2/21/1949 · MORTGAGE · book 31 page 453 doc 2194@31/453

453 Know all Men by these Presents: That I, CHARLES S. BRIGHTMAN, of the Town of Charlestown, County of Washington and State of Rhode Island, ss. (hereinafter called the mortgagor ) in consideration of --- Five Thousand ($5,000.00) Dollars, to me paid by INDUSTRIAL TRUST COMPANY, a corporation created by the General Assembly of the State of Rhode Island, and located in 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 land property:) That certain tract or parcel of land, together with the buildings and improvements thereon, situated on the north side of 010 Post Road, in said Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows:--- beginning at a stone wall at the southeast corner of the premises herein conveyed and the southeast corner of a stone wall which separates said premises from those of a distance of 280 feet, more or less, by and with said stone wall and the continuation thereof bounded westerly by a stone wall which separates said premises from those of another at land of said Henry S. Brightman et ux; thence running easterly a distance of 110 feet, more or less, by and with a stone wall which separates said premises from those of Henry S. Brightman et ux, to land formerly of Henry S. Brightman, rare of one Hamilton; thence running in a southeasterly direction a distance of 160 feet, more or less, bounded easterly by said land formerly of Lore S. Barber, to the said 010 Post Road; thence running in a westerly direction a distance of 160 feet, more or less, bounded southerly by said 010 Post Road; thence running in a northerly direction, continuing, or however otherwise the same may be bounded or described. Being the same premises which were previously conveyed to the mortgagor by deed of Charles S. Brightman, 2nd and Margaret Brightman, dated April 17th, 1948 and recorded in Book 30, page 699 of 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 said Industrial Trust Company, its successors and assigns forever. And in mortgage of the premises hereby for himself and for his heirs, executors, administrators, [?] and assigns, covenant with said Industrial Trust Company, its successors and assigns, that he is lawfully seized in fee simple of the said granting premises and has the right to sell and convey the same in manner as aforesaid; that said Industrial Trust Company, its successors and assigns, shall by these presents at all times hereafter enjoy and have the said premises; that said mortgagor, with and for his heirs, executors, administrators, [?] and assigns, will 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, I, Charles S. Brightman hereby covenant that I am unmarried (grantor's signature) PROVIDED, nevertheless, that if the mortgagor, or his heirs, executors, administrators, [?] or assigns, shall pay you said Industrial Trust Company, its successors or assigns, the principal, and interest of a certain promissory note, insurance premiums and other all due sums, and hereby secure the banal number thereof, in accordance with the terms and conditions thereof, and shall also pay all taxes, assessments, insurance, and other charges, and perform all other covenants and conditions as provided herein or in the note above mentioned, then this deed shall be void and without effect, and the mortgagor, his heirs, executors, administrators, [?] and assigns shall reconvey the same BUT IF DEFAULT shall be made in the payment of said sums or of any interest or tax of the assets, assessments, insurance premiums or any other sum of money the payment of which is reserved or by which said note is secured, or of any part thereof, at the time or times when due, or if any of the defaults shall be made in the performance of any of the covenants or mortgages, then you said Industrial Trust Company, its successors or assigns, to sell, to negotiate or put up for sale, the premises hereby granted or intended to be granted or to sell or negotiate the promissory note, and in such sale, to negotiate or sell to the heirs, executors, administrators, [?] and assigns thereof, at public sale, and to bind the purchaser at any such sale by a binding in a sum equal to the purchase price, and to execute a deed of sale by a binding in a sum equal to the purchase price, in said Town of Charlestown or in any other place in said State, with power to adjourn such sale from time to time; provided that if default should be cured for one or more the publication of such notice shall be continued, together with notice of any adjournment or adjournments, at least once each week, till the mortgage debt and all interest shall be paid, and the premises or vouchers as specified in such notice, and in its or in their own name or names, or as the attorney or attorney of the said mortgagor. ARTHUR C. ARNOLD, INC., WESTERLY

(for that purpose by these presents duly authorized and appointed with full power of substitution and revocation) to make, execute and deliver to the purchasers or purchasers at sale at such sales or sale a good and sufficient deed or deeds, in fee simple, of the premises sold; and to receive at such sales the purchase money and to apply the same as hereinbefore provided, and to sell without warranty if the title shall be defective, as thereafter, or the part thereof then remaining unpaid, and also the interest due on the same, together with all expenses incident to such sale or sales and the costs of foreclosure thereof and the costs of the attorney in the exercise of these powers or any of the presents, in any proceeding or action necessary for enforcing the foreclosure thereof, or of said note, or of these presents, and all other costs and expenses, including attorneys fees, and other expenses paid thereafter by the said Industrial Trust Co. in connection with its successors, or assignees, in running its proceeding, and returning and paying the surplus of such sales, if any, to the grantor, or to the successors to be entitled as aforesaid to be entitled as through with a true and particular account of such sale or sales, expenses, and charges, to the said mortgagor here [?] heirs, executors, administrators, and assigns; Or, in case of foreclosure of the mortgage, the said mortgagor, his heirs, executors, administrators, and assigns, and the said mortgagor, his heirs, executors, administrators, and assigns, claiming said premises to be sold, by fraud, or some un- lawful means, may bring