The instrument's own words
page 1
514 Know all men by these presents that I, Jed W. Whipple
of the city and county of Providence and state of Rhode Island,
hereinafter called the mortgagor in consideration of fifteen dollars
(15$) to me paid by N. Millicent Burdick of the town of Narragansett
county of Washington and state aforesaid, hereinafter called the mortgagee
the right place hereby acknowledged, to hold given, grant,
bargain, sell and convey unto the said mortgagee and his heirs
and assigns forever, a certain house of land situated in the town of
Charlestown in said county of Washington, being lot no. 3, on "Plat
of Cottage sites" or north of N.W. Burbank's farm contiguous to the road
North Charleston R.I. by the W.W. Woodman "attach said plot is on record in
said town of Charlestown, Plat No. 14 page 16 reference
thereby being made to a more particular description, Bringing the same
premises I hold by deed from said N. Millicent Burdick of date same
herewith,
to have and to hold the aforesaid premises forever,
with all the rights, privileges and appurtenances thereto belonging
unto and to the use of the said mortgagee, and his heirs and assigns
forever, And I the said mortgagor do hereby for myself and
my heirs, executors and administrators covenant constant with the said
mortgagee and his heirs and assigns that I came lawfully seized
in fee simple of the said granted premises; that the same are free
from all encumbrances that I 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 be their
tenure at all times herself peaceably and quietly have and enjoy
the said premises, and that I the said mortgagor will and my heirs,
executors and administrators shall, maintain and defend the same
to the said mortgagee and his heirs and assigns forever against the
lawful claims and demands of all persons. And for the consideration
aforesaid, I Israel M. Stephens in hope of the said Jed W. Whipple to hereby
release all my right of home in and to the said granted premises unto
the said mortgagee and his heirs and assigns forever, Provided
nevertheless, and this conveyance is made upon the sole condition that
if I, the said mortgagor my heirs, executors, administrators or assigns, shall
pay into the said mortgagee or his executors, administrators or assigns, the
sum of fifteen hundred dollars (1500$) together, I the said mortgagor have made
my installments promissory note for said deposit sum, becoming due date
with these presents and payable to the order of N. Millicent Burdick one
year from the date hereof, with interest thereon at the rate of six per centum
per annum payable semi annually in advance until said total amount
sum is paid, whether at or after maturity, and all installments of
interest in arrear, whether before or after maturity, to bear interest at the
said rate aforesaid until paid and shall also pay all taxes and assessments
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of every found levied or assessed upon or in respect of said premises, then this
deed and also said promissory note, shall become and be absolutely void to all
intents and purposes whatsoever. Proof of 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 or assessments aforesaid, as the same became
dueable, or of any one or either of them, or of any part thereof, if breach shall be
made of the covenant for insurance covenants containing that it shall be
lawful for the said mortgagor, his executors administration or assigns, to sell,
forfeit or in parcels, all and singular, the premises hereby granted or released
to be granted, or any part or parts thereof, and the benefit and equity of
redemption of the said land held by [illegible] and his heirs, executors, administrators
and assigns herein, at whatever action upon the premises and to act for and
become the purchaser or purchasers at any such sale, (and on others his purchaser
or purchasers shall be authorized for the application of the purchase money,)
first giving notice of the time and place of sale for publishing the same at
least once each week for three successive weeks in some public newspaper
published in said Smithfield County, with process to accompany said sale from
time to time, provided the notice of the conveyance of said notice shall be constituted,
together with a notice of the appointment or appointment, at least once
each week in the same newspaper, and in his or their own name or
names, or as the attorney or attorney of the said trustee [illegible] (for that
purpose by these presents duly authorized and appointed with full powers of
substitution and revocation,) to make grants, convey and deliver to the purchasers
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 provided whether they due or
due then out of, or in the hands of their remaining unpaid, and also the witness
then due or of the same, together with all expenses incident to such sale or sales,
for making deeds, holding hearings, and for fees of counsel and attorneys, and all
costs and charges incurred in the process of such foreclosure, and all taxes, assessments
and premiums for insurance, if any, either then paid by the said mortgagor
or his specified administrators or assigns, or then remaining unpaid upon
said granted premises rendering and paying the surplus of said proceeds if
any there be, over and above the sum to be retained as aforesaid,
together with a true and particular account of such sale or sales, expenses and
charges, to the said [illegible] and his heirs, executors, administrators and assigns
which said sale or sales made in accordance shall be a perpetual bar her in
law and equity against the said [illegible] and his heirs, executors, administrators
and assigns, and all persons claiming said premises, by so sold, by
him or others then, in any form, and I, the said mortgagor, for myself
bound for my heirs, sellers, administrators and assigns hereby covenant
with the said mortgagor and his heirs, executors, administrators and assigns,
that I and they will upon request execute such deed or deeds confirming
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516
of said sale or sales as may be required, And furthermore, I, the said mortgagor,
for myself and for my heirs, executors, administrators and assigns, hereby covenant
with the said mortgagee, and his executors, administrators and assigns that
insurances against loss by fire shall be kept and maintained on the buildings
on the premises aforesaid, in such office s as the said mortgagee,
and his executors, administrators & assigns, shall appoint, in a sum
not less than fifteen hundred (1500) dollars, and that the policy or policies of
such insurance shall be assigned and transferred or made payable in
case of any loss, to the said mortgagee, or his executors, administrators or assigns,
as collateral security hereof, and in default thereof, I hereby agree that
the said mortgagee, or his executors, administrators or assigns, may
effect such insurances in the name of the said mortgagor and this
heirs and assigns payable in case of loss to the said mortgagee, and
his executors administrators or assigns, and that the premiums or
premises paid therefor shall be further charge upon said granted
premises secured by these presents.
In witness whereof, we have hereunto set our hands and seals
this 27th day of May in the year of our lord one thousand nine hundred
and twenty seven.
Executed in presence of
S. O. Allen cae a both f.
Fred R. Whipple L.S.
Mabel M. Whipple L.S.
State of Rhode Island ss,
county of Washington, ss,
On acknowledgment on the 27th day of May, A.D. 1927 before me
personally appeared Fred R. Whipple and Mabel M. Whipple to me known
and known by me to be the parties executing the foregoing instrument
and they acknowledged said instrument to be their free act and deed.
Door Allen Allen
Notary Public l.s.
received for record May, 27, 1927 at 2-15 clock P.M.
and recorded by George E. Barry, Town Clerk
I, the undersigned having received full payment and satisfaction of the
aforementioned mortgage recorded in the records of land evidence in the town of Charlestown
in the State of Rhode Island sealant in real estate Mortgage book number 22 at page
514 hereby cancel and discharge the same’ Just Repayment to and with
the person making said payment that I am the present owner of said mortgage.
In witness whereof I have hereunto set my hand this 29 day of May 1930
In presence of
Honorie J. Emerick
H. Killiger Barnded
Recorded May 28 1930
by George E. Barry Town Clerk