6/6/1938 · MORTGAGE · book 27 page 331 doc 124@27/331

331 THE WAKEFIELD TRUST COMPANY, a banking corporation organized under the laws of the State of Rhode Island and having its principal place of business in South Kingstown, Washington County, Rhode Island, for consideration paid, grants to GRAFTON M. WILSON, of Charlestown, Washington County, Rhode Island, with QUITCLAIM CONVEYANCE s That certain tract of land with all buildings and improvements thereon situated in said Charlestown, bounded and described as follows: Beginning at a point marked by a cement bound on the southerly side of the highway leading from Charlestown Beach to Cross Mills which is the northeasterly corner of the real estate herein described at a point one hundred thirty-six and 4/100s (136.4) feet west of an angle in said highway; thence westerly along said highway two hundred eighty eight (288) feet to another cement bound; thence turning a interior angle of 90° and turning northerly along said highway one thousand four hundred (1,400) feet to another cement bound; thence turning a right angle and running easterly two hundred eight (208) feet to a cement bound; thence turning a right angle and running southerly one thousand four hundred eighty eight and 82/100s (1,488.82) feet to the point or place of beginning; the northerly line of said tract being on the north, south and east by other land of this grantor and on the north by the said highway marked bound. WITNESS the corporate name and seal of the WAKEFIELD TRUST COMPANY, by Its Treasurer, Frank W. Clemens, thereto duly authorized, this 1st day of June A. D. 1938. Witness: WAKEFIELD TRUST COMPANY (SEAL) By Frank W. Clemens Treasurer FRANK L. CRANDALL (INTERNAL REVENUE STAMPS, $2.59) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Wakefield, Rhode Island, on the 1st day of June A. D. 1938, before me personally appeared FRANK W. CLEMENS, the Treasurer of the Wakefield Trust Company and the person duly authorized to execute the foregoing instrument and he acknowledged said instrument by him executed to be his free act and deed and deed as Treasurer of the said Wakefield Trust Company, and the free act and deed of said Wakefield Trust Company. FRANK L. CRANDALL Notary Public. Received for record June 6th, A. D. 1938 at 4:00 o'clock, p. m. and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, That I, GRAFTON M. WILSON, of Charlestown, Washington County, Rhode Island, (hereinafter called the mortgagor) in consideration of Two Thousand Five Hundred and 99/100 ($2,599.00) Dollars, to me paid by WAKEFIELD TRUST COMPANY, a corporation created by the General Assembly of the State of Rhode Island, and located and transacting business in the Town of South Kingstown, County of Washington, in said State, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey unto said Wakefield Trust Company, its successors and assigns forever That certain tract of land with all buildings and improvements thereon situated in said Charlestown, bounded and described as follows: Beginning at a point marked by a cement bound on the southerly side of the highway leading from Charlestown Beach to Cross Mills which is the northeasterly corner of the real estate herein described at a point one hundred thirty-six and 4/100s (136.4) feet west of an angle in said highway; thence westerly along said highway two hundred eighty eight (288) feet to another cement bound in the

southerly line of said highway; thence turning an interior angle of 90° and running southerly 100 feet highway; thence N 27° 00' E 200 feet (141.42') and thence turning easterly turning a right angle and running easterly two hundred eight (208) feet to another cement bound; thence turning a right angle and running southerly 100 feet to another cement bound (141.42') and thence to the point or place of beginning, said tract being bounded on the west, south and east by land of other mortgagors and on the north by said highway. TO HAVE AND TO HOLD, the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of said WAKEFIELD TRUST COMPANY, its successors and assigns, forever. And, I, the said mortgagor do hereby, for myself, and for my heirs, executors, and administrators, covenant with said WAKEFIELD TRUST COMPANY, its successors 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 the manner as aforesaid; that said WAKEFIELD TRUST COMPANY, its successors and assigns, shall be thus premises at all times hereafter peaceably and quietly have and enjoy the said premises, and that I, the said mortgagor will, and my heirs, executors and administrators shall, warrant and defend the same to said Wakefield Trust Company, its successors and assigns, forever, against the lawful claims and demands of all persons. And for the consideration aforesaid, I, MARION G. WILSON, wife of Grafton M. Wilson, do hereby expressly release all my right of dower in and to the said granted premises unto said Wakefield Trust Company, its successors and assigns, forever. PROVIDED, HOWEVER, that this conveyance 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 said Wakefield Trust Company, its successors or assigns, the sum of Two Thousand Five Hundred ($2,500.00) Dollars, wherever for, I, the said mortgagor have made my/promissory note for said aggregate sum, bearing even date with these presents and made payable to the order of the said Wakefield Trust Company, one (1) year from the date hereof with interest thereon at the rate of six (6%) per centum per annum, payable semi-annually in advance according to the terms thereof until said principal sum is paid, whether that or at maturity, and all in- stalments of interest in arrears, 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 premise, or in respect of said mortgage, which said Wakefield Trust Company, its successors or assigns, may be called upon to pay, whether asses- sed under statutes now in force or that may be subsequently enacted, then this deed as also said promissory note shall become and be absolutely void to all intents and purposes what- soever. BUT IF DEFAULT shall be made in the payment of the said principal sum or of said interest at the time or times in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or of any 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 said Wakefield Trust Company, its successors or assigns, to sell, together or in parcels, all and singular, the premises hereby granted, or intended to be granted, or any or part thereof, and the benefit and equity of redemption of the said mortgagor and Marion G. Wilson, their executors, administrators and assigns, thereinafter, by public auction, and to bid for and to become the purchaser or purchasers at any such sale, (and no other purchaser or purchasers shall be answerable for the acquisition 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 suc- cessive weeks in some newspaper published in Washington County, said State of Rhode Island, 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 said sale to be upon the premises or elsewhere as specified

