8/20/1938 · MORTGAGE · book 27 page 389 doc 173@27/389

389 STATE OF RHODE ISLAND ) County of Providence } In Providence on the 17th day of August, A. D. 1938 before me personally appeared the above named grantor Hattie E. Browning and Ross E. Browning, her husband, 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. W. LOUIS FROST Notary Public. Received for record August 20th, A. D. 1938 at 3:05 o'clock, p. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that We, Fred E. Per Lee and Grace D. Per Lee, both of the Town and County of Arlington in the State of Virginia, hereinafter called the mortgagors, in consideration of Fifteen Hundred (1500) Dollars to us paid by Hattie E. Browning of the City and County of Providence in the State of Rhode Island, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, and convey unto said mortgagee, and her heirs and assigns forever, That certain tract of land with all the improvements thereon situated at Charlestown Beach in the Town of Charlestown in the County of Washington and State of Rhode Island, bounded and described as follows, namely: Beginning at the sea, thence northerly in a straight line through the center of a stone bound about five feet westerly from the plane of the cottage upon the within granted premises which is commonly called the East Cottage, said line being approximately parallel with the westerly side of said cottage, to another stone bound set in the ground about twenty feet westerly from the westerly line of land now or formerly of S. D. Baker land and approximately ninety-five (95) feet northerly from said first mentioned stone bound; thence northerly in a straight line to a third stone set in the ground in the southerly line of the ground about twelve feet westerly from the stone bound in said highway line marking the westerly line of said Baker land; thence easterly twelve (12) feet in said southerly line of said highway to said Baker land; thence northerly in the westerly line of said Baker land to the sea and by the sea to the point of beginning. Said granted premises are bounded westerly by other land of said mortgagors, northerly by the highway, easterly by said Baker land and southerly by the sea. Being the same premises conveyed to these mortgagors by this mortgagee by deed of even date herewith. TO HAVE AND TO HOLD, the aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging unto and to the use of the said mortgagee, and her heirs and assigns, forever. And we the said mortgagors, do hereby, for ourselves and for our heirs, executors, and administrators, covenant with the said mortgagee and her heirs and assigns that we are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances; that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and her heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and

that we the said mortgagor will, and our heirs, executors and administrators shall, warrant and defend the same to the said mortgagees and his heirs and assigns forever against all law- ful claims and demands of all persons. PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition, that if the said mortgagors their executors, executors, administrators or assigns, shall pay unto the said mortgagee or his heirs, executors, administrators or assigns, the sum of fifteen hundred (1500) dollars, wherefore the said mortgagors have made their joint and several negotiable promissory note for said aggregate sum, bearing oven date with these presents, and made pay- able to the order of said Hattie E. Browning, one year from the date hereof, with interest thereon at the rate of five (5) per centum per annum, payable semi-annually, until said principal sum is paid, whether at or after maturity, and all installments of interest in arrear, whether before or after maturity, to bear interest at the rate aforesaid until paid and shall pay all taxes and assessments of every kind levied or assessed upon or in re- spect of said premises, then this deed, as also said promissory note, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT be made in the payment of the said principal sum or of said interest, at the same time or times and in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or of any or 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 the said mortgagee, her executors, administrators, or assigns, to sell, together or in parcels, all or singular, the premises hereby granted or intended to be granted, or any part or parts thereof, and the benefit and equity of redemption of the said mortgagors and their heirs, executors, administrators and assigns, therefore, at public auction upon the prem- ises and to bid for and become the purchaser or purchasers at any such sale (and no other pu- chaser or purchasers shall be allowable 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, provided that the publishing of said notice shall be con- tinued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper; and in her or their own names or name, or as the attorney or attorneys of the said mortgagors (for that purpose by these presents only authorized and appointed with full power of substitution and revocation), to make, execute and deliver to the purchaser or pu- chasers at such sale a good and sufficient deed or deeds of said premises in fee simple and to receive from the proceeds of such sale or sales, and from such proceeds to retain all sums here secured, whether then due or to fall due 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, or for making deeds hereunder, for and fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said powers, and all taxes, assessments and premiums for insurances, if any, either therefore paid by the said mortgagees, her executors, adminis- trators or assigns, or then remaining unpaid upon said granted premises rendering and paying the surplus of said proceeds of sale 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, ex- penses and charges, to the said mortgagors, their heirs, executors, administrators or assigns, which sale or sales as made or sales affirmed shall be perpetual a bar both in law and equity against the said mortgagors and their heirs, executors, administrators and assigns, and all persons claiming said premises sold, so made, by, from, or under his or her name, them, or any of them. AND we the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and her heirs, executors, administrators and assigns, that we shall and they will upon request execute such deeds confirming of said sale or sales, as may be required, AND FURTHERMORE, we the said mortgagors, for our- selves and for our heirs, executors, administrators and assigns, hereby covenant with the

391. said mortgages, and their executors, administrators and assigns, that we shall and they will upon request execute such deed or deeds confirmatory of said sale or sales as may be required. AND FURTHERMORE, we the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgagees, and her executors, ad- ministrators and assigns, that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid, in such office or offices as the said mortgagees, and her executors, administrators or assigns, shall approve, in a sum not less than fifteen hundred (1500) dollars, and that the policy or policies of such insurance shall be assigned and trans- ferred, or made payable in case of loss, to the said mortgagees, or her executors, administrators or assigns as collateral security hereto, and in default thereof, hereby agree that the said mortgagees, or her executors, administrators or assigns, may effect such insurance in the name of the said mortgagors, or their heirs, and assigns, payable in case of loss to the said mortgagees, and her executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises, secured by these Presents. IN WITNESS WHEREOF we have hereunto set our hands and seals this 17th day of August in the year of our Lord one thousand nine hundred and thirty-eight Executed in presence of) FRED E. PER LEE (SEAL) S. LOUIS PROUT ) GRACE D. PER LEE (SEAL) STATE OF RHODE ISLAND, &c.) County of Providence ) In Providence on the 17th day of August, A. D. 1938 before me personally appeared Fred E. Per Lee and Grace D. Per Lee, his wife, 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. W. LOUIS PROUT Notary Public. Received for record August 20th, A. D. 1938 at 3:10 o'clock, p. m., and recorded by [Signature] Town Clerk (For transfer of above mortgage, see Page 392)