an action in equity to set aside such sale, and represent her beliefs as to the merit and equity applied to the said sale and the said mortgagor, his heirs, executors, administrators, and assigns, with the said Industrial Trust Co. and its successors, or assignees, that they will upon the request of the said mortgagor or his heirs, executors, administrators, and assigns, that they will request execute such deed or deeds of conveyance of said office or sales such sales or may be necessary or convenient. And the said mortgagor, his heirs, executors, administrators, and assigns, and assigns, for the consideration aforementioned and to further insure the security of this mortgage, do hereby covenant, and agree: 1. To pay promissory note and all sums of my principal and interest due thereon in accordance with the tenor thereof, all taxes and assessments, water rates and other expenses hereby secured as a first lien upon the full payment and discharge of said note upon presents or the mortgage, and to pay the same as they shall become due and payable, and to tender under my present or successors, or assignees, in connection for insurance maintained upon said premises, and all water rates and other expenses hereby secured as a boron priority. 2. To keep the premises hereby mortgaged in good repair and condition and to insure the same against loss by fire and destruction, in amounts, such periods, in such form and in such company or companies as the mortgagee or the mortgage or the holder of the mortgage may at any time from time to time require, and to pay the premiums on such insurance, and to deliver the policy or policies of insurance payable in full or in part to the mortgagee by the clauses expressly attained to it and to deliver the policies the mortgage and to deliver the policies to the mortgagor and the said Industrial Trust Company or other trustee or the holder of the mortgage and to deliver the policies to the mortgagor and the said Industrial Trust Company or other trustee or the holder of the mortgage and to deliver the policies to the mortgagor and the said Industrial Trust Company or other trustee or the holder of the mortgage and to deliver the policies to the mortgagor and the said Industrial Trust Company or other trustee or the mortgagee, to endorse, adjust, sue for, compromise and collect any and all losses which may occur under any such insurance and to give release thereof to the insurance company or companies, and to deliver the policies to the mortgagee and to deliver the policies to the mortgagee and to therewith, upon the indemnities hereby secure whether or not due then, or on the reimbursement in return of any assessments, taxes insurance premiums or other charges paid by the mortgagee, and to deliver the policies to the mortgagee and to deliver the policies to the mortgagee and to foreclosure upon this mortgage or other transfer of title to the mortgagee the premises on the satisfaction of indemnities, or as a return of dividends thereon, paid while the mortgage, and the mortgagee may surrender said policies and collect and receive any sums due thereon or any sums recovered on said policies and apply the same to the payment of the mortgage and the proceeds thereof to any purchase of the mortgaged property provided that the mortgagee may surrender said policies and collect and receive any sums due thereon or any sums recovered on said policies upon a fair foreclosure of the mortgage. If the mortgagor fail to provide such insurance or to pay the premium thereon, the mortgagee may at its option provide such insurance and pay the premium thereon, and the said premium shall be a part of the principal secured hereby, and shall bear interest at the rate provided upon the principal indebtedness until payment thereof. 3. To pay all taxes and assessments, water rates and other expenses now due, or which may become due on the premises described in this mortgage at all times until full payment and discharge thereof in good and sufficient receipts and to pay the same on or before as may be necessary but to, and paid to the proper authorities, and in case of failure to pay the same, the mortgagee may pay the same, and the sums so paid shall be a first mortgage on all reasonable times to view and inspect the same. 4. To pay all interest due on the principal indebtedness, and may pay all taxes, assessments, water rates or insurance premiums paid by the mortgagor when due, and all of such sums shall be reasonably interest, and upon said rebate shall be added to the unpaid principal of the indebtedness and shall bear interest at the same rate as said indebtedness until paid and together with any such interest shall be a further lien upon the premises and by secured and these presents. 5. To permit no other mortgage or lien upon the premises without the written agreement for the benefit of any creditor or be placed under the control of or in custody of any court, or if the mortgage be adjudicated insane. Said surety of the mortgage in any of said rate mortgage, mortgagee may, at its option, without notice or without affecting the lien hereby created or the priority of the said lien or any of the right of the mortgagee hereby created, declare the whole sum hereby secured to be hereby due and paid and seal and nail this 21 day of February, 1949. In WITNESS WHEREOF, the said mortgagor has hereunto set his hand and seal this 21 day of February, 1949. Signed, sealed and delivered in presence of Thomas [?] Harold B Solowetz- zik CHARLES S. BRIGHTMAN State of Rhode Island, County of Washington, In Westerly, on the 21 day of February, A. D. 19 49, before me personally appeared the above named Charles S. Brightman to me known and by me to be the party executing the foregoing instrument, and acknowledged said instrument, by him executed, to be his free act and deed. HERBERT E. COOKE Notary Public Recorded February 21, 1949 at 1:05 o'clock, p. m. Witness: Town Clerk. Industrial Trust Company, having received full payment and satisfaction of the within mortgage, does hereby cancel and discharge the same. In TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by assistant Managers duly authorized, this 28th day of November A. D. 19 50 Signed and sealed in presence of Rose P. Lobardi INDUSTRIAL TRUST COMPANY By Thomas Sutcliffe Asst. Manager Fred Rayner Asst. Manager Discharge recorded November 29th 1950 at 9:55 o'clock, a. m., Witness: Town Clