12/7/1928 · MORTGAGE · book 23 page 312 doc 8450

312 by a highway, southerly by the highway leading from Forster's Samuel called so, to the highway leading from Croms Hill, to Road River junction and westerly by said last mentioned highway to the place of beginning at said highway, reserving to the heirs of Oliver Brown aforesaid forever, the usual right of way described in deed to William P. Billings dated Oct 11, 1920, recorded in land records of said Charlestown in Book 19, page 338— reference to which deed and record being here made for a more certain description of said track I, Harry H. Hayward husband of the grantor before said to quit claim all my right of entry and all other interest in the aforesaid premises forever. Entered in ponder this 26th day of December 1928 In the presence of Leonard P. Brown George Henry State of Rhode Island County of Providence On this occurrence on the 24th day of December 1928 before me personally appeared Deborah own Hayward and Harry H. M. Hayward and to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed, to be their free act and deed William M. Kingsford Notary Public L.S. Received for record Deco. 28, 1928 at 9-15 o clock A.M. and recorded by George W. Cone Town Clerk KNOW ALL MEN by these presents that Elmer M. Darling of Westerly, county of Washington, State of Rhode Island hereinafter called the mortgagor, in consideration of seven hundred Dollars to me paid by Eunice H. Chichester of Covington, county of Hartford and State of Connecticut hereinafter called the mortgagee the right whereof is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said mortgagee, and her heirs and assigns forever, those three lots of a parcel of land with any buildings and improvements thereon, situated in incorporating in the town of Charlestown in the State of Rhode Island, and bounded and described as follows: I. That lot of land laid out and delivered as Lot No. 7 (section) on that plat entitled "Village of Cottage sites on W.H. Brownish Property, Innorconnecting East Beach, R.I. Maryland

Surveyor, May 1914" and recorded in the records of Land Evidence in said [town] [?] in Deed Book 18 at page 46, Said lot bounds Northerly on a road on which it measure one hundred (100) feet and bounding that estate stands easterly 75 Charleston Road, but added, bounding Northerly on lot No. 4 (right of way) of said [?] two hundred seventy (270) feet more or less and Southerly on lot No. 6 (right of way) of said [?] two hundred fifteen (215) feet more or less and bounded otherwise bounded and described as the same premises conveyed to Irving L. House by deed from Thomas H. R. [?] dated May 16, 1914 and recorded in said records in book 18 at page 49, 2) commencing at the Southeast corner of the lot of land herein described, advancing along the boundary of lot No. 4 [?] and on the North side of the gentle highway known as Northly by and with land of part [?] fifty (50) feet, thence Easterly by and with road now a body of lot of W. B. [?] fifty (50) feet, thence Southerly by and with other part of said [?] fifty (50) feet to a point which is on the Northly side of said highway, thence Westerly by and with the Northly side of said highway sixty (60) feet to the point and place of beginning, and bounded otherwise bounded and described as the same premises conveyed to Irving L. House by deed from W. B. [?] dated May 30, 1911 and recorded in said records in book 17 at page 117. 3) Beginning at the stake at the beach bounds at the Southeasterly corner of land of [?] and William M. [?] thence Northerly bounded Westerly by said beach bound one hundred twenty (120) feet more or less, thence Easterly by said angle fifty (50) feet, thence Southerly at right angle seventy (70) feet more or less to said beach bound, thence Westerly along said beach bound fifty (50) feet to the point of beginning, bounded Northerly by land now of formerly of [?] and then Easterly on land from or formerly of [?] and Mrs. [?] and Mrs. [?] and bounded otherwise bounded and defined are the same premises conveyed to Irving L. House by deed from [?] dated Nov. 11, 1907 and recorded in said record in book 14 at page 387. To have and to hold, the above granted premises, with all the rights, privileges and appurtenances thereunto belonging unto and to the uses of the said mortgage and her heirs and assigns forever. And I, the said mortgagor, do hereby set, grant and assign for myself and for my heirs, executors and administrators, covenant with the said mortgagee and her heirs and assigns that I and my lawfully heirs in fee simple of the said granted premises, that the same are free from all incumbrances except the mortgage to the Washington Trust Company, Westerly R.I. for twenty five hundred (2,500) dollars, that I have and ought right, full and lawful authority to sell and convey the same in manner aforesaid; that the said mortgagee and her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the said premises, and that I, the said mortgagor, will and my heirs, executors and administrators shall warrant and defend the same to the said mortgagee and her heirs and assigns from any and all lawful claims and demands.

