8/3/1933 · MORTGAGE · book 25 page 332 doc 9235

332 We, INEZ V. SAYER, UNMARRIED, and LOUVAN V. SOULE, both of the City of Prov- idence, County of Providence, State of Rhode Island, hereinafter called the Mortgagors, for consideration paid grant to John W. Buddington, of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the Mortgagee, with MORTGAGE COV- ENANTS to secure the payment of Two Thousand (2000) Dollars in Three (3) years, with in- terest at Six (6) per cent per annum, payable semiannually in advance as provided in a certain negotiable promissory note of even date herewith; A certain lot or parcel of land with the building and improvements thereon and including the furniture and furnishings contained in said building, said lot being situa- ted on the northerly side of Surfside Avenue, Quonsetpoint Central Beach, Town of Charles- town, County of Washington, State of Rhode Island, and bounded and described as follows, to wit: Lot numbered one hundred twenty (120) as shown and delineated on a certain plan or plat entitled "Plan of Quonsetpoint Central Beach, Charlestown, Rhode Island", dated October 12th, 1924, said plan being five by five, the Inch, October 1924, Russell & Lewis, Engrs. Revised November 10, 1925." Said plan or plat being on file in the Town Clerk's office in said Town of Charlestown, Rhode Island, the Mortgagee, he his heirs and assigns shall have the right to pass and repass to and from and hereon and from said lot to and from any street, avenue, highway or road not across other parcels of land but of way or roads as shown on said plan or plat leading to the public highway and as a road or path leading directly to the beach, and also the right of way leading from the road to the fresh-water pond, and any other use of said road or path as may hereafter be designated as a public user; the said Mortgagors, for himself, his heirs and assigns, reserve the right of way and passage to and from the Mortgagee, his heirs and assigns, that said Mortgagee, his heirs and assigns, will and shall assign and convey to Howard R. Thorp, he his heirs and assigns, said island, his heirs and assigns, on or before the first day of August in each year thereafter, the sum of Five ($5) Dollars for each lot hereby conveyed, provided that said sum shall be paid by the said Howard Thorp, his heirs and assigns, in his and their uncontrolled discretion to the end and purpose that said road and other property hereby conveyed to be designated for public use, and the said sums agreed to be paid are hereby a lien and encumbrance upon said property hereby conveyed, and in case of failure to make any payment within one year after the same shall become due, the said Howard R. Thorp, he his heirs and assigns, will and shall convey and sell the premises at public auction, first giving notice of such sale by posting notices published in and shown of the Town of Washington, at least once each for three successive weeks, and convey to the purchaser or purchasers at said sale. This conveyance is made and accepted subject to the following conditions and restrictions: to wit: First. In case of a contemplated sale of said lot or parcel of land or any part thereof, said Howard R. Thorp, he his heirs of assign, shall be given ten days notice in writing and shall have the first option to purchase the same with all the buildings and improvements thereon at the high- est bone fide price given in good faith made and offered actually to the Mortgag- or whoever shall be owner of said lot. Second. The above conveyed premises shall be used only as a site for one dwellinghouse on the lot hereby conveyed, which dwellinghouse shall be erected within the premises in accordance with the building lines as shown on said plat, and no portion of any building or dwellinghouse (porch included) shall approach the street or streets or ocean front nearer than said build- ing line, nor shall any fence, wall, hedge or lint whatever be erected along the side lines of the lot nearer than five feet therefore from no detached garage other than automotive garage shall be erected on said lot without agreement written on said lot 240 shall contain not completed less than one thousand square feet including the porch, and all drains, sewers and sewage outlets shall be piped to a suitable cesspool to be constructed and main- tained on the above premises at the expense of the Mortgagee, his heirs and assigns, at his own cost and expense. Third. No division or line wall, hedge or fence of any nature shall be permitted in any manner of any size anywhere (except the swellinghouse) that shall in any obstruct the view from any part of any adjoining property or any dwelling place in this Colony; shrubs, flowers and vegetables shall be per mit- ted. Fourth. No poultry, swine, cattle, noise 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. Fifth. The said Howard R. Thorp, he his heirs and assigns, reserve the right to enter upon the above described and conveyed premises to lay pipe out- lets graves, or sewers, or in fair the same, always leaving the premises in as good condition as when entered. Sixth. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements

333 on the part of the said Mortgagee, his heirs and assigns, on his part to be just and punctual that shall stand in void and on the whole lease hereby conveyed; it is further agreed and made a part of the consideration of this mortgage that in case of any vio- lation of the above conditions or covenants on the part of said Mortgagee, his heirs or assigns, the title of the mortgagor or mortgagors, or their heirs to the said house, his heirs or assigns, his heirs or assigns, or the may or represent himself themselves, of the estate, hereby granted and all right, title, and interest hereby conveyed shall be forfeited and cease and determine. It being the intention of this instrument to convey the same premises that was conveyed to these Mortgagors by deed dated August 25, 1925 and duly recorded in the Land Evidence Records of said Town of Charlestown in Book 22, page 81. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. I, Daniel A. Soule, husband of Louvan W. Soule, release to the said Mortgagee, all my right of curtesy in the aforementioned premises. WITNESS our hands this 1st day of August, A. D. 1933. Witnesses: INEZ V. SAYER (SEAL) HOWARD B. THORPE LOUVAN W. SOULE (SEAL) MARY B. THORPE DANIEL A. SOULE (SEAL) STATE OF RHODE ISLAND } County of Washington } In Charlestown on the 1st day of August, A. D. 1933 before me personally appeared the above named Mortgagors, to me known and known by me to be the parties executing the fore- going instruments, and they acknowledged said instrument, by them executed, to be their free act and deed. HOWARD B. THORPE Notary Public. Received for record August 3rd, A. D. 1933 at 9:30 o'clock, a. m., and recorded by [Signature] Town Clerk. I, John F. 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 Land Evidence Book No. 25 at Page 332 hereby cancel and discharge the same. And I covenant to 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 15th day of May 1939. JOHN F. BUDDINGTON Witness Howard S. Thorp. Above discharge received for record May 17th, A. D. 1939 at 9:00 o'clock a. m., and recorded by [Signature] Town Clerk