11/6/1943 · DEED · book 29 page 138 doc 90@29/138

138 DISCHARGE OF MORTGAGE DISASTER LOAN CORPORATION, the undersigned, having received full payment and satisfaction of the mortgage given by ERNEST R. BERESFORD and CORA K. BERESFORD to it, dated December 6, 1938, and recorded with the Records of Real Estate Mortgages in the Office of the Town Clerk, Charlestown, Rhode Island, in Book 27, Page 481, hereby cancels and discharges the same. And DISASTER LOAN CORPORATION covenants to and with said ERNEST R. BERESFORD and CORA K. BERESFORD that it is the present owner of said mortgage. IN WITNESS WHEREOF, said DISASTER LOAN CORPORATION has caused these presents to be signed by GEORGE E. LARKIN, its Attorney in Fact, acting herein under power of Attorney dated December 2, 1938, this 14th day of June, 1943. DISASTER LOAN CORPORATION By: GEORGE E. LARKIN Attorney in Fact COMMONWEALTH OF MASSACHUSETTS Suffolk, ss In Boston, this 14th day of June, 1943, the above-named GEORGE E. LARKIN, to me known and known by me to be the party executing the foregoing instrument, personally appeared before me, and acknowledged the foregoing instrument, by him signed, to be his free and voluntary act and deed and the free act and deed of said DISASTER LOAN CORPORATION. JOHN G. MURPHY (Notarial Seal) Notary Public My Commission expires February 17, 1949 Received for record November 4th, A. D. 1943 at 2:00 o'clock, p. m., and recorded by [?] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that HOWARD E. THORP, of the Town of Westerly, County of Washington, and State of Rhode Island, hereinafter called the Grantor, in consideration of Ten (10) Dollars and other valuable considerations, paid by DANIEL S. TUTHILL of Pelham Manor, County of Westchester, State of New York, hereinafter called the Grantee, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said Grantee, his heirs and assigns forever, a certain tract or parcel of land situated and being in the Town of Charlestown in said County of Washington, and bounded and described as follows, to wit:— Lot numbered One Thousand Fourhundred One (141) as shown and delineated on a certain plan or plat entitled, "Plan of Conquessont Central Beach, Charlestown, Rhode Island, Thorp & Trainer, Inc., Agents, eighty feet to the inch, October, 1924, Rossi & Lewis, Engrs., Revised September 10th, 1929," said plan or plat being on file in the Town Clerk's Office in said Town of Charlestown. The said grantee, his heirs and assigns, shall have the right to pass and repass to and from and to said lot or tract on foot or otherwise, over, on and across those 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 and also the right of way leading from the road to the fresh water pond and any other portions of said

139 plat which might hereafter be designated for Public Use; the said Grantee for himself, his heirs and assigns, hereby convenants and agrees to and with the said Grantor, his heirs and assigns, that the said Grantee, his heirs and assigns, will shell pay to the Quonocontaug Central Beach Fire District, its successors and assigns, on or before the first day of August in each year hereafter, the sum of Five Dollars for each lot hereby conveyed, said sum to be expended and applied by the said Quonocontaug Central Beach Fire District, its successors and assigns, in its and their uncontrolled discretion to the care and maintenance of the roads and other portions that may be designated for Public Use, and the said sums agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed, and in case of the failure to make any payment within one year after the same shall become due, it shall be lawful for the said Quonocontaug Central Beach Fire District, its successors and assigns, to sell and convey the premises at Public Auction, first giving notice of such sale in some newspaper published in said County of Washington, at least once each week for three successive weeks, and to become the purchaser or purchasers at said sale. TO HAVE AND TO HOLD, the aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the said Grantee, his heirs and assigns for assigns forever; subject however to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, said Grantor, his heirs or assigns, shall be given ten days' notice in writing and shall have the first option to purchase said lot or parcel of land and the full listing price offered thereon at the least buying Bona fide price in good faith made and actually offered to the said Grantee, or his assigns. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed, which dwelling house shall be a site erected or be erected on premises, in accordance with the by-laws of said Town of Charlestown, and no portion of said building or dwelling house (porch include) shall approach the street or streets or oceans side of ocean front nearer than said side of the lot or lots nearer than five feet therefore; no detached garage or store house shall be erected on said lot or lots nearer than whatever approach the side lines of the lot or lots nearer than five feet therefore; no building house erected on said lot or lots shall cost when completed not less than one Thousand Dollars in all materials and labor; and that the said Grantee shall cause some sewage outlets premises by the Grantee, his heirs and assigns, at their own cost and expense. No division or line walls, hedges or fences shall be permitted, nor trees of any kind, nor anything, (save the first platted roads) shall be planted or put in any way obstructing or interfering with any part of any adjoining property or any dwelling place in this colony; shrubs, flowers & vegetables shall be permitted. No poultry, swine, cattle, nostalgia or vicious dogs dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The Quonocontaug Central Beach Fire District, its successors and assigns, reserve the right to enter upon the said premises and the said Grantee agrees to permit said District to cut outlets or pipes, to repair, to the same avail, always leaving the premises in as good condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said Grantee, his heirs and assigns, shall run with the land and be binding on the said Grantee and his assigns with the land the aforesaid hereby conveyed; it is further agreed and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said Grantee or his assigns, the said Quonocontaug Central Beach Fire District, its successors shall revert to the said Grantor, to his heirs and assigns, and he or they may repossess himself or themselves of the said premises, with all the rights, title and interest in said premises hereby conveyed shall be forfeited and cease and terminate. The said Grantor for himself, his heirs, executors and administrators, covenants with the said Grantee, his heirs and assigns, that he is the sole and only owner in fee simple of the said granted premises, that the same are free from all incumbrances, except as aforesaid, that he has seised thereof, quit claim and warranty title, and that he will warrant and defend the same as aforesaid, that the said Grantee, his heirs and assigns, shall by these presents at all times hereafter peaceably and quietly have, hold and enjoy the said premises as owner in fee simple, and that the said Grantor will and his heirs, executors and administrators shall warrant and defend the said premises to the said Grantee, his heirs and assigns, forever against the lawful claims and demands of all persons whomsoever. And for and the consideration aforesaid, I Mary E. Thorp, do hereby release all my right of dower and all other interests, in and to the said granted premises unto the said Grantee and his heirs and assigns forever. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of October in the year of our Lord One Thousand Nine Hundred and Forty-three. HOWARD E. THORP MARY E. THORP (DOCUMENTARY STAMPS, 5#) (Continued on Page 141)

