9/28/1946 · MORTGAGE · book 30 page 190 doc 1430@30/190

190 KNOW ALL MEN BY THESE PRESENTS: That We, Henry S. Brightman and Charlotte P. Brightman, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island (hereinafter called the "mortgagors") in consideration of Eight Hundred ($\$800.00$) Dollars, to us paid by INDUSTRIAL TRUST COMPANY, a corporation created by the General Assembly of the State of Rhode Island, located and transacting business in the City and County of Providence, in said State, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto said Industrial Trust Company, its successors and assigns, forever: (Description of property) That certain tract or parcel of land, situated in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows, containing by estimation fifteen acres, more or less: BEGINNING at a point marked by the end of a stone wall on the northerly side of the "Old Poste Road", so-called, at the southeasterly corner of premises hereby conveyed and at the northeasterly corner of the premises of David and Mary Burleigh; thence running northerly along a stone wall, bounded easterly by land now or formerly of Sarah Brightman, a distance of one hundred twenty (120) feet, then easterly to corner of walls; thence running easterly along a stone wall, bounded southerly by land now, or formerly, of Henry S. Brightman and Charlotte P. Brightman's children, to a stone wall marking the westerly boundary of said Sariah land; thence running again northerly along said stone wall, bounded easterly by said Sariah land, a distance of one hundred seventy-five (175) feet, more or less, northerly to corner of walls; thence running northerly along a stone wall, bounded easterly by land now or formerly of a general southerly and southerly direction, bounded northerly and northeasterly by land of Henry S. Brightman, a distance of five hundred twenty (520) feet, more or less, or until it comes to a corner at the easterly boundary line of said Henry S. Brightman; thence running southeasterly in a general southerly direction along wall, bounded westerly by said Brightman land, a distance of one hundred seventy-six (176) feet, more or less, or until it comes to the northerly boundary line of said "Old Poste Road", thence running westerly in a general southerly direction (462) feet, more or less, to the point of beginning place of beginning, or however otherwise the same may be bounded or described. EXCEPTING, however, from this conveyance Burial Ground or Burial grounds, situated and being on the aforesaid premises, mentioned in the line of title of the aforesaid premises, together with the right-of-way or rights-of-way to, and from said Burial Ground or Burial grounds. Being the same premises conveyed to these mortgagors by Marie E. Miller by deed of even date herein referred to be recorded in the Land Evidence Records of said Town of Charlestown. TO HAVE AND TO HOLD, the aforementioned premises, with their appurtenances, unto and to the use of the said Industrial Trust Company, its successors and assigns forever. And the said mortgagors do hereby, for themselves and for their heirs, executors, administrators, and assigns, covenant with said Industrial Trust Company, its successors and assigns, that they are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances; that they have good right, full power and lawful authority to sell and convey the same in the manner as aforesaid; that said Industrial Trust Company, its successors and assigns, shall by these presents at all times hereafter peaceably have and enjoy the said premises; and that the said mortgagors will, and their heirs, executors, administrators and assigns shall, warrant and defend the same to said Industrial Trust Company, its successors and assigns, forever, against the lawful claims and demands of all persons. And for the consideration aforesaid we, Henry S. Brightman and Charlotte P. Brightman, do hereby release all our right of curtesy and dower, respectively, and all other rights, statutory or otherwise, in and to the said granted premises unto said Industrial Trust Company, its successors or assigns, forever. PROVIDED, NEVERTHELESS, that, if the said mortgagors, or their heirs, executors, administrators, or assigns, shall pay unto said Industrial Trust Company, its successors or assigns, the principal and interest of a certain promissory note of the mortgagors of even date herewith, and bearing the serial number hereof, in accordance with the terms and conditions thereof, and shall also pay all ta-es, assessments, insurance premiums and other sums, the payment of which are hereby required or secured, and as when the same become due

