5/31/1946 · MORTGAGE · book 30 page 37 doc 1287@30/37

Executed in the presence of Joseph W. Hudson Joseph W. Hudson As to Lucille J. Scanlon and John E. Scanlon Rogers E. Trainer Ronnie Carville As to W. Monroe Hoxsie and Betty B. Hoxsie LUCILLE J. SCANLON JOHN E. SCANLON (SEAL) (SEAL) W. MONROE HOXSIE, JR BETTY B. HOXSIE (SEAL) (SEAL) (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND ) County of Providence ) In Providence, on the 27th day of May, A. D. 1946, before me personally appeared the above named grantors LUCILLE J. SCANLON and JOHN E. SCANLON, both to me known and known by me to be the two of the parties executing the foregoing instrument, and acknowledged said instrument, by them executed, to be their free act and deed. JOSEPH W. HUDSON, Justice of the Peace (Seal of Justice of the Peace) STATE OF RHODE ISLAND ) County of Washington ) In Westerly on the 28th day of May, A. D. 1946 before me personally appeared the above named grantors W. MONROE HOXSIE and BETTY B. HOXSIE, husband and wife, both to me known and known by me to be the two of the parties executing the foregoing instrument, and acknowledged said instru- ment, by them executed, to be their free act and deed. ROGERS E. TRAINER (Notarial Seal) Notary Public. Received for record May 31st, A. D. 1946 at 9:05 o'clock, a. m., and recorded by [Signature] ---- KNOW ALL MEN BY THESE PRESENTS: That we, ROBERT OWENS and HONOR OWENS, husband and wife, both of the Town of Charlestown, in the County of Washington and State of Rhode Island, (hereinafter called the mortgagors) in consideration of Six Hundred twenty-five ($625.00) Dollars to us paid by the WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, a corporation legally incorporated and established and transacting business in the Town of Westerly, in the County of Washington, and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (hereinafter called the mort- gagee), its successors and assigns, forever, that certain lot or parcel of land, situated in the Town of Charlestown, County of Washington and State of Rhode Island, on the northerly side of the Old Post Road, and bounded and described as follows, to wit: Beginning at a point on the northerly line of the said Old Post Road at the southeasterly corner thereof or 14 poles east of Charles R. Moss et al thence running westerly bounding southerly on the Old Post Road, one hundred three acres and fifty poles to Paul A. Rhode Island Highway road; hence southerly at an exterior angle of 90° with the last described line forming then a line along the said road, ten (10) feet to a Rhode Island Highway boundary post; thence southerly at an interior angle of 90° with the last described line, twenty one and 49/100 (21.49) feet thence northerly at an interior angle of 90° with the last described line, to the southerly line of land of the State of Rhode Island thence running easterly on said State of Rhode Island land, to a drill hole in the foundation of the wall on the

39 granted, or intended to be granted (herein called the premises), or any part or parts thereof, and the benefit and equity of redemption of the said mortgagors, and their heirs, executors, administrators and assigns therein, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser 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 (3) successive weeks in some newspaper published in said Town of Westerly with power to adjourn such sale from time to time, provided that the publication of said notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper; such notice to be upon the premises or elsewhere as specified in such notice; and in its or their own name or names, or as the attorney or attorneys of the said mortgagors, (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, good and sufficient deed or deeds of the premises sold in fee simple; and to receive the purchase moneys, and therefrom to retain all sums hereby secured, whether then payable or to become payable thereafter, or the part thereof then remaining unpaid, and also the interest then 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 exercise or defense of these powers or with any proceeding or action concerning the enforcement thereof or of said note or of these presents, and all taxes, water rates, assessments, insurance premiums and expense of repairs, either heretofore said by the said mortgagees or then remaining unpaid, rendering and paying the surplus of said purchase moneys, 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 the said mortgagors, their heirs, executors, administrators and assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagors their heirs, executors, administrators and assigns, and all persons claiming said premises, so sold, by, from, under, or then any, or any of them. And the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said mortgagees, and its successors and assigns, that they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, for the consideration aforesaid and to further increase the security of this mortgage, do hereby covenant and agree to and with the said mortgagees, its successors and assigns, as follows: To pay all indebtedness hereby secured in accordance with the tenor of said note and all taxes and assessments of every nature levied or to be levied upon said premises or upon the mortgage or indebtedness secured hereby, or in respect to said mortgage or mortgage indebtedness, whether under statutes now in force or that may be hereafter enacted and in place upon said premises, and all water rates and other expenses hereby secured as herein provided. To keep and maintain insurance against loss by fire upon the buildings upon said premises, payable in full to the said mortgagees or its successors and assigns, in at least such amount, not less than Six hundred twenty five (625) dollars and not less than such amount necessary to prevent the permanent of overinsurance claims, and in such form and in such company as the mortgagees or its successors and assigns may approve, and to pay the premiums, who are hereby authorized to effect such insurance through such agents or brokers as they may select; all such policies to be assigned to the said mortgagees, its successors and assigns, and the said mortgagors and assigns, whether or not required by the mortgagees, its successors and assigns, to be signed, sealed and delivered to the said mortgagees, its successors and assigns, and to be signed, sealy signed hereby, making constituting and appointing the President or Secretary for the time being of said mortgagees or its successors and assigns, its true and lawful attorney in fact and attorney or attorneys, irrevocable in their name and stead and but in the uncontrolled discretion of said attorney or attorneys, to sign, seal and deliver any and all such policies, and in case of loss or losses, to reimburse himself therefore from all expense (including reasonable attorney's fees) incurred in the collection of any insurance money so recovered to the said mortgagees or its successors and assigns, who shall apply the same and any uninsured premium or of dividend upon any policies as aforesaid, either in the event of any holder or any subsequent lien upon said premises, at its or their election in whole or in part, to the payment of any taxes, assessments or insurance premiums, whether or not then due, or in reimbursement of advances for taxes, assessments or insurance premiums, or in the cost of replacing or restoring the damaged buildings or improvements. To maintain all buildings upon said premises in good repair, and not cause or permit waste, or demolition or removal without first obtaining the written consent of the mortgagees, its successors and assigns.