314 of all person, And for the consideration aforesaid I, Annite H. Darling wife of said Elmer H Darling do hereby release all my right of dower and all other rights mortgage statutory or otherwise in and to the said granted premises unto the said mortgagee and his heirs and assigns, forever. Provided nevertheless, that this conveyance is made upon the express condition, that if the said mortgagee or his heirs executors administrators or assign, shall pay unto the said mortgagor in her execution administration or assign, the sum of seven hundred dollars wherefore the said mortgagor has made negotiable promissory note for said aggregate sum, being sewn date with these presents, and made payable to the order of said mortgagor in installments with interest thereon as provided for in said promissory note from the date hereof and with interest thereon at the rate of six (%) per centum per annum, payable semi annually in advance until principal sum is paid in full or settled at a after maturity and all installments of interest in arrears whether before after maturity is to be interest until paid and shall does pay all taxes and assessments of said land and assessed upon or in respect of said premises, that this deed, as also said promissory note shall become and be voided null to all intents and purposes whatsoever. But if default shall be made in the payment of the said note or of said interest at the time or times listed in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or of any or either of them, or of any part thereof or if breach shall be made of the covenant for conveyance heretofore contained then it shall be lawful for the said mortgagee his executors administration or assign, to sell bargain or in somefull and assign, the premises hereby conveyed or a part or several of any part or parts thereof and the benefit and appunity of redemption both of the said mortgagor and his heirs executors administrators and assign, thereon at public auction when the premises and to try and buy and the purchaser or purchasers at any such sale (not one or other purchasers or purchasors shall be answerable to the satisfaction of the purchase money) but first giving notice of the time and place of sale by publishing the same at least once each week for three successive weeks in some daily paper published in Rhode Island within thirty days next preceding such sale time to live, provided that the publishing of said notice shall be continued together with a notice of the adjournment or adjournment at least once each week in the same newspaper and either in their own name or names or as the attorney or attorneys of the said mortgagor (for that purpose by these presents duly authorized and appointed with full power of substitution and certification) to make execute and deliver to the purchaser or purchasers a such a void and sufficient deed or deeds of said property in fee simple and to receive the balance such roll or sales, and from such proceeds to retain all sums hereby released or whether then due or to fall due hereafter, 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 of deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the execution of said powers, and all taxes, assessments and premiums for insurance, of any, latter portions part of the said mortgage her executors, administrators or assigns, for reserving unpaid upon said granted premises, including and paying the supplies of said process stated and their heirs over and above the amounts or the sums aforesaid is agreed, together with a full and particular account of such sale or sales, effects and changes, to the said mortgagor, her heirs, successors, administrators or assign, which sale or sales made as aforesaid shall operate as a full account for both in law and equity against the said mortgagee, her heirs, executors, administrators and assigns and all his future claims and premises, sold, by him, from or under them, or any of them, And I the said mortgagor, for myself and for my heirs, executors, administrators and assigns hereby covenant with the said mortgagee, and her heirs executors, administrators and assigns, that I and they will upon request execute such deed or deed confirmatory 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 her executors administrators and assigns that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid, on such offer as the said mortgagee and her executors, administrators or assigns shall approve, in a sum not less than seven hundred 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 her executors, administrators or assigns as collateral security hereto, and in default thereof hereby agree that the said mortgagee, or her executors, administrators or assigns may effect such insurance in the name of the said mortgagor, and my heirs and administrators payable in case of loss to the said mortgagee, and her executors, administrators or assigns, and that the premiums or premiums paid therefore shall be a further charge upon said granted premises secured by these presents. In witness whereof I have hereunto set my hand and seal this 12th day of November in the year of our Lord one thousand nine hundred and twenty eight. Executed & attested in the presence of Everett H. Kingsley Elmer M. Darling L.S. Annie M. Darling L.S. State of Rhode Island ss County of Providence Know all men by these presents that on the 12th day of Nov A.D. 1928 before me personally appeared Elmer M. Darling and Annie M. Darling to me known and proven by me to be the parties executing the foregoing instrument.

316 and they acknowledged said instrument, by them executed, to be their free act and deed. Everett H. Kingsbury Notary Public Received for record December 7th 1924 at 9-15 o'clock A.M. and recorded by George G. Moore, From Clerk. The undersigned having received full payment and satis- faction of the mortgage note and mortgage deed executed by the grantor of said deed of Conveyance dated the 21st day of September 1924 and recorded in the Land Records of the Town of Smithfield in the County of Providence in Book 20 Page 231 dated the 20th day of December 1920 does hereby release the property mortgaged and discharge the same from said mortgage and agreed Dated the 1st day of October A.D. 1924. Emund N. Chace Payment and release Signed E. N. Chace Know all men by these presents that we Robert P. Day and Ella A. Day his wife and sole heir both of Charlestown Washington County Rhode Island being lawfull married persons hereinafter called the Grantors in consideration of one dollar, the receipt whereof is hereby acknowledged hereby grant convey bargain sell and convey unto the Smith County Electric Light Company a Rhode Island Corporation hereinafter called the Grantees its successors and assigns the perpetual right and easement to construct re-construct repair maintain operate patrol for the transmission of high and low voltage electric current and for all time uses lines of poles or towers or both which lines may be routed at the same or different times with wires cables and ground wires strung upon and from the same and with all necessary foundations anchors guys brackets insulators hardware fittings equipment and appurtenances thereon across and upon a strip of land 125 feet in width situated in Charlestown Washington County Rhode Island and runs to enter from land now or formerly of John M. Butlerdon and across said land now or formerly of William Miller until to become established by ley and upon the receiving of a plan of the Grantees first survey through Also the perpetual right and easement from time to time without further payment to trim cut and keep cleaned and slit strips of trees underbrush and shrubbery the first clearing may be less than the full width and may be narrowed from time to time to the full width and to repair replace add to and remove damage the lines each and every part thereof and the location thereof outside said strip and to pass along said strip and to from the adjoining lands and to pass over the Grantees land and from said strip in reasonably required If it is agreed that the lines shall remain The