attorney irrevocable of the mortgagors to demand, adjust, sue for compro- mise and collect any and all losses which may occur under any and all insurance and to give releases for any and all sums received in settlement of any and losses, and to apply the same, after deducting any expenses incurred in con- connection therewith, to the payment of the principal sum hereby secured, whether or not then due, or in reimbursement for any tax-es, assessments, insurance premia- ments, water rates or interest, or in the cost of replacing or rebuilding or repairing the damaged buildings or improvements. In the event of foreclosure under this mortgage, the Industrial Trust Co. as trustee to the mortgagors provided in satisfaction of the indebtedness, or any part thereof secured hereby, all sums, title and right to any and all insurance policies, or to any insurance poli- cies, or to any refund or return of premiums or dividends thereon, shall pass to the mortgagee, and the mortgagee shall be entitled to apply the same to the mortgage, and the mortgagee shall have, at its option, transfer its right, title and interest in and said policies to the proceed thereof any payment of the mortgage or any part thereof, and any sums paid on said policies by any insurance company of refunds, dividends or otherwise, shall be applied on account of the in- debtedness hereby secured, and the mortgagee as a trustee for the mortgagors a- sure. If the mortgagors fail to provide such insurance or to pay the premiums thereon, and shall be entitled, at its option, to pay the premiums thereon, and all premiums so paid shall become a part of the indebtedness secured herein, and shall bear interest at the rate of 6% per cent provided upon the initial instalt- ments until payment thereof. 3. To keep and maintain the ex-terior and the interior of the buildings and improvements on the premises described above in this mortgage at all times until full payment and discharge hereof in as good condition and repair as in the same now are or may hereafter be, and to keep the same insured by a fire insurance company, its successors and assigns, and its under writers, agents and servants, to enter upon the mortgaged premises at all reasonable times to view and inspect the same. 4. That the mortgagee, its successors and assigns, may pay all tax-es, assessments, water rates or insurance premiums on the premises hereby mortgaged when due and of such sums shall be immediately and repaid until repaid and shall be added to the unpaid balance of the mortgage, and shall bear interest at the same rate of interest the same rate as said indebtedness and paid together with such interest as a further advance upon the mortgage, if not promptly cured by these premis-es. 5. That if the mortgagors be declared bankrupt or insolvent or make an assignment for the benefit of any creditor or be placed under control of or under any trust of insolvency, or if the mortgagee shall enter upon said property, then as to the occur- said events the mortgagee is hereby authorized and empowered at its option, without notice and without prejudice to any other remedy created by the priority of said lien or any right of the mortgagee hereunder to declare all sums secured hereby immediately due and payable. IN WITNESS WHEREOF, the said mortgagors have hereunto set their hands and seals this 26 day of September, A. D. one thousand nine hundred forty-six. Signed, sealed and delivered) HENRY S. BRIGHTMAN (SEAL) in presence of ) CHARLOTTE P. BRIGHTMAN (SEAL) Hiram Kendall as to both Fred Dranor as to both STATE OF RHODE ISLAND, } } sc. County of Washington, } In Westerly, on the 26 day of September, A. D. 1946, before me personally appeared the above named Henry S. Brightman and Charlotte P. Brightman, husband and wife, each and all to me known and known by me to be the parties e-cuting the foregoing instrument, and severally acknowledged said instrument, by them e-cuted, to be their free act and deed. HIRAM KENDALL (Notarial Seal) Notary Public. Received for record September 28th, A. D. 1946 at 10:05 o'clock, a. m., and recorded by [?] Town Clerk (FOR RELEASE OF ABOVE MORTGAGE, SEE BOOK 31, PAGE 314)

