1/4/1947 · DEED · book 30 page 283 doc 1520@30/283

283 CHARLESTOWN ESTATES, INC., A Corporation duly incorporated under the Laws of the State of Rhode Island and having a place of business in the Town of Westerly, County of Wash- ington and State of Rhode Island, for Consideration paid, grant to RAY WINTHROP WINGATE and MARGARET M. WINGATE, husband and wife, both of Alfred, County of Allegany and State of New York, as Joint Tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. A certain tract or parcel of land located in the Town of Charlestown, County of Washing- ton and State of Rhode Island and shown as lot #55 on a certain plan or plat entitled, "Queen- ocontaug Highlands, property of Charlestown Estates, Inc., Scale 1 inch equals 50 feet, July 1940, Rosi & Lewis, Engrs." Said Lot #55 is situated on the westerly side of Sunset Avenue, is sixty (60) feet in width and extends two hundred fifty two (252) feet, more or less, in a westerly direction to Quonocontaug Pond. In consideration of the purchase price, it is understood and agreed that the following restrictions and reservations shall apply, and shall run with the land for a period of twenty years from January 1st, 1946. The above conveyed premises shall be used as a site for only one Residence and shall be of a class to a cost not less than One Thousand Dollars ($1000), Dollars, to be built not nearer the street than the building line shown on said plat, and no portion of any building erected on the lot shall approach the side line nearer than twelve feet. No detached garage or other building or buildings shall be erected thereon and all toilets must be sanitary flush toilets and all waste water must drain into a septic tank or cesspool. In addition to the above, the premises shall be permitted to have one guest house of not more than one story in height on the shore of said pond. In consideration of the purchase price, the grantees, their heirs, executors, administrators and assigns, licensees, guests and servants are granted a right of way to cross and recross at all times and for all purposes, in common with others, over and across Sunset Avenue to the shore of the pond and to cross and recross at all times and for all purposes in common with others over and across that certain tract of land on Sunset Avenue to Quonocon- taug Pond and known as #69 and designated as a right-of-way, to the pond and the sea granted to the grantees, their heirs, executors, administrators, licensees, guests and servants are granted a right to cross and recross and from the pond to the sea in common with others and across a tract of land 10 feet in width and bounded easterly by land of Ella Hope B. Downie and westerly by land of Sophie E. Downie as described in Deed to certain deed from Sophie M. Downie to the Recorder's Office, December 12, 1936, and Recorded in the Land Evidence Records in said Town of Charlestown in book 26 at page 21 and in consideration of the rights and privileges to cross and recross Sunset Avenue and the path leading to the public highway and to cross the right-of-way to the beach and ocean and to cross and recross the said path the grantees, their heirs, executors, administrators, assigns, licensees, guests and servants hereby hold the grantors, their heirs and assigns guilt harmless and blameless from any damage or liability of any kind nature or due to the use of said streets, roads; streets, roads; roads or rights of way as hereinbefore specified. IN WITNESS WHEREOF, the said Corporation has caused these presents to be duly signed by its President and Treasurer, hereunto duly authorized, and the corporate seal to be hereunto affixed at Westerly, Rhode Island, this 23rd day of December, 1946. CHARLESTOWN ESTATES, INC. (Corporate Seal) Howard E. Thorp President Nelson H. Thorp Treasurer (DOCUMENTARY STAMPS, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on this 23rd day of December, 1946, before me personally appeared Howard E. Thorp to me and known by me to be the President of said Corporation and Nelson H. Thorp, to me known and known by me to be the Treasurer of said Corporation and they acknowledged said instru- ment by them executed to be the free act and deed of said Corporation and as well individually. ROGERS E. TRAINER Notary Public Received for record January 4th, A. D. 1947 at 10:00 o'clock a. m., and recorded by [Signature] Town Clerk

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 successive weeks in some newspaper published in said County of Washington, with power to adjourn such sale from time to time; pro- vided that if such adjournment be for one week or more the publication of such notice shall be continued, together with notice of any adjournment or adjournments, at least once each week in the same newspaper; such sale 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 they does presently 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, in fee simple, in the premises of the sold properties; and to receive the purchase moneys and therefore to retain all sums hereby secured or required to be paid, whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interest due thereon on the same, together with all expenses incident to such sale or sales, and all counsel fees and other expenses incurred or in any way connected with the exercise of these powers or with any proceeding or action concerning the enforcement thereof, or of said notice, or of these presents, and all taxes, assessments, insurance premiums and expenses of repairs, either heretofore paid by the said Industrial Trust Company, its successors or assigns, or then remaining unpaid, render- ing and paying the surplus of said purchase moneys, if any there be, over and above the amount 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 or assigns, which sale or sales shall be forever 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, for or under them or any of them. And the said mortgagors, for themselves and for their heirs, executors, administrators, and assigns, hereby covenant with the said Industrial Trust Company, 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 requested. AND FURTHERMORE, the said mortgagors, for themselves and for their heirs, executors, ad- ministrators, 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 mortgagee, its successors and assigns, as follows: 1. To pay said promissory note and all sums of principal and interest due thereon in accordance with the terms thereof, and all taxes and assessments of every nature levied or to be levied prior to the payment in full of said promissory note, and all interest and taxes premiums on the mortgage up to the payment, its successors or assigns in respect to this mort- gage or mortgage indebtedness, and all insurance premiums or future advances required to be insurances maintained upon said premises, and all water rates and other expenses hereby secured as herein after set forth. 2. To keep and maintain against insurance loss in full by fire and other such hazards, casualties and contingencies, in such amounts, for such periods, in such form and in such company or companies as the mortgagee may from time to time approve, and to pay promptly when due all premiums on such insurance; from time to time specify, and to pay promptly when due all premiums on such insurance; to make all policies of insurance payable in case of loss to the mortgagee by the clauses satisfactory to it, and to assign such policies to the mortgagee, and to authorize the said Trust Company or other holder of the mortgage for this mortgage the timing here being made, constituting appointed attorney in fact for the mortgagors, and in their name, place and stead, to demand, adjudge, sue for, compromise and collect any and all losses which may occur under any such insurance policies, and to apply all sums so collected, and all other sums of payment of such losses, and to apply the same, after deducting any expenses incurred in connection with such losses, to the payment of the mortgage, whether then due or not, or, in reimbursement for any taxes, assessments, insurance premiums or other sums paid by the mortgagee, and to apply any balance remaining, whether then due or not, upon the improvements. In the event of foreclosure under this mortgage or other transfer of the title to the mortgagors or their heirs, executors, administrators, and assigns, all right, title and interest of the mortgagors in and to any insurance policies or policies of insurance, transfer of the mortgage saver riders and all pass to the mortgagee, and the mortgagee may surrender said policies and collect any insurance money or policies of insurance, transfer of the right, title and interest in said policies and the proceeds thereof to the mortgagee, and the mortgagee may apply that any sums received on said policies by way of refunds, dividends, or otherwise, shall be applied on account of the principal and interest of this mortgage, and any balance a surplus on foreclosure. If the mortgagors fail to provide such insurance or to pay the premiums thereon, the mortgagee may cause a part of the premises hereby secured hereby, and shall bear interest at the rate provided upon the principal indebt- edness secured hereby, and shall bear interest at the rate provided upon the principal indebtedness until payment thereof.