The instrument's own words
page 1
66
KNOW ALL MEN BY THESE PRESENTS, That Howard Z. Thorp, of the Town of Westerly,
County of Washington, state of Rhode Island, hereinafter called the Grantor, in con-
sideration of Ten (10) Dollars and other valuable considerations, paid by Harold B. Cong-
don and Ethel P. Congdon, husband and wife, both of the City of Providence, County of
Providence, State of Rhode Island, as joint tenants and not tenants in common, herein-
after called the Grantees, the receipt whereof is hereby acknowledged, does hereby give,
grant, bargain, sell and convey unto the said Grantees, and their heirs and assigns for-
ever, a certain tract or parcel of land and situate being in the Town of Charlestown, in
said County of Washington, bounded and described as follows: to wit:
Beginning at the northeast corner of the premises hereby conveyed, at the south-
east corner of lot No. 21 as shown and delineated on a certain plan or plat entitled,
"Plat of Blockcutting Central Beach, Charlestown, Rhode Island, Thorp & Trainer, Inc.,
Agents, Scale 80 feet to the Inch, October, 1924, Rossi & Lewis, Engineers, Revised to
September 10, 1929"; thence running southerly thirty-five feet, to an iron pipe driven in
the ground at a point five (5) feet northerly from the northwest corner of lot No. 29 as
shown on said plat; thence turning a right angle and running westerly five (5) feet to an
iron pipe driven in the ground; thence running southerly in a straight line to the Atlantic
Ocean, in a line parallel with and five (5) feet distant from the westerly boundary of lot
No. 29 as shown on said plat; thence running westerly Seventy-five (75) feet; thence run-
ning northerly through a drill hole in the concrete retaining wall in a line parallel with an
eighty (80) feet distant from the westerly boundary line of lot No. 29 as shown on said
plat, to a stone post set in the ground on the southerly boundary line of lot No. 31 as
shown on said plat; thence running northeasterly eighty-seven (87) feet, or more, less or
to the point and place of beginning. The said Grantees, their heirs and assigns, shall have
the right to pass and repass to and from and to and from the said lot or tract on foot or other-
wise, over and on and across those certain rights of way or roads as shown on said plan or
plot leading to the public highway and as well the rights of way leading to the beach and fou
also the right of way leading from the road to the fresh water pond and any other portions
of said plat which might hereafter be designated for Public Use; the said grantees, for
themselves, their heirs and assigns, hereby covenant and agree to and with the said Grantor,
his heirs and assigns, that the said Grantees, their heirs and assigns, will and shall
pay to the said Grantor, his heirs and assigns, on or before the first day of August in
each year hereafter, the sum of Five (5) Dollars for each lot hereby conveyed, said sum
to be expended and applied by the said Grantor, his heirs and assigns, in his and their
uncontrolled discretion to the care and maintenance of the roads and other portions that
may be designated for Public Uses, 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
Grantor, his heirs 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 purchas-
ers at said sale.
TO HAVE AND TO HOLD, the aforesaid premises, with all the rights, privileges
and appurtenances thereunto belonging, unto and to the use of the said Grantees, their
heirs and 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 and assigns, shall be given
ten days' notice in writing and shall have the first option to pur-
chase the same with the building and improvements thereon at the
highest bona fide price provided given made and actually offered to
the said Grantees or their heirs and assigns.
page 2
67
2. 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 erected on the premises in accordance with the building
line as shown on said plat; and no part of any building or
dwelling house (porch included) shall approach the street or streets
or prolongs thaner than said building line, nor shall any
improvement of front manner than said building line, nor shall any
building be erected on said lot that however approach one side lines
of the lot or lots nearer than five feet five feet therefrom; no detach
garage, por ch other outbuildings shall be erected; the
dwelling house erected on said lot or lots shall cost when com
pleted not less than $2,500.00 (Two thousand five hundred dollars)
all toilets, baths, kitchen or other drains or sewage outlets shall
be by a suitable septic tank system to be constructed and maintained on
the above premises by the Grantee, their heirs and assigns at
their own cost and expense.
3. No division or line walls, hedges or fences shall be permitted, nor
trees of any kind, nor anything (except the dwelling house) that
in any way obstruct the view from any part of any dwelling house
or any dwelling place in this colony; shrubs, flowers and vegetables
shall be permitted.
4. No poultry, swine, cattle, noisy dogs or cats or any other noisy oil
or objectionable animals or birds shall be kept or permitted to be
on said premises.
5. The Grantor, 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, and to keep the same in 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 Grantee, their heirs and assigns, on their
part to keep and perform, shall attach to and run with the land
hereby conveyed; it is further agreed that as a part of the consideration
of this sale and purchase that in case of any violation of the above com
ditions or covenants or agreements by the Grantee or their heirs and assigns,
that the title and fee to said premises shall revert to the said Grantor,
his heirs and assigns, and the said Grantee, their heirs and assigns of
the estate hereby granted and all right, title and interest hereby
conveyed shall be forfeited and cease and terminate.
The said Grantor, for Himself, his heirs, executors and administrators, covenants
with the said Grantee, their heirs and assigns, that he is lawfully seized in fee simple of
the said granted premises; that the same are free from all incumbrances, except as afore
said, that he has good right, full power, and lawful authority to sell and convey the same
in manner as aforesaid, that the said Grantee and their heirs and assigns, shall be these
premises at all times hereafter peacefully and quietly have and enjoy the said premises, sub
ject as aforesaid, and that the said Grantor will and his heirs, executors, and administra
tors shall warrant and defend the same to the said Grantee, their heirs and assigns, for
ever against the lawful claims and demands of all persons except as aforesaid.