178 TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME: I, WILLIAM D. CROSS, Collector of Taxes, for the Town of Charlestown, County of Washington and State of Rhode Island, for the year 1945, SEND GREETING: WHEREAS the taxpayers of said Town of Charlestown, at their annual Financial Town Meeting duly notified and held on the 9th day of April, A. D. 1945, voted and authorized the assessment and collection of taxes upon all real, personal estate, and sales in said Town of Charlestown's property the owners of which are resident outside of said Town of Charlestown; AND WHEREAS, on the 15th day of June, A. D. 1945, the Board of Tax Assessors, of said Town, filed before date aforesaid, a list of the taxable real estate and tangible personal property, and the taxable income of persons resident outside of said Town, and the taxes accrued thereon, with the Town Treasurer, of said Town; AND WHEREAS, of all said OLIVE KOHLEMMAGEN, neglected to pay the ta-xes assigned him as recipient, the said ta-xes amounting to $1.51; and in consequence thereof I did on the 20th day of August, A. D. 1946, levy said warrant upon a certain tract of land belonging to said Olive Kohlemhagen, and thereafter I did proceed and did advertise the sale of said real estate by sale posting notices in four public places in said Town of Charlestown, viz: Wright's General Store, the Town Hall, the Post Office, the Town Clerk's Office, and the [?] Garage, also by publishing notices like this in the South County News, a newspaper published in this Town, for three successive weeks, to wit: on the 21st day of September, the 28th day of September and 19th 1946) and said notices being posted and published at least three weeks prior to said sale and the notice of sale being posted at the last known place of abode of said Olive Kohlemhagen, as evidenced by receipt of said notice in the Clerk's office in the Town Hall of Charlestown. On the 24th day of September, A. D. 1946 at 3 o'clock, p. m., Daylight Saving Time, at the Town Hall, in said Town, I proceeded to sell at public auction by Cleveland Carpenter, a duly qualified auctioneer, the premises aforesaid, and between William D. Cross, acting as agent for said Town, and all other bidders, the last named was the highest bidder. NOW, KNOW YOU, that in consideration of the sum of Seven Dollars Twenty-one cents, (7.21), to me paid by said William D. Cross, Agent aforesaid, the recipient whereby said property was sold, I do hereby grant, bargain, sell and convey unto said Lauri Mamdi and Mandi Mamdi, as Joint Tenants and not as Tenants in Common, their heirs and assigns forever, the said real estate belonging to said Olive Kohlemhagen, and that said real estate was sold at said premises at the time of assessing said ta-xes, with all the appurtenances thereto belonging, as more fully described in the deed of said Olive Kohlemhagen, and that said premises is described in the certain deed appearing of record in the Records of Land Evidence, said Town of Charlestown, Book No 29 of 312 Following is itemized list covering the amount of the aforementioned ta-xes and the expenses of said sale: Ta-xes $1.15 Levy Expenses 7.11 Sale Expenses 5.00 Draft & Recording Ta-x Deed .00 Total $13.26 TO HAVE AND TO HOLD the same to the said Lauri Mamdi and Mandi Mamdi, as Joint Tenants and not as Tenants in Common, their heirs and assigns, forever, (subject to the right of redemption as provided by law). And I, the said William D. Cross, Collector of Taxes, as aforesaid, do covenant with said Lauri Mamdi and Mandi Mamdi, their heirs and assigns, that I have advertised the said property as heretofore stated and have complied with the terms of the law regulating the collection of ta-xes. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 24th day of September, A. D. 1946. In the Presence of: Linton L. Brown WILLIAM D. CROSS (SEAL) Collector of Ta-xes, of Town of Charlestown for the year 1945. STATE OF RHODE ISLAND, ETC.) County of Washington In Charlestown, on the 24th day of September, A. D. 1946, before me personally appeared William D. Cross, Collector of Ta-xes, as aforesaid, to me known and known by me as to be the party e-xecuting the foregoing instrument, and he acknowledged said instrument, by his signature to be his own free act and deed individually, and in his official capacity as aforesaid. LINTON L. BROWN Notary Public. Received for Record September 24th, A. D. 1946 at 3:00 o'clock, p. m., and recorded by [?] Town Clerk