executors and administrators shall warrant and
defend the same to the said mortgagee and his heirs and
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430
assigns forever against the lawful claims and demands of all
persons. And for the consideration aforesaid one the said Ephraim
Rade husband of the said Martha Rade, also Martha Rade wife of the
said Ephraim Rade do hereby release all our rights of service and
courtesy in and to the said granted premises unto the said mortgagees
and their heirs and assigns found. Provided nevertheless
and this conveyance is made upon the express condition, that if
the said mortgagees or their heirs, executors, administrators or assigns
shall not pay the said mortgagors or their executors, administrators
or assigns, the sum of one thousand dollars, whenever the said
mortgagors have made their joint and several promissory note
for said aggregate sum, bearing same date with these presents,
and made payable to the oath of William Miller, his committee
from the date hereof, with interest thereon at the rate of 4
per centum per annum, payable semi annually until said
principal sum is paid whether at or after maturity, and all
installments of interest arrears whether before or after maturity,
to be paid interest at the rate aforesaid with said principal, and shall
also pay all taxes and assessments of long term leased
or assessed upon or in respect of said premises, then their
deed, as also 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 said
promissory note or of said interest at the time or times and
in the manner aforesaid, or of the taxes or assessments
aforesaid as the same become payable, or of any breach or breaches of
them, or of any part thereof, out of which shall be made by
the covenant for the survivors hereunto contained, then it shall be
lawful for the said mortgagees their executors, administrators
or assigns, to forfeit, together or in parts, for together or in parts, for all or single parts, the
premises hereby granted or intended to be granted of any part or
parts thereof, and the benefit and equity of redemption of the
said Ephraim Rade and Martha Rade, and the assigns of them
and their heirs, executors, administrators and assigns therein at
public auction from the premises, and to bid for and become
the purchaser or purchasers at any such sale, and no other
purchasers or purchasers shall be answerable 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 the Westerly Times a newspaper published in
the town of Westerly, in paid county of Washington with prior to
inform such sale from time to time, provided that the publishing
of said notice shall be construed together with a notice of the
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431
adjournment or adjournmentment, at least once each week in the same
newspaper, and in his or their own name or names, or as the attorney
or attorneys of the said Aphed Rade and Martha Rade, and the survivor
of them For that purpose by these presents duly authorized and appointed
with full power of substitution and revocation to make receipts and
deeds 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 reserved, whether then due or to be due thereafter or the part
thereof then 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 herefrom, and for fees of counsel and attorneys, and
all costs or expenses incurred in the appraisal of said premises, and
all taxes, assessments and premiums for insurance, if any, either
thereto fore paid by the said mortgagee his executors, administrators or
assigns, or then remaining unpaid, upon said granted premises,
remembering and having the vouchers of said proceeds of sales if any
there be, for him and also the amounts so to be retained as aforesaid,
together with a true and particular account of such sale or sales,
expenses and charges, to the said Aphed Rade and Martha Rade pieces
and the survivor of them their heirs, executors, administrators
or assigns, which such sale or sales made as aforesaid shall forever
be a full acquittal both in law and equity against the said
Aphed Rade and Martha Rade and the survivor of them their
heirs, executors, administrators and assigns, and all persons
claiming said premises, so sold by, from or under them, or
any of them. And we the said mortgagors, for ourselves and
for our heirs, executors, administration and assigns, hereby
covenant with the said mortgagee, and his heirs, executors,
administration and assigns that we and they will upon
request execute such deeds or deeds confirmatory of said sale
or sales as may be required. And further more, we,
the said mortgagors, for ourselves, and for our heirs, executors,
administrators and assigns hereby agree with the said
mortgagee, and his executors, administrators and assigns, that
whatever against loss by fire shall be kept and maintained on
the buildings on the premises aforesaid in such office or offices
as the said mortgagee and his executors, administrators or assigns
shall appoint, in a sum not less than one thousand dollars, and
that the policy or policies of such insurance shall be assigned
and transferred, or made payable in case of loss, to the said
mortgagee or his executors, administrators or assigns as
collateral security hereto, and in default thereof, hereby
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432 agree that the said mortgagee or his executors, administrators or
designees, may effect such insurance in the name of the said mortgagee,
and the scrivener of them and their heirs and assigns, payable in
case of loss to the said mortgagee, and his executors, administrators
or assignees, and that the premium or premiums paid therefor shall
be a charge upon said granted premises secured by their
present mortgage.
In witness whereof, we have hereunto set our hands and
seals this 4th day of January in the year of our lord one thousand
nine hundred and twenty seven.
Signed and sealed in presence of Arpad Rado, LS
Rob J. Kirkland Martha Rado LS
State of New Jersey
County of Bergen
I, J. Bernea on the 14th day of January, AD 1927
before me personally appeared Arpad Rado and Martha Rado,
said to me known and known by me to be the parties executing
the foregoing instrument and they severally acknowledged
said instrument, by them executed, to be their free act and deed
Claude J. Kirkland
Notary Public LS
Received for record Jan 15th 1927 at 9:40 o'clock A.M.
and allowed by George Lo, recorder, town clerk
I, the end. and [illegible] sound full age
ment and resident of the [illegible] who is the [illegible] pro-
prietor of the premises of the [illegible] situated in the town of
Charlestown in the [illegible] of P. Rhode Island, in terms of
Mortgage Book Number 25 at page 429, hereby
and declare the same. And [illegible] &
will the present writing and represent, that I and
the present [illegible] and good.
In witness thereof, I have hereunto set my
hand and seal this 14th day of February, 1928. AS.
Witness Conrad Rado [Signature] LS
Above a [illegible] recorded January 16th,
AD 1928 and give salute, with [illegible]
[Signature]
Town Clerk
GA