(Continued from Page 138) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 5th day of October, 1943, before me personally appeared Howard E. Thorp and Mary E. Thorp, to me known and by me to be the parties executing the foregoing instrument, and acknowledged said instrument by them executed, to be their free act and deed. ROGERS E. TRAINER (Notarial Seal) Notary Public Received for record November 6th, A. D. 1943 at 3:05 o'clock, P.M., and recorded by [?] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, That WE, GRACE S. TWIST, ANNIE E. BROWN and ROZMAN NOKA all of the Town of South Kingstown, County of Washington in the State of Rhode Island, ALICE L. LANSING of Norwich, Connecticut, EDITH E. BRISCO of New Haven, Connecticut, PAUL E. NOKA and HARRY S. NOKA both of the City and State of New York, hereinafter called the Grantors, in consideration of the sum of One Dollar and other valuable consideration, paid by the NAURAGANNETT INDIAN CHURCH, a corporation created by the General Assembly of said State of Rhode Island, and located in the Town of Charlestown in said County of Washington and State of Rhode Island, hereinafter called the Grantee, and of our desire to advance the interests of said grantee, do hereby give, grant, sell, bargain, sell and convey unto the said grantee and its successors and assigns for the uses and purposes hereinafter set forth, viz., two certain tracts or parcels of land situated in the Town of Charlestown, County of Washington and State of Rhode Island and bounded and described as follows:— FIRST PARCEL: Beginning at a point on the westerly side of the State Highway being the southeasterly corner of the hereby conveyed premises thence running westerly a distance of 385.98 feet; thence turning a 90° angle and running northerly a distance of 99.39 feet; thence turning another 90° angle and running easterly a distance of 385.98 feet; thence turning another 90° angle and running southerly a distance of 375 feet to the said State highway; thence turning and running in an arc along the westerly side of said State highway in a southerly direction to the point and place of beginning. For a more particular description of said parcel reference is made to a map which forms a part parcel of a plat entitled "Plat of land in Charlestown, R. I. Property of the Heirs of James F. Eskridge. Surveyed and Platted 1942. — By — Leon L. Holland, Civil Engineer." SECOND PARCEL: Beginning at a point on the westerly side of the State Highway being the southeasterly corner of the hereby conveyed tract and also the northeasterly corner of the hereby conveyed ONE acre, thence running easterly along the northerly boundary of Parcel One a distance of 375 feet; thence running northerly and turning running parallel to the westerly line of the westerly tract to a point a distance of 100 feet; thence turning and running westerly in a line parallel to the westerly line of Parcel One to a point on the westerly mentioned westerly line of the State Highway; thence turning and running in an arc along the westerly side of said State highway in a southerly direction to the point and place of beginning. TO HAVE AND TO HOLD the AFOREMENTIONED parcels with all the rights, privileges and appurtentenances thereunto belonging, unto and to the use of the said grantee and its successors and assigns, but upon the express condition nevertheless that the said granted lands shall be used only by the members of said Church for religious and/or recreational purposes in furtherance of the ideals of said church where suitable structures may be erected for said purposes. If, however, the said premises, or any part thereof, shall cease to be used for said purposes, or be diverted to other uses or purposes than as hereinbefore prescribed, the same and all right, title and interest therein of said grantee and its successors and assigns shall thereupon revert to said grantors and their heirs and assigns and said premises be held by them in the same manner as though this instrument had not been made.