1/13/1928 · MORTGAGE · book 23 page 152 doc 8334

152 We Do in Van Ort and Catherine Van Ort, husband and wife vol. 2 of the city of Hackensack county of Bergen and state of New Jersey joint tenants and not as tenants in common, hereinafter called the mortgagors, for consideration paid grant to John P. Olds trustee of Charlestown County of Washington state of Rhode Island hereinafter called the mortgagee, with mortgage covenants, to secure the payment of thirty five hundred dollars in five years with interest at 6 per centum per annum payable semi annually in advance or in arrears on a certain valuable tenement now and then there with a certain lot or parcel of land with the building and improvements thereon and including the furniture and furnishings contained in said building said lot being situated on the southeasterly side of Surfside Avenue immediately east of Charlestown Beach town of Charlestown county of Washington and more particularly described as follows and is hereby delivered as follows Both are more fully described in the deed from them and assigned on a certain plan or map titled "Plan of Improvements containing several lots" John S. R. D. Wright & Jenkins Docs Dept Oct 20 felt to the moth October 1924 Ross & Davis Gencl Revised September 10 1925 said plan or plat being on file in the Law Office's office in road town of Charlestown the mortgagees their heirs and assigns shall have the right to bear and drive pegs to and from and from and to said lot or lots on foot or boat or otherwise etc and across three certain rights of way or roads as shown on said plan or plat leading to the public highway and as well the rights of way leading to the beach also the right of way leading easterly from the road to the fresh water pond and all other portions of said plat which might hereafter be designated as public use the said mortgagees their heirs their heirs and assigns hereby covenant and agree to and with the said mortgagees their heirs and assigns that the said mortgagees their heirs and assigns will and shall pay to Howard & Shoff of Easterly Washington county Rhode Island their heirs and assigns or on behalf on the first day of August in each year henceforth the sum of first 100 dollars of a stock let evenly divided said sum to be affiliated and added over the said Howard & Shoff their heirs and assigns in this and their unrestricted discretion to the care and maintenance of the roads and their portions that may be designated for public use and the six years agreed to be paid hereby shall a kin his cause upon the premises her if conveyed and in case of failure to make any payment within one year with the same shall become due it shall be lawful for the said Howard & Shoff his heirs and assigns to seize and convey the premises at public auction first notice of 4 weeks nail in some newspaper published to said

County of Providence, to wit. [illegible] in fee simple to [illegible] and to become her sole and separate use and benefit. This conveyance is made and accepted subject to the following conditions and restrictions namely: 1. In case of a complaint made and set on record by said [illegible] and of any part thereof said Howard B. Thorp, his heirs and assigns shall be seen ten days notice in writing and shall have the full satisfaction to remove the same within the ninety days and improvements thereon at the cost, of one and one half price in good cloth made and actually paid to the said mortgagee, his heirs or assigns, etc. 2. The above described premises shall be used only as a home during some on the contrary owned and with helping [illegible] shall be erected on the premises in accordance with the building lines as marked on said plat map, no portion of any building or structure shall extend beyond the wall opposite the street or streets or ocean front nearest from said building line, such wall shall be outlying to any porch of any kind, however shaped, upon the side lines of the lot nearer than twenty feet therefrom, no detached garage or other building or boils shall be erected thereon, building’s when they are erect on said wall shall contain nothing prohibited within two thousand (2000) sq ft and all flat, batting sections or rain drains or sewage outlets shall be fitted to a suitable conduit to be connected and maintained on the above premises by the mortgagee, his heirs and assigns, at his own cost and expense. 3. No auction or like it, business or stores, shall be permitted in stores of any kind, but anything (except for driving motor) that in any way abuts the home from any part of any adjoining properties in any neighboring place in this county, within five hundred feet or crates shall be permitted. 4. No poisonous weeds, cacti, thorns or vicious dogs or cats or any other noxious or objectionable animal or similar shall be kept or tolerated to be kept on said premises. 5. We said Howard B. Thorp, his heirs and assigns, reserve the right to enter upon the above described plot conveyed premises to levy any unpaid taxes or judges or to repair the same, a few hours leaving the premises in as good condition as on entry. 6. It is further provided understood and agreed by and between the parties hereof that the aforesaid conditions, covenants and agreements on the part of the said mortgagee, his heirs and assigns on this part to be performed hereof, shall attach to and run with the land, hereby conveyed; it is further agreed and made a part by the consideration of this mortgage that in case of any violation of the above conditions or covenants on the part of said mortgagee, his heirs or assigns, that the

154 title and fee to paid premises shall revert to said Howard B. ---, his heirs & assigns, and me they may repossess --- some or all of it. At the state nerves granted and all rights --- the me, witness hereby express,’d will or forfeited and cease --- --- in art. I being the intention of this instrument to --- convey the same premises that was conveyed to these mortgagors --- by Raymond E. Smith by warranty deed dated December 29, 1927 and --- authorized in the last executed record of said labor form. --- I Katherine M. Van Ost, wife of John Van Ost release to this said --- mortgage all my right of dower in the underscribed premises, --- Witness our hands this 7th day of January, A.D. 1928. Witnesses: John Van Ost B. Kavanaugh M. Tringuila Katherine M. Van Ost State of New Jersey County of Bergen Ss. On this occasion on this 7th day of January, A.D. 1928. be all one personally appeared the above named mortgagors to me known and declared me to be the parties executing the foregoing instrument, and they acknowledged said instrument they executed to be their free act and deed. James A. Roepleger Notary Public New Jersey L.S. Received for record Jan. 13, 1928 at 3 10 o'clock P.M. and recorded by George Lorimer, Town Clerk I, John H. Dunnington, the undersigned having received full payment and satisfaction of the debt secured by the mortgage in the Long Island Shores of the town of Block Island recorded in South Essex Registry Mortgage Book 23 at page 152 hereby cancel and discharge the same. And furthermore and will do forever make and warrant that the premises aforesaid are free and clear. In witness Whereof I have hereunto set my hand and seal the --- day of January, 1953 Amount E. Shore John H. Dunnington L.S. Witnesses: Received for record January 16, 1953 at 11:15 o'clock and recorded by Leigh B. Brown, Town Clerk.