1/16/1933 · MORTGAGE · book 25 page 253 doc 9163

253 We, JOHN VAN OST AND KATHARINE R. VAN OST, husband and wife, both of the City of Hackensack, County of Bergen and State of New Jersey as joint tenants and not as tenants in common, hereinafter called the Mortgagors, for consideration paid grant to JOHN W. BUDDINGTON of Charlestown, County of Washington, and State of Rhode Island, here- inafter called the Mortgagee, with MORTGAGE CONVEYANCE, to secure the payment of Thirty-five Hundred (3500) Dollars in three years with interest at six (6) percent, per annum, payable semi-annually in advance as provided in a certain negotiable promissory note of even date herewith. A certain lot number sixteen (16) as shown and delineated on a certain plan or plat, entitled "Plan of Rhode Island Contingent Beach, Charlestown, Rhode Island, Toby R. Frazer, Inc., Architects, Agents, Charlestown, Rhode Island, dated October 14, 1953, filed November 15, 1953. Said plan or plat being on file in the Town Clerk's office in said Town of Charlestown, County of Washington, State of Rhode Island, and shall have the right of way and pass and repass to and from and from and to said lot and to right of way for cobblestone, asphalt or concrete and across those certain portions of way or roads as shown on said plan or plat leading to the public highway, and shall have the right of way and pass to the beach, and shall have the right of way leading from the road to the fresh water pond, and any part of the right of way shown on said plan or plat shall be designated and for public use; the said Mortgagee, for himself, his heirs and assigns, shall and by these presents does grant and convey to the heirs and assigns of the said Mortgagors, his heirs and assigns, on or before the first day of August of the year 1957, the right of way as shown on said plan or plat to be conveyed. Said sum is to be expended and applied by the said owner, Toby R. Frazer, Inc., or his heirs and assigns to clear and construct rolled direction to the care and maintenance of the roads and other portions that be designated for public use, and the said owner shall premise agreed to pay the taxes and other charges upon the premises hereby agreed, and in case of failure to make any payment within one month after the same becomes due, it shall be lawful for the said second owner, Toby R. Frazer, Inc., his heirs and assigns, to sell and convey the premises at public sale, at the town of Washington, in such manner as is done some newspaper published in said City of Washington, at least once each week, and to apply the proceeds of such sale to purchase an other lot or purchasers at said sale. This conveyance is made and accepted subject to the following conditions and covenants: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, said owner, Toby R. Frazer, Inc. or his heirs and assigns, shall be given first option in writing to purchase the first option to purchase the first option to the same with the building and improvements thereon at the highest bone price in gold coin or other good and lawful money to the Mortgagors, his heirs or assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house and no other building, which dwelling house shall be erected on the premises in accordance with the building lines as shown on said plat or plan, and no other building or dwelling house (except porch (south)) shall approach the street or streets or ocean front nearer than said building line, nor shall any other building or painting line be erected approach the side lines of the lot nearer than five feet therefore no building shall be erected on the lot except one dwelling house; dwelling house erected on said lot shall cost when completed not less than Two thousand (2000) Dollars all toilets, baths, kitchen or other drainage systems shall be installed so as to be entirely enclosed in con- structed and maintained on the above premises by the Mortgagors, his heirs and assigns. 3. No division or line walls, hedges, or fences shall be permitted nor tres of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view line from the street or any adjoining property or any dwelling place in this colony; shrubs, flowers, and vegetables shall be permitted at the lot owner's discretion. 4. No poultry, swine, cattle, noisy or vicious 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 said owner, Toby R. Frazer, Inc. his heirs and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipe outlets or pipes, or to repair the same, always leaving the premises in as good condition as when entered. 6. It is further covenanted, understood agreed and by agreement between the parties hereto that all the aforesaid conditions, covenants or agreements on the part of the said Mortgagee, his heirs and assigns, or the part to be paid and performed, shall attach to and run with the land hereby conveyed; it is

254 further agreed and made a part of 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 title and fee to said premises shall revert to said Howard S. Thorp, his heirs or assigns, and he or they may repossess himself or themselves, of the estate hereby granted and all right, title, and interest want thereof shall be forfeited and cease and terminate. It being the intention of this instrument to convey the same premises that was conveyed to those Mortgagees by Raymond W. Smith by Warranty Deed dated December 21, 1927 and duly recorded in the Land Evidence Records of said Charlestown. I, KATHERINE R. VAN OST, wife of JOHN VAN OST, release to the said Mortgagee, all my right of dower in the aforesaid premises. Witness our hands this 7th day of January A. D. 1933. KATHERINE R. VAN OST (SEAL) JOHN VAN OST (SEAL) STATE OF NEW JERSEY COUNTY OF BERGEN In Hackensack on the 7th day of January A. D. 1933 before me personally appeared the above named Mortgagors, to me known and known by me to be the parties executing the foregoing instruments, and they acknowledged said instrument, by them executed, to be their free act and deed. JAMES A. ROMEYN Master in Chancery of New Jersey. Received for record January 16th, A. D. 1933 at 11:25 o'clock, a. m., and recorded by [Signature] Town Clerk. I, John W. Buddington, the undersigned, having received full payment and satisfaction of the within mortgage recorded in the Records of Land Evidence in the Town of Charlestown in the State of Rhode Island in Real Estate Mortgage Book number 25 at page 253, do hereby cancel and discharge the same. And I covenant to and with the person making said payment that I am the present owner of said mortgage. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of July, 1935. Witness: Howard S. Thorp. JOHN W. BUDDINGTON (SEAL) Above discharge received for record July 23rd, A. D. 1935 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk.