1/2/1947 · MORTGAGE · book 30 page 279 doc 1518@30/279

328 We, JOHN P. KELLY, married, and JOSEPH H. KELLY, married, both of the Town of Charlestown, in the County of Washington and State of Rhode Island, as joint tenants, for consideration paid, grant to SOCCONY-VACUUM OIL COMPANY, INCORPORATED, a New York corporation having an office and principal place of business at 26 Broadway, in the Borough of Manhattan, in the City, County and State of New York, with MORTGAGE COVENANTS, to secure the payment of Ten Thousand Dollars ($10,000.00) on demand, with interest at three per centum (3%) per annum from the date hereof, payable as provided in a certain negotiable promissory note of even date herewith, that certain tract or parcel of land, with the buildings and other improvements thereon situated, located at Kelly's Corners, so-called, near Kenyon, in the said Town of Charlestown, in the County of Washington and State of Rhode Island, bounded and described as follows: Beginning at the southeasterly corner of the premises herein described at point A on the line between the lands of Frederick W. Arnold in the northerly line of the State Road leading from the Village of Kenyon to Westerly (South County Trail) now designated as Route 1; Thence the line runs easterly along said State Highway leading from the Village of Kenyon to Westerly (South County Trail) one hundred forty-nine and 75/100 (149.75) feet to a point of tangency in a curve now marked by a Rhode Island highway bound in the southeasterly line of the State highway leading from the Village of Kenyon to Westerly (South County Trail); Thence westerly, northerly and northwesterly in the curving line having a radius of eighty-five and 1/100 (85.10) feet and an arc length of one hundred thirty-eight and 51/100 (138.51) feet to a point of tangency in the northeasterly junction of said State Road leading from the Village of Kenyon to Westerly (South County Trail) and the State Road leading from Kelly's Corners, so-called, to the Village of Shannon, one hundred eighty-eight and 35/100 (188.35) feet to a point of tangency in said curve and then continuing along the northeasterly line of said State Road leading from Kelly's Corners, so-called, to the Village of Shannon; Thence northerly by said State Road leading from Kelly's Corners, so-called, to the Village of Shannon, thirty-six and 75/100 (36.75) feet to a point and line ad novum ownd by, or to be conveyed to, Joseph H. Kelly et ux, delineated as Parcel No. 2 on the plat hereinafter mentioned; Thence easterly, forming an interior angle of 93° 40' with the line last mentioned, by said land owned by, or to be conveyed to, Joseph H. Kelly, et ux, delineated as Parcel No. 2 on the plat hereinafter mentioned, two hundred and 17/100 (200.17) feet to a point and line at said land now or formerly of Frederick W. Arnold; Thence southerly, forming an interior angle of 92° 25' with the line last mentioned, by said land now or formerly of Frederick W. Arnold, one hundred seven and 55/100 (107.55) feet to the point of beginning and forming an interior angle of 39° 55' with the line first above mentioned; Containing 19,360 square feet. The said premises are shown as Parcel One (1) on the plan or plat entitled "Plan Showing Sub-division of Land Belonging to John P. and Joseph H. Kelly, located near Kenyon, in the Town of Charlestown, Rhode Island May, 1946" signed by L. G. Honda, 1 inch equals 30 feet", which plat is on file in the Office of the Town Clerk of said Town of Charlestown. For Mortgagors' title reference is made to the deed from ANNE E. WARD to JOHN P. KELLY and JOSEPH H. KELLY as joint tenants with the right of survivorship, and not as tenants in common, dated January 17, 1947 and recorded January 20, 1947 in Charlestown Town Clerk's Office in Land Evidence of said Charlestown, Book 30, Page 30. The Mortgagors agree that all equipment and all tanks, pumps and other structures of every description upon the said premises, excepting such as may be loaned by the Mortgagee to the Mortgagors, and all furnaces, heaters, ranges, gas and electric light fixtures and all other fixtures of whatever kind and