11/21/1945 · AGREEMENT · book 29 page 612 doc 1175@29/612

610 612 We, FREDERICK KENYON and GERTRUDE KENYON, husband and wife of Charlestown, Washington County, Rhode Island, (hereinafter called the Grantors), for nominal consideration paid, grant unto the NARRAGANSETT ELECTRIC COMPANY, a Rhode Island corporation, (hereinafter called the Grantees), its successors and assigns, with Warranty Covenants, the right and easement to construct, reconstruct, repair, maintain and operate, for the transmission of electric current and for telephone use, a line of poles, (which may be erected at different times), with guys, braces, fittings, equipment and appurtenances, over, across and upon our land located on both sides of the Burdickville Road, so-called, in the Town of Charlestown, Washington County, Rhode Island. Said line to start at a right of way on Grantors' land that was deeded to the South County Public Service Company by Susan Chaplin by easement deed dated November 24, 1928 and recorded in the Records of Land Evidence of said Town of Charlestown in Book No. 23 at page 325, and extend in a general southerly direction to said Burdickville Road and then crossing said Road and extending in a general southerly and southeasterly direction to land now and formerly of John P. Penn and Abbie H. Penn, and is more particularly shown in red on a plan entitled "THE NARRAGANSETT ELECTRIC COMPANY. PLAN SHOWING RIGHT OF WAY ACROSS LAND OF FREDERICK KENYON and GERTRUDE KENYON, CHARLESTOWN, R. I. SCALE 1" - 200' SEPT. 1945", a copy of which is attached hereto and made a part hereof. Also the right and easement, from time to time, to trim and keep trimmed such trees as necessary for the safe and proper operation of the said line and to remove, replace, add to or otherwise change the said line and each and every part thereof; and to pass over and along said premises to and from said line for all the above purposes; together with the right to permit and allow the attachment of wires, cables and equipment of any other Company. It is agreed that the said line shall remain the property of the Grantee, its successors and assigns. IN WITNESS WHEREOF the aforementioned Grantors hereunto set their hands and seals this 9th day of October, 1945. Witness: J. Ernest Young A. S. Lahn FREDERICK KENYON (SEAL) GERTRUDE KENYON (SEAL) STATE OF RHODE ISLAND) } County of Washington ) In Charlestown winded in said County on the 9th day of October, 1945, before me personally appeared the above named Grantors, FREDERICK KENYON and GERTRUDE KENYON, 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. J. ERNEST YOUNG Notary Public The consideration paid for the within deed is less than $100. Received for record November 21st, A. D. 1945 at 9:35 o'clock, a. m., and recorded by [Signature] Town Clerk.

264 The mortgagor covenants and agrees that he shall keep the buildings now or hereafter standing on said premises insured against fire and (when required by the mortgagee) also against other casualties and contingencies, in sums satisfactory to the mortgagee; and all insurance upon said buildings shall be for the benefit of, and first payable in case of loss, to the mortgagee and in the event of any loss the said insurance shall be paid with the mortgagee. The mortgagor further covenants and agrees that a foreclosure of this mortgage shall entitle the mortgagee to assign to itself and take title then, from all right, title and interest and in and to any and all of the fire or other hazard insurance policies on the buildings now or hereafter standing on said premises, including the right to receive premiums on continuations thereof, whatever at law or in equity. The mortgagor further covenants and agrees not to commit, permit or suffer any waste, impairment or deterioration of the property or any part thereof, nor to use or permit the same to be used in any manner contrary to any federal, state or local municipal law or ordinance regulation or for any unlawful or improper purpose and that the mortgagor will keep all and the mortgagor's improvements in good repair and that the same are not and may not be in ruins while this mortgage is outstanding. The mortgagor also covenants and agrees that upon default in any condition of this mortgage or any note secured hereby, the mortgagee may apply any sums credited by or due from the mortgagor to the mortgagee to cure any default without a prior notice to the mortgagor; and that any sums advanced or paid by the mortgagee on account of any default of the mortgagor, including any sums advanced or paid by the mortgagee to cure any default in the payment of taxes, insurance, or any sums advanced to the mortgagor for repairs shall be paid on demand by the mortgagor with interest thereon at the rate of 6% per annum to the mortgagee, be the principal sum then due; and that upon default in any condition of the mortgage or note secured hereby existing for thirty (30) days, the entire unpaid balance of said debt shall become immediately due and payable, and that no extension whether oral or in writing for time of payment of the whole or any part of the mortgage debt shall release the mortgagor from such default. In the event the ownership of the mortgaged premises or any part thereof should be vested in a person other than the mortgagor, the mortgagee may, without notice, to the mortgagor, accelerate and declare the entire balance now and hereafter existing with reference to the mortgage and the debt hereby secured, and in the same manner as with the mortgagor, foreclose upon the premises and the debt hereby secured, and the mortgage hereby foreclosed or the debt hereby secured. No sale of the premises hereby mortgaged and no forbearance on the part of the mortgagee and the debt hereby secured shall operate to discharge, modify, change or affect the obligations given by the mortgagee shall operate to release, discharge, modify, change or affect the obligations given by the mortgagor or any part thereof. Wherever the words mortgagor and Mortgagee are used herein they shall include their several heirs, executors, administrators, successors, grantees and assigns subject to the limitations of law and of any other instrument of conveyance; and wherever the words the mortgagor and Mortgagee and the pronouns referring to them shall be construed as plural, neuter or feminine. WITNESS our hands and seals and submit this twenty-sixth day of August, 1944. O. LEONARD WRIGHT (SEAL) MURIEL WRIGHT (SEAL) In presence of: J. Bentham Watson as to both STATE OF RHODE ISLAND County of Providence In Providence on the twenty-sixth day of August A. D., 1944, before me personally appeared the above named O. Leonard Wright and Muriel Wright to me known and known by me to be the persons executing the foregoing instrument and acknowledged the same to be their free act and deed. J. BENTHAM WATSON Notary Public Received for record August 29th, A. D. 1944 at 9:10 o'clock, a. m., and recorded by [?] Town Clerk FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF PROVIDENCE having received full payment and satisfaction of the within mortgage does hereby cancel and discharge the same. Witness its corporate name and seal and by its duly authorized officer this nineteenth day of November, 1945. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF PROVIDENCE by Joseph L. Clair (Corporate Seal) Secretary In presence of: Muriel P. Pingrie Received for record November 21st, A. D. 1945 at 9:20 o'clock, a. m., and recorded by [?] Town Clerk