The instrument's own words
page 1
280
KNOW ALL MEN BY THESE PRESENTS, that I, ROBERT E. THORNTON of Connecticut,
County of Kent and State of Rhode Island hereinafter called the mortgagor, in con-
sideration of Five Hundred (500) Dollars to me paid by MARY E. WHEATON, of the City of
Warwick, County of Kent and State of Rhode Island hereinafter called the mortgagee, the
receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey
unto the said mortgagee, and her heirs and assigns forever,
a certain tract or parcel of Land located in the Town of Charles-
ton in said Washington County, and bounded and described as follows, towit:
beginning at the southeast corner of the premises hereby
conveyed at the intersection of lanes one of which is Larkins or Charlie Lar-
kins road the other being the road conveying over the Swamp and
and the west line of the highway or road leading from the Post Road to
said Swamp; thence in a southeasterly direction, namely in a (South easterly
direction line, and along with a stone wall which is the northerly di-
vision line of the land hereby conveyed, to the south east corner of the
section wall with other lands of Charlie Larkins and said grantor on the
west thence southerly along said lent mentioned wall to a point in said
stone wall located approximately 30 feet north of the north line of the
road or barway in said stone wall leaning to the barn of said grantor
and a stone wall running in a westerly direction then on the south line of
said stone wall mentioned towit: from said fence line three hundred (300) feet
in a general southeasterly direction to a stone post set in the
ground with the drift line of the shore and north east line of the
roadway or travelled passage known as the "John Ross Homestead Road"
which is a dirt road and runs in a general south easterly
direction to the last mentioned barnway and to the barn of said grantor,
which said stone post is located approximately eight (8) feet
from the center line of said "John Ross Homestead Road" as it
now is; thence in a general southerly and easterly direction following
the curving and altered course of said road a distance from the north line
of the said "John Ross Homestead Road" to where it intersects with the
said Post Road; thence easterly along the Post Road to the
village of Bradford to the north and northwest of the barnway as the same
now is; the entire premises hereby conveyed, comprises and consists
leading from the Post Road to Bradford and said "John Ross Homestead
Road" together with all the improvements thereon from the south line
of said roadway, as the same now is, along the west line of said first mentioned
highway leading to the barnway of said grantor and the barnway intending
to convey to the said mortgagee WITH MORTGAGE COVENANTS,
said tract of land is more particularly described in a deed conveyed
from Earl P. Bouder, dated September 2nd, 1927 and recorded in Land
Evidence Records of the Town of Charlestown, Book 3 of said records
above named being the same premises conveyed to Earl P. Bouder by
Howard N. Thorp, Commissioner by said deed dated August 7th, 1926, and re-
corded above the last mentioned deed is recorded in said Book 3 of said records
at page 327, containing by estimation fifty three (53) acres or more
less in said grantor's estimate and is known as "Rabbits' Sanctuary"
by all, and along with said "John Ross Homestead Road" and eight (8) feet
more less in said grantor's estimate of said John Ross Homestead Road as
the same now is, to the stone post at the southeast three hundred (300)
feet in a general southeasterly direction and thence easterly
and thence northeasterly to a stone post with one drill hole therein and thence
along said stone wall running in a northeasterly direction until intersecting
with the first stone wall above mentioned; and thence easterly along
said first stone wall to the said highway thence easterly along the
west line of said first mentioned highway to the said north line of
said barnway.
References to the above mentioned deeds are hereby made and
and the same deeds and the records thereof are hereby made a part of
these premises.
TO HAVE AND TO HOLD, the aforementioned premises, with all the rights, priv-
ileges and appurtenances thereto belonging unto and unto the use of the said mortgagee,
and her heirs and assigns, forever.
And I, the said mortgagor, do hereby, for myself and for my heirs and assigns
covenant with the said mortgagee and her 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 as herebefore mentioned; that I have good right, full power and lawful autho-
rity to sell and convey the same in manner as aforesaid; that the said mortgagee and
her heirs and assigns shall by these presents at all times hereafter peaceably and quiet-
ly 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 forever against all lawful claims and demands of all persons.
PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition,
page 2
281
that if the said mortgagor or his heirs, executors, administrators or assigns, shall pay
unto the said mortgagee or her executors, administrators or assigns, the sum of Five
Hundred dollars, wherefore the said mortgagor has made his negotiable promissory note
for said aggregate sum, bearing even date with these presents, and made payable to the
order of above mentioned mortgagee from the date hereof, with interest thereon 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 arrear,
whether before or after maturity, be borne interest at the rate aforesaid until paid and
shall also 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 note, shall become
and be absolutely void to all intents and purposes whatsoever.
BUT IF DEFAULT shall be made in the payment of the said promissory note or of
said interest, at the time or times and 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 insurance hereinafter con-
tained, then it shall be lawful for the said mortgagee, her 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 mortgagor and his heirs, executors, administrators and assigns,
therein, by public auction upon the premises and to bid for and 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 the same at least once each week for three successive weeks in The Westerly
Daily Sun newspaper published in Washington County 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 her or 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 sub-
stitution and revocation), to make, execute and deliver to the purchaser or purchasers at
such sale a good and sufficient deed or deeds of sale of 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 then due or from the date thereof, or the part thereof remaining unpaid, and
also the interest then due on the same, together with all expenses incident to such sale or
sales, or for making deeds hereunder, 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, if any, either theretofore paid by the said mortgagee, her executors, admin-
istrators or assigns, or then remaining unpaid upon said granted premises rendering and paying
the surplus of said proceeds 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 mortgagor, his heirs, executors, administrators or assigns,
which sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity
against the said mortgagor, his heirs, executors, administrators and assigns, and all persons
claiming said premises, so sold, by from or under him, then, 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, her heirs, executors, administrators
and assigns, that I and they will upon request execute such deed or deeds confirmatory of said
sale or sales as may be required.
page 3
282
AND FURTHERMORE, 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 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 mortgagee, and her executors, administrators and assigns, shall approve, in a
sum not less than Five 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 his heirs and assigns,
payable in case of loss to the said mortgagee, and her executors, administrators or assigns,
and that the premium or premiums paid therefor shall be a further charge upon said granted
premises, secured by those Presents.
IN WITNESS WHEREOF I have hereunto set my hand and seal this first day of April
in the year of our Lord One thousand nine hundred and thirty three. (1933)
Executed in presence of
LINTON L. BROWN ROBERT E. THORNTON (SEAL)
STATE OF RHODE ISLAND, Sc.)
County of Washington )
)
In Charlestown on the first day of April, A. D. 1933 before me personally
appeared Robert E. Thornton to me known and known by me to be the party executing the
foregoing instrument, and acknowledged said instrument, by him executed, to be his
free act and deed.
LINTON L. BROWN
Notary Public.
Received for record April 1st, A. D. 1933, at 11:25 o'clock, a. m., and
recorded by [Signature]
Town Clerk.
I, the undersigned, having received full payment and satisfaction of the within
mortgage recorded in the records of land evidence in the Town of Charlestown, Co. in
the State of Rhode Island, in Real Estate Mortgage Book Number 25 pages 20, 261, 282,
cancel and discharge the same of all money due and owing 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 third day of June,
A. D. 1940
In Presence of
LINTON L. BROWN MARY E. THORNTON, nee Mary E. Wheaton (L.S.)
Above discharge received for record June 3rd, A. D. 1940 at 4:00 o'clock, p. m.,
and recorded by [Signature]
Town Clerk
The page as recorded