And for the consideration aforesaid, I, HATTIE M. THORP, do hereby release all my
right of dower in and to the said granted premises unto the said Grantee, and their heirs
and assigns forever.
In WITNESS WHEREOF, we have hereunto set our hands and seals this 16th day of
May in the year of our Lord one thousand nine hundred and thirty-five.
HOWARD S. THORP
HATTIE M. THORP
In presence of:
(INTERNAL REVENUE STAMP, $1.00)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Westerly, on the 16th day of May, A. D. 1935, before me personally appeared
Howard E. Thorp and Hattie M. Thorp, to me known and known by me to be the parties executing
the foregoing instrument, and acknowledged said instrument by them executed to be their
free act and deed.
LARY S. THORPS, Notary Public.
Received for record May 21et, A. D. 1935 at 9:00 o'clock, a. m., and recorded by
Town Clerk.
page 3
695
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 re-
demption of me the said mortgagor and the said Harriet V. Rathbun and our heirs, executors,
administrators and assigns therein, at 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 such sale by the same act once each week for three succe-
sive 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 Harriet V. Rathbun, (for that purpose by these presents duly
authorized 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 premises in the circle, and to receive the proceeds of such sale or sales, and from
such proceeds to retain all sums hereby secured, whether then due or then to fall due thereafter,
or the part thereof then remaining unpaid, and also the interest then due on the same, to
gether with all expenses incident to such sale or sales, or for making deeds hereunder, and
for fees of counsel and attorney, and all costs or expenses incurred in the exercise of said
power, and all taxes, assessments and premiums for insurance, if any, either therefore
paid by the said mortgagee, her executors, administrators or assigns, or then remaining un-
paid, upon said granted premises, rendering and paying the surplus of proceed of said 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 mort-
gagor, by her heirs, executors, administrators or assigns, which sale or sales made as aforesaid
shall forever be a perpetual bar both in law and in equity against me the said mortgagor and
the said Harriet V. Rathbun, our heirs, executors, administrators and assigns, and all per-
sons claiming said premises by sale, so sold, by from us or under us, 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, and her heirs, executors, administrators
and assigns, hereby covenant with the said mortgagee, and her heirs, executors, administra-
tors and assigns, that I and they will upon request execute such deed or deeds confirmatory
of said sale or sales as may be required.
And FURTHERMORE, I the said mortgagor, for myself and for my heirs, executors, ad-
ministrators and assigns, hereby covenant with the said mortgagee, and her executors, admin-
istrators and assigns, that insurance against loss by fire shall be kept and maintained on
the buildings located on the premises aforesaid in such office or offices as the said mort-
gagee, and her executors, administrators or assigns shall approve, in a sum not less than
Six Hundred ($600) Dollars, and that the policy or policies of such insurance shall be assign-
ed 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 me 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 premium
or premiums paid therefor shall be a further charge upon said granted premises, secured by
these presents.
page 4
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed, to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
In Presence of
PRESTON H. PAGE
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
Above dischafge received for record February 7th, A. D. 1941 at 11:0 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk
page 5
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized Officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
In Presence of
PRESTON H. PAGE
Above dischafge received for record February 7th, A. D. 1941 at 11:10 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk
page 6
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed, to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized Officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
In Presence of
PRESTON H. PAGE
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
Above dischafge received for record February 7th, A. D. 1941 at 11:0 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk
page 7
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed, to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized Officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
In Presence of
PRESTON H. PAGE
Above dischafge received for record February 7th, A. D. 1941 at 11:10 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk
page 8
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed, to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized Officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
In Presence of
PRESTON H. PAGE
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
Above dischafge received for record February 7th, A. D. 1941 at 11:0 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk
page 9
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed, to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized Officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
In Presence of
PRESTON H. PAGE
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
Above dischafge received for record February 7th, A. D. 1941 at 11:0 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk
page 10
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed, to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized Officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
In Presence of
PRESTON H. PAGE
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
Above dischafge received for record February 7th, A. D. 1941 at 11:0 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk
page 11
696
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of
January in the year of our Lord one thousand nine hundred and thirty five (1935)
Signed and Sealed in presence of
OLIN P. TAYLOR
FRED S. RATHBUN (SEAL)
HARRIET V. RATHBUN (SEAL)
STATE OF RHODE ISLAND)
County of Providence )
In Providence in said county, on this 22nd day of January A. D. 1935 before me
personally appeared the above named mortgagor Fred S. Rathbun and Harriet V. Rathbun, his
wife, both of them to me known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument, by them executed, to be their free act and deed.
OLIN P. TAYLOR
Notary Public.
Received for record January 23rd, A. D. 1935 at 4:00 o'clock, p. m., and re-
corded by
[Signature]
Town Clerk.
Exchange Real Estate Company, 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 pages
694-695-696 does hereby cancel and discharge the same. And it covenants to and with the per-
son making said payment, that the premises herein described are free from said mortgage.
IN WITNESS WHEREOF, Exchange Real Estate Company, by its duly authorized Officer has
hereunto set its hand and seal this 20th day of January, A. D. 1941.
In Presence of
PRESTON H. PAGE
EXCHANGE REAL ESTATE COMPANY (Corporate Seal)
by Ernest Clayton
Treasurer.
Above dischafge received for record February 7th, A. D. 1941 at 11:0 o'clock, a. m.,
and recorded by
[Signature]
Town Clerk