40 4. That all amounts advanced by the mortgagee, its successors and assigns, for the payment of taxes, assessments, water rates or insurance premiums shall be repaid upon demand, and until repaid shall be added to the unpaid principal of the indebtedness hereby secured and shall bear interest at the same rate as said indebtedness, and, together with such interest, shall constitute a further lien upon the premises secured by these presents. IN WITNESS WHEREOF, we have hereunto set our hands and seals this twenty fifth day of May, one thousand nine hundred and forty-six. A. D. one thousand nine hundred and forty-six. Signed, Sealed and Delivered in presence of Betty B. Alger Henry Harris ROBERT OWENS (SEAL) HONOR OWENS (SEAL) STATE OF CONNECTICUT } SS. County of New London } In Pawcatuck, on the 29th day of May, A. D. 1946, before me personally appeared the above named Robert Owens and Honor Owens, husband and wife, each and all to me known and known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by them executed, to be their free act and deed. HENRY HARRIS Notary Public Received for record May 31st, A. D. 1946 at 9:10 o'clock a. m., and recorded by [Signature] Town Clerk The WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, having received full payment of all sums due on this mortgage, does hereby cancel and discharge the same. In testimony whereof, said Association has caused its corporate seal and name to be hereto affixed by the Treasurer thereof duly authorized this 5th day of November, 1951. Katherine McCarroll WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (Corporate Seal) By H. M. Barber Treasurer Received for record November 7th, A. D. 1951 at 9:40 o'clock, a. m., and recorded by [Signature] Town Clerk

40 4. That all amounts advanced by the mortgagee, its successors and assigns, for the payment of taxes, assessments, water rates or insurance premiums shall be repaid upon demand, and until repaid shall be added to the unpaid principal of the indebtedness hereby secured and shall bear interest at the same rate as said indebtedness, and, together with such interest, shall constitute a further lien upon the premises secured by these presents. IN WITNESS WHEREOF, we have hereunto set our hands and seals this twenty fifth day of May, A. D. one thousand nine hundred and forty-six. Signed, Sealed and Delivered in presence of Betty B. Alger Henry Harris ROBERT OWENS (SEAL) HONOR OWENS (SEAL) STATE OF CONNECTICUT } ss. County of New London } In Pawcatuck, on the 29th day of May, A. D. 1946, before me personally appeared the above named Robert Owens and Honor Owens, husband and wife, each and all to me known and known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by them executed, to be their free act and deed. HENRY HARRIS Notary Public Received for record May 31st, A. D. 1946 at 9:10 o'clock a. m., and recorded by [Signature] Town Clerk The WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, having received full payment of all sums due on this Mortgage, does hereby cancel and discharge the same. In testimony whereof, said Association has caused its corporate seal and name to be hereto affixed by the Treasurer thereof duly authorized this 5th day of November, 1951. Katherine McCarroll By H. M. Barber Treasurer WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (Corporate Seal) Received for record November 7th, A. D. 1951 at 9:40 o'clock, a. m., and recorded by [Signature] Town Clerk