The instrument's own words
page 1
114
KNOW ALL MEN by these PRESENTS, that I, SAMUEL H. DAVIS, of the Town of
Westerly, County of Washington and State of Rhode Island, hereinafter called the
mortgagor, in consideration of Twenty-five Thousand ($25,000) Dollars to be paid by
Harlan P. Hakes and Anna E. Hakes, his wife, hereinafter called the mortgagees, the
receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and con-
vey unto the said mortgagees, and their heirs and assigns forever,
Six hundred lots or parcels of land lying and being in the
Town of Charlestown, County of Washington, and State of
Rhode Island, more or less, as enumerated and described as follows:—
Lots one (1) to Six hundred and Seventeen (617) inclusive on
"Plat of Quonochontaug Highlands at Quonochontaug Beach,
R. I.," recorded in Land Evidence Book 13, Page 1, Feb-
ruary, 1958", and filed or to be filed with the Town Records
of said Charlestown.
(It is understood and agreed that for mortgage release purposes
the value of lots shown on said plat shall be One Hundred ($100)
Dollars per lot, and that any amount paid on the principal
amount of said mortgage, provided interest is not in arrears,
and after payment of taxes, shall discharge any part of the
principal at the request of the mortgagor on any interest period.)
to HAVE AND TO HOLD, the aforementioned premises, with all the rights, priv-
ileges and appurtenances thereunto belonging unto and to the said mortgagees,
and their heirs and assigns, forever.
And I the said mortgagor, do hereby, for myself and for my heirs, executors,
and administrators, covenant with the said mortgagees and their heirs and assigns
that I am lawfully seized in fee simple of the said granted premises; that the same are
free from all incumbrances except balance due on mortgages to John W. Buddington and
Susan T. Kenyon, which are of record, that I have good right, full power and lawful
authority to sell and convey the same in manner as aforesaid; that the said mortgagees
and their heirs and assigns shall by these presents 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
mortgagees and their heirs and assigns forever against the lawful claims and demands of
all persons.
And for the consideration aforesaid I, Anna W. Davis, wife of said Samuel H.
Davis, do hereby release all and my right of dower in and to the said granted premises
unto the said mortgagees and their heirs and assigns, forever.
PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition,
that if the said mortgagor his heirs, executors, administrators or assigns, shall pay
unto the said mortgagees or their executors, administrators or assigns, the sum of
Twenty-five Thousand ($25,000) Dollars, whether the said mortgagor has made his nego-
tiable promissory notes for said mortgage sum, bearing even date with these presents,
and made payable to the order of Harlan P. Hakes and Anna E. Hakes, six (6) months,
eighteen (18) months, two (2) years and six (6) months, three (3) years and six (6)
months, and four (4) years and six (6) months from the date henceforth, with interest there-
on at the rate of six per centum, per annum payable semi-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 bear interest at the rate aforesaid
until paid, and all shall pay all taxes and assessments of every kind levied or assessed
upon or in respect of said premises, then this deed, as also said promissory notes,
shall become and be absolutely void to all intents and purposes whatsoever.
BUT IF DEFAULT shall be made in the payment of the said Twenty-five Thousand
($25,000) Dollars or of said interest, at the time or times and in the manner aforesaid,
Town Clerk
(See Book 22 Page 174 for original record of this mortgage herein re-recorded for the purpose of correcting upon the Evidence Records
a clerical error in the original record of this mortgage whereby in original record said mortgage was incorrectly transcribed.)
page 2
115
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 insurance
hereinafter contained, then it shall be lawful for the said mortgagees, their executors,
administrators, or assigns, to sell, together 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 Samuel N. Davis and his heirs, executors, administrators
and assigns, therein, at public auction upon the premises, and to bid for and to become the
purchaser or purchasers at any such sale (and no other purchaser or purchasers shall be
answerable for the application of the purchase money), first giving notice of the time and
place of sale by publishing in the same at least once each week for three successive weeks in
a newspaper published in Westerly, R. I. with power to adjourn such sale from time to time,
provided that the publishing of said notice shall be continued, together with a notice of
the adjournment or adjournments, at least once each week in the same newspaper; and in
their or their own name or names, or as the attorney or attorneys of the said Samuel N. Davis,
(for that purpose) by these presents duly authorized and appointed with full power of substi-
tution and revocation), to make, execute and deliver 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 secured,
whether due then or to fall due thereafter, or of 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 such deeds beforehand, and for fees of counsel and attorneys, and all costs
or expenses incurred in the exercise of said powers, and all taxes, assessments and premiums
for insurance, any if either therefore paid by the said mortgagees, their executors,
administrators or assigns, or then remaining unpaid upon said granted premises rendering and
paying the surplus of the proceed of sale if any there be, over and above 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 Samuel N. Davis, his heirs, executors, administra-
tors or assigns, which sale or sales made as aforesaid shall forever be perpetual bar both in
law and equity against the said Samuel N. Davis, his heirs, executors, administrators
and assigns, and all persons claiming said premises, so sold by, from under them, or
any of them.
AND the said mortgagor, for himself and for his heirs, executors, administrators
and assigns, hereby covenant with the said mortgagees, and their heirs, executors, adminis-
trators and assigns that he and they will upon request execute such deed or deeds confirm-
atory 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 mortgagees, and their executors,
administrators and assigns, that insurance against loss by fire shall be kept and maintained
on the buildings on the premises aforesaid, in such office or offices as the said mortgagees,
and their executors, administrators or assigns, shall approve in a sum not less than five
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 mortgagees, or executors, administrators or
assigns, as collateral security hereto, and in default hereof, hereby agree that the said
mortgagee, or executors, administrators or assigns, may effect such insurance in the name
of the said mortgagor, and heirs and assigns, payable in case of loss to the said mortgagee,
and executors, administrators or assigns, and that the premium or premiums paid therefor
shall be a further charge upon said granted premises, secured by these Presents.
page 3
116
IN WITNESS WHEREOF we have hereunto set our hands and seals this Sixth day
of April in the year of our Lord one thousand nine hundred and twenty-six.
Executed in presence of
TACY A. CRANDALL
SAMUEL H. DAVIS
NINA M. DAVIS
STATE OF RHODE ISLAND, &c.)
County of WASHINGTON }
In Westerly on the Sixth day of April, A. D. 1926 before me personally
appeared Samuel H. Davis and Nina M. Davis, his wife, to me known and known by me
to be the parties executing the foregoing instrument, and they acknowledged said
instrument, by them executed, to be their free act and deed.
TACY A. CRANDALL
Notary Public.
Received for re-recording June 13th, A. D. 1932 at 10:15 o'clock A. M.
and recorded by [Signature]
Town Clerk.
The page as recorded