nature contained in said buildings or upon said premises are to be considered as annexed to and forming a part of the freehold; and that if any law or ordinance now or hereafter shall require the demolition of any portion or any building remaining on said premises after partial loss by fire before the same may be rebuilt, the Mortgagors will keep the holder insured against loss by reason of such demolition; that the Mortgagors will not permit or suffer any breach of any law or ordinance or restriction relating to any building on or in the use of said premises; that in case of a foreclosure sale the holder hereof shall be entitled to retain two per cent (2%) of the purchase money in addition to the costs, charges, and expenses up to the time of payment; and that the benefit of any entry by the holder hereof shall ensue to the purchaser; and in case this mortgage shall be foreclosed, the Mortgagors hereby irrevocably constitute the Mortgagee and its assigns the mortgagors' attorneys or to counsel or transfer

329 any policy or policies of insurance on any building on said premises, and in case of cancellation to apply the proceeds thereof to the indebtedness hereby secured; and the Mortgagors agree to make no claim for further compensation therefor. This mortgage is made upon the foregoing conditions and upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. We, ELIZABETH H. KELLY, wife of the said Mortgagor, JOHN P. KELLY, and FLORENCE M. KELLY, wife of the said Mortgagor, JOSEPH H. KELLY, release to the Mortgagee all our right of dower and all other interest in the aforesaid described premises. WITNESS our hands this 28th day of March, 1947. Witnesses: Henry S. George Henry S. George Henry S. George Henry S. George JOHN P. KELLY (SEAL) ELIZABETH H. KELLY (SEAL) JOSEPH H. KELLY (SEAL) FLORENCE M. KELLY (SEAL) STATE OF RHODE ISLAND ) ) ss. County of Washington ) In Charlestown on the 20th day of March, 1947, before me personally appeared JOHN P. KELLY, ELIZABETH H. KELLY, JOSEPH H. KELLY and FLORENCE M. KELLY, to me known and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument, by them executed, to be their free act and deed. NICHOLAS E. DILLON (Notarial Seal) Notary Public My Commission expires June 30, 1951. Received for record March 28th, A. D. 1947 at 5:00 o'clock, p. m., and recorded by R. I. 3/15/57 Town Clerk ---- DISCHARGE OF MORTGAGE SOCONY MOBIL OIL COMPANY, INC., a New York corporation of 150 East 42nd Street, New York, N. Y., formerly named Socony-Vacuum Oil Company, Incorporated, that name having been duly changed on April 29, 1955 to SOCONY MOBIL OIL COMPANY, INC., having received full payment and satisfaction of and certain mortgage from John P. Kelly and Joseph H. Kelly Charlestown, Rhode Island to it, the said SOCONY MOBIL OIL COMPANY, INC., under its then name of Socony Vacuum Oil Company, Incorporated, dated March 28, 1947, and recorded in Charlestown, in the County of Washington and State of Rhode Island, in Mortgage Book 30 at Page 278-329, hereby cancels and discharges the same, and covenants to and with the payer that said SOCONY MOBIL OIL COMPANY, INC., is the present owner of said mortgage. IN WITNESS WHEREOF the said SOCONY MOBIL OIL COMPANY, INC, has caused these presents to be signed in its name and behalf and its corporate seal to be hereunto affixed by G. E. Bowden, its authorized officer, this 1st day of July, in the year 19__. ATTEST: M. H. H. Asst. Secretary SOCONY MOBIL OIL COMPANY, INC. (Corporate Seal) By G. E. Bowden, Authorized Officer G. E. Bowden STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss. On this 1st day of July, 1997, before me personally appeared G. E. Bowden, to me known and known by me to be the person who executed the foregoing instrument and acknowledged it in his capacity of SOCONY MOBIL OIL COMPANY, INC and he acknowledged it signed in his capacity as authorized officer to be his free act and deed and the free act and deed of said SOCONY MOBIL OIL COMPANY, INC. Elizabeth Donroy (Notarial Seal) Notary Public, State of New York #41-5793000 Cert. filed in New York County Commission expires March 30, 1958 Qualified in Queens County