in such notice; and in its own name or their own name or names, or as the attorney or attorneys of the said mortgagor and Marion G. Wilson (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 or sales a good and sufficient deed or deeds of said premises in fee simple; and to receive the proceeds of such sale or sales, and therefrom to retain all the sum hereby secured, whether then due or not, or fully due thereafter, or the part thereof then remaining unpaid, and also the interest there due on the same, together with all expenses incident to such sale or sales, and all counsel fees and other expenses, incurred in, or in any way connected with the exercises of these powers, and all taxes, assessments as aforesaid, and all premiums for insurance, if any, either theretofore paid by said Wakefield Trust Company, its successors or assignees, or then remaining unpaid, rendering and paying the surplus of said proceeds of sale, if any there be, above and over the amounts so to be retained as aforesaid, together with a true and particular account of such sale, or sales, expenses and charges, to, the said mortgagor and Marion G. Wilson, their heirs, executors, administrators, or assignees, which sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity against the said mortgagor and Marion G. Wilson, their heirs, executors, administrators and assignees, and all persons claiming said premises, so sold, by, from or under them, or any of them. AND I, the said mortgagor, for myself and for my heirs, executors, administrators and assignees, hereby covenant with said Wakefield Trust Company, its successors and assignees that I or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, I, the said mortgagor, for myself and for my heirs, executors, administrators and assignees, hereby covenant with said Wakefield Trust Company, its successors and assignees, that insurance against losses by fire shall be kept and maintained on the buildings on the premises aforesaid, in such office or offices as said Wakefield Trust Company, its successors and assignees, shall approve, in a sum not less than Two Thousand Five Hundred ($2,500.00) Dollars, that the policy and the policies of such insurance upon said buildings shall be assigned and transferred, or made payable in case of loss, to said Wakefield Trust Company, its successors and assignees, as collateral security hereto and, in default hereof, thereby agree that said Wake- field Trust Company, its successors and assignees, may effect such insurance either in its or their own name, or in the name of the said mortgagor, his heirs or successors, and that the premiums paid therefor shall be a further charge upon said granted premises, secured by these pre- sents as aforesaid. IN WITNESS WHEREOF we have hereunto set our hands and seals this 1st day of June A. D. one thousand nine hundred and thirty eight. Signed, sealed and delivered } GRAFTON M. WILSON (L. S.) in presence of } MARION G. WILSON (L. S.) FRANK L. CRANDALL STATE OF RHODE ISLAND } County of Washington, } In So Kingston on the 1st day of June A. D. 1938 before me personally appeared the above named Grafton M. Wilson and Marion G. Wilson to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. FRANK L. CRANDALL, Extraordinary Public (SEAL) Received for record June 6th, A. D. 1938 at 5:00 o'clock, p. m., and recorded by The WAKEFIELD TRUST COMPANY in South Kingston, having received full payment of the principal of the within mortgage, does hereby cancel and discharge the same. IN TESTIMONY WHEREOF said Trust Company has caused its corporate seal to be hereunto affixed and the same to be signed by a person thereunto appointed thereof, duly authorized this 31st day of March A. D. 1950 Signed and Sealed in presence of Margaret B. Walker WAKEFIELD TRUST COMPANY (L. S.) Leroy C. Whitford, Asst. Treas.