7/24/1940 · TAX COLLECTOR'S DEED · book 28 page 292 doc 122@28/292

401 MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That Victor Tougas and Marie R. Tougas, husband and wife, of Charlestown, Rhode Island, hereinafter called the Mortgagor, in consideration of the sum of Twenty-five Hundred and 00/100 Dollars ($2500.#), paid to him by The National Shawmut Bank of Boston, a corporation organized and existing under the laws of the United States of America, hereinafter called the Mortgagee, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the Mortgagee, its successors and assigns, forever, all that certain real estate located in the Town of Charlestown, County of Providence, State of Rhode Island, described as follows: The part of land, with the buildings and improvements thereon, laid out as follows: Beginning at a point on the northeasterly side of the State Highway leading from the Village of Charlestown to Wood River Junction, said point being distance Hundred and eighty-four feet easterly from the stone bound set in the ground at the southwestern corner of premises of William J. Gardiner, sr et ux; thence turning an interior angle of ninety and three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an interior angle of ninety three degrees ninety-nine minutes, an 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403 4. That he will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines or impositions, for which provision has not been made hereinbefore, and in default thereof the Mortgagee may pay the same, and all sums so advanced shall become at interest with the principal sum secured hereby; and that he will promptly deliver the official receipts therefor to the Mortgagee. 5. That he will keep the premises in as good order and condition as they are now, and he will not permit or cause to omit any waste, tenement, reasonable repairs or deterioration. 6. That any policies of insurance on the premises now or hereafter conveyed shall be assigned and transferred, or made payable in case of loss, to the Mortgagee, as additional security hereto. If the Mortgagor fails to make any payments for insurance premiums as provided for in subsection (b) hereinbefore, the Mortgagee may pay the same for the Mortgagor, and all sums so paid shall bear interest at the rate of five per cent (5%) per annum from the date of payment to the date of payment thereof by the Mortgagor to the Mortgagee, and if by any part thereof, shall be damaged or destroyed by fire or other hazard against which insurance is held as hereinbefore provided, the Mortgagee may apply the proceeds of any insurance recovery, to the extent of the insurance contract, to the sale or the extension of the debt then remaining unpaid, be it for the repairing or rebuilding of the premises. If there shall be a default in any of the terms, conditions or covenants of this mortgage, or under the note secured hereby, it shall be lawful for the Mortgagee to sell, together or in parts, all or singular the premises hereby granted or intended to be granted, or any part thereof, and to apply the proceeds of such sale to the payment of Victor Tougas and Marie R. Tougas, the said Mortgageor, their heirs, executors, administrators and assigns therefrom, in public auction upon the premises, and to any other purchaser or purchasers that shall be responsible for the application of the purchase money, after first giving notice of the time and place of such sale by publishing a notice thereof for three successive weeks in some newspaper published in Washington County, Rhode Island, with power to adjourn said sale to any time after publication of the notice of the adjournment, at his discretion. The notice of sale shall be signed by the Mortgagee or his name or names, or as the attorney or attorneys of the Mortgagee, Victor Tougas and Marie R. Tougas, each and every one of whom shall have full power of attorney, with full power of substitution and revocation), to make, execute and deliver to the purchaser or purchasers that shall be responsible for the application of the purchase money, a deed simple, and to receive the proceeds of such sale or sales, and from such proceeds to remit to the Mortgageor the surplus, if any, after payment of the principal sum of the note, interest thereon remaining unpaid, and also the interest then due on the same, together with all expenses including attorney's fees, costs of the sale, costs of the notice of sale, costs of counsel and attorneys, and all costs and expenses incurred in the exercise of said powers and all taxes, assessments, and premiums paid for insurance, if any, whether therefore paid by the Mortgagor or the Mortgagee. If any sum, in any part thereof, shall remain from the surplus of the proceeds of such sale or sales, if any there be, over and above the amounts so to be remitted as aforesaid, the Mortgagee shall pay the same to the Mortgageor, after deducting expenses and charges, to the Mortgagee, which sale or sales, as made aforesaid, shall forever bar and extinguish all right, title, interest, or claim of Victor Tougas and Marie R. Tougas the said mortgagor, their heirs, executors, administrators and assigns, and all persons claiming same under them, to the premises hereby granted or intended to be granted, and the Mortgagee shall, upon request, execute such deed or deeds confirmatory of such sale or sales as may be required. Notice of the exercise of any option granted herein, or in the note secured hereby, is not required to be given. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the Mortgagor and the Mortgagee, their respective successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. WITNESS the hand(s) and seal(s) of the Mortgagor(s) this 1st day of February 1941. Signed, sealed and delivered in presence of: VICTOR TOUGAS (SEAL) MARIE R. TOUGAS (SEAL) HAROLD J. MCLAUGHLIN STATE OF RHODE ISLAND { ss: County of Washington } In Charlestown, on the 12th day of March, A. D. 1941, personally appeared the above named Victor Tougas and Marie R. Tougas, each and all to me known, and known by me to be the parties executing the foregoing instrument, and severally acknowledged same instrument by them executing to be their free act and deed. HAROLD J. MCLAUGHLIN Notary Public. Received for record March 12th, A. D. 1941 at 4:10 o'clock, p. m., and recorded by [Seal] Town Clerk (For Assignment of above Mortgage, see Page 615) (For Discharge of above Mortgage, see Page 476)