7/29/1965 · DEED · book 40 page 380 doc 9054@40/380

380 KNOW ALL MEN by THESE PRESENTS, that I, NETTIE C. BROOKS, of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to GEORGE H. BANYAR, of 197 Chestnut Street, City of Warwick, County of Kent and State of Rhode Island, with WARRANTY QV ENANTS That certain real estate situated in the Town of Charlestown, County of Washington, Stateof Rhode Island, and described as follows: Two certain lots or tracts of land situated on the Beach, between Charlestown Pond and the Atlantic Ocean, about one mile east from the road leading into East Beach, so-called, at Quonocutcong, in said Town of Charlestown and more particularly described as follows: FIRST TRACT: Beginning at the northwest corner of the premises hereby conveyed, on the proposed Town Highway, leading from East Beach, Quonocutcong, to Charlestown Pond, so-called; hence easterly 130.45 feet, along said proposed Town Highway, to a point; hence southerly 150.45 feet, to the westerly line of property, of Orrin C. Cole et ux, thence a southerly direction 375 feet, more or less, to the Atlantic Ocean thence westerly 152 feet, more or less, to the southerly line of said property, of Orrin C. Cole et ux, thence a northerly direction 375 feet, more or less, to the point and place of beginning. Bounded northerly by the proposed said Town Highway easterly, by premises now or formerly of Orrin C. Cole et ux, southerly by the Atlantic Ocean, and westerly by premises now, or formerly of John E. Buist et ux, or however otherwise the same may be bounded or described. SECOND TRACT: Beginning at the southwestern corner of the premises hereby conveyed, on the northerly side of the aforementioned Highway thence easterly along said highway 152.45 feet, more or less, to the southeasterly corner of the premises, now or formerly of Orrin C. Cole et ux; thence northerly 485 feet, more or less, to the town of Charlestown Pond; hence westerly 152.45 feet, along said Pond, 152.45 feet, more or less, to the northeasterly corner of lot or farm, of formerly of John E. Buist et ux, thence a southerly direction about 485 feet, more or less, to the point and place of beginning. Bounded northerly by Charlestown Pond, easterly by the premises, now or formerly of Orrin C. Cole et ux, southerly by said proposed Town Highway, and westerly by premises, now or formerly of John E. Buist et ux, or however otherwise the same may be bounded or described. This conveyance is made subject to the several privileges that may be recorded and of further subject to the rights of the Grantors, in common with others, to cross and recross over and over the drifway running across this property from East Beach Road to the Atlantic Ocean. Being one of the premises described in deed from Fred A. Cole to Walter E. Brooks and Nettie C. Brooks, as Joint TENANTS, dated October 17, 1932 and recorded in the Records of Land Evidence, said Town of Charlestown Book 25 at Page 205. I, Nettie C. Brooks, covenant that I and a widower anhave no other heirs or remnants. WITNESSED this 16th day of July, 1965. (DOCUMENTARY STAMPS S.20) STATE of RHODE ISLAND ) County of Washington ) In Charlestown on the 16th day of July, 1965, before me personally appeared Nettie C. Brooks, to me known and known by me to be the party executing the foregoing instrument, above acknowledged said instrument, by her executed, to be her free act and deed. LINTON L. BROWN Notary Public Received for record July 29th A. D. 1965 at 9:50 o'clock a.m., and recorded by Jean M. [?] Deputy Town Clerk ---- STATUTORY FORM OF WARRANTY DEED We, GEORGE A. CRUICKSHANK and ELIZABETH J. CRUICKSHANK, husband and wife, both of Charlestown, Rhode Island, formerly of Stonington, Connecticut consideration paid, grant to RICHARD L. PONCIROLI and LOUISA S. PONCIROLI, husband and wife, both of Enfield, Connecticut, as Joint Tenants with the right of survivorship and not as Tenants in Common, with WARRANTY CONVEYANTS encompassing the hereinafter mentioned restrictions: That certain tract of land, with buildings and improvements thereon situated, on the westerly side of Sulley Road, at Shady Harbor, in the Town of Charlestown, County of Washington, State of Rhode Island, and delineated as an irregular lot, being a part of the premises described in certain plat exhibitied Shady Harbor, Section No. 2, Charlestown, R.I., Relating to Deeds of R. Gundersen and Lucy Gundersen, May 3, 1927, Page 11, and more fully described in the Grantor's deed void in Plat Book 1, at page 19, reference to said plat and the record thereof being made hereby for a more particular description of the premises. Being the same premises described in deed from [?] and [?] to said grantors by deed dated September 27, 1959, recorded in said Charlestown Land Evidence Records in Book 36, at page 599. SUBJECT to the building and use restrictions set forth in said deed dated September 27, 1959 as follows: "1. No trailer, basement, Quonset Hut, shack, outside toilet or temporary buildings may be placed on said land. 2. The parcel hereby sold shall be used only for residential purposes, nor shall signs for

391 advertising purposes be erected, placed or maintained on the premises. 3. No building shall be erected, placed or maintained or altered unless the plans, specifications and plot plans have been approved in writing by the Grantors, their heirs, executors, administrators or assigns. 4. Each house must have a full masonry foundation, said house to be at least 570 square feet, and any basement, provided such basement is to be finished to house. 5. There shall be no live stock, animals or poultry kept or maintained on the premises other than household pets. 6. Rent for the use of the road shall be $10.00 per year for the term of the first years of roads and general improvement of said plat. Said payment shall be paid to party of the first part until such time that a public road is established and taken over the Town. 7. The structures must comply with municipal and government laws, ordinances and regulations and if any regulation or ordinance is changed, the structures shall be so modified as to be in conformance be the Grantors or compliance with such laws, ordinances and regulations. 8. No fencecomer of raw rice, brush or other rubbish higher than Thirty (30) inches shall be erected, grown or maintained in the extreme 25 feet from the road or in the extreme Twenty-five (25) feet from the front or lot of (or 6) feet either one side other of lot." FURTHER SUBJECT to taxes assessed as of December 31, 1964 for the year 1965, which the taxes the grantee hereby agrees and agrees to pay promptly when due. WITNESS our hands this 28th day of July 1965. GEORGE A. CRUICKSHANK (L.S.) ELIZABETH J. CRUICKSHANK (L.S.) (DOCUMENTARY STAMPS $22.95) STATE OF RHODE ISLAND County of Washington In Westerly on the 28th day of July A. D. 1965 before me personally appeared the above Grantors, GEORGE A. CRUICKSHANK and ELIZABETH J. CRUICKSHANK, each and all to be known, and 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. NORBERT FESSEL Notary Public NOTARY PUBLIC Received for record July 29th A. D. 1965 at 10:06 o'clock, a.m., and recorded by [Signature] Deputy Town Clerk ---- MORTGAGE DEED We, RICHARD L. PONCIROLI and LOUISA S. PONCIROLI, husband and wife, both of the Town of Enfield, County of Hartford, State of Connecticut, hereinafter called the mortgagors for consideration paid, grant to WESTERLY SAVINGS AND LOAN ASSOCIATION, a corporation created by act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the mortgagee, with MORTGAGE COVENANTS, to secure the payment of Sixteen thousand -----------------($16,000.00) Dollars, with interest thereon at the rate of % per annum as specified in a certain negotiable promissory note of the mortgagors, or even date herewith, said principal and interest being payable in 300 monthly installments of Ninety eight and 26/100 ---($98.26) Dollars each on the 28th day of each successive month commencing August 28, 1965, until said principal and interest are paid in full, as provided in said note, the following described land, together with all buildings and other improvements now or hereafter erected thereon, all the hereditaments, appurtenances and rights thereto belonging or in any wise now or hereafter appertaining, together with and including as a part of the realty, the heating, all heating and air-conditioning apparatus, plumbing, stoves, doors and windows, gas, oil, and electric fixtures, screens, screens door, awnings, and other fixtures of whatever kind on said premises or hereafter placed thereon prior to the full payment and discharge of said mortgage, situated in the Town of Charlestown, County of Washington, State of Rhode Island, and bounded and described as follows: Lot numbered Seventy-seven(77) as shown and delineated on that certain plat entitled "Replat of Boat Harbor, Section No. 2, Charlestown, Rh. I.," belonging to Elizabeth J. Cruickshank and George A. Cruickshank, dated July 28, 1965, recorded in the Land Evidence Records of said Town of Charlestown in Plat Book 4, page 19, reference to said plat and the record thereof being a matter of public record in the premises. Being the same premises conveyed to the mortgagors by George A. and Elizabeth J. Cruickshank by deed dated July 28, 1965, of record in said Charlestown Land Evidence Records. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE provided, however, that a foreclosure may be held upon the premises or elsewhere at the option of the mortgagees, as specified in the notice of such sale.