The instrument's own words
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581
KNOW ALL MEN BY THESE PRESENTS, that I, PHILIP S. STARRETT, of the City and State of
New York, hereinafter called the mortgagor in consideration of the sum of Thirty-seven Thousand
fifty ($37,050) Dollars, to me paid by JUDENIA A. McGOLL, of Bradford of in the Town of Westerly in
the 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,
That certain lot of land, with the buildings and improvements thereon, situated
in the Town of Charlestown and State of Rhode Island, containing fifty (50) acres of land,
more or less, bounded northerly by land now or lately of Emma A. Browning; easterly by land of
said Emma A. Browning and land now or lately of Lucy A. Webster; southerly by the Salt Pond, and
westerly by land now or lately of Frank W. Arnold.
Being the same premises conveyed by deed of Caleb B. Nye to Edward S. Crumb, dated
September 7, 1911, and recorded with the records of the Land Evidence in said Charlestown in Deed
Book 17 at page 142, to which reference is hereby made.
TO HAVE AND TO HOLD the aforesaid premises, with all the privileges and appur-
tenances thereto belonging, unto and to the use of the said mortgagee, and her heirs and
assigns forever.
And I the said mortgagor, do do hereby, for myself and for my heirs, executors and
administrators, 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
that i have good right, full power and lawful authority to sell and convey the same in manner as
aforesaid; that the said mortgagee and her heirs and assigns shall be by these presents at all
times hereafter peaceably and quietly have and enjoy the said premises, and that I and the said
mortgagor will, and my heirs, executors and administrators shall, warrant and defend the same
to the said mortgagee and her heirs, executors and assigns forever against the lawful claims and demands
of all persons.
And in consideration of aforesaid, I, Amy N. Starrett, wife of said Philip S.
Starrett, do hereby release all my right of dower in and to the said granted premises unto
the said mortgagee and her heirs and assigns forever.
PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition, that
if I the said mortgagor or my heirs, executors, administrators or assigns, shall pay unto
the said mortgagee or her executors, administrators or assigns, the sum of Thirty-seven Thousand
fifty ($37,050) Dollars, whereas for the said mortgagee have made my negotiable promissory note
for said aggregate sum, bearing even date with these presents, made payable to the order
of said mortgagee, as specified in said note, with interest thereon at the rate of six (6) %
per centum per annum, payable semi-annually in advance until said principal sum is paid, whether ot
at maturity, or before all installments of interest are in arrear, whether before or after
maturity, to bear 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 principal sum 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 contained, then it shall be
lawful for the said mortgagees, 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
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582
or parts thereof, and the benefit and equity of redemption of me the said mortgagor and
the said Amy Y. Starrett, and our heirs, executors, administrators and assigns therein,
at public auction upon the premises, and to bid for and become the purchaser or pur-
chasers 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 some public
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 me the said
mortgagor and the said Amy Y. Starrett, (for that purpose by these presents duly author-
ized and appointed with full power of substitution and revocation,) to make, execute and
deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds
of said premise 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 to fall due
thereafter, or part thereof then 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
thereunder, 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,
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 me the said mortgagor my heirs, executors, administrators or assigns.
which sale or sales made as aforesaid shall forever be a perpetual bar in law and
equity against me as the said mortgagor and the said Amy Y. Starrett our heirs, executors,
administrators and assigns, and all persons claiming said premises, so sold by us, from
or under us, then or at any time.
And I the said mortgagor, for myself and for my heirs, executors, administrators
and assigns, hereby covenant with the said mortgagee, and her heirs, executors, adminis-
trators and assigns, that I and they will upon request execute such deed or deeds confir-
matory of said sale or sales as may be required.
AND FURTHERMORE, I the said mortgagor, for myself and for my heirs, executors,
administrators and assigns, hereby covenant with the said mortgagee, and her executors,
administrators and assigns that insurance against loss by fire shall be kept and main-
tained on the buildings at the premise aforesaid in such office or offices as the said
mortgagee, or her executors, administrators or assigns shall approve, in a sum not less
than seventy-five hundred fifty (7550) 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, admin-
istrators or assigns, may effect such insurance in the name of said mortgagor, and my
heirs and assigns, payable in case of loss to the said mortgagee, and her executors,
administrators or assigns, and that the said mortgagee, and her executors, administrators
or assigns, that the premium or premium paid therefor shall be a further charge upon
said granted premises, secured by these presents.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of
September in the year of our Lord one thousand nine hundred and thirty four (1934).
Signed and Sealed in presence of
SAYLES GORHAM
PHILLIP S. STARRETT (SEAL)
AMY Y. STARRETT (SEAL)
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583
STATE OF RHODE ISLAND)
County of Washington }
In Westerly in said county, on this 29th day of September A. D. 1934 before me
personally appeared the above named mortgagor, Philip R. Starrett and Amy W. Starrett, his
wife, both of them to me known and known 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.
SAYLESS GORHAM
Notary Public.
Received for record October 3rd, A. D. 1934 at 10:48 o'clock, a. m., and
recorded by [Signature]
Town Clerk.
I, Eugenia A. McColl the undersigned, having received full payment and satis-
faction 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
581, 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 29th day of March,
A. D. 1937.
EUGENIA A. MCCOLL (L. S.)
In presence of
SAYLESS GORHAM
Above discharge received for record March 29th, A. D. 1937 at 4:25 o'clock,
p. m., and recorded by [Signature]
Town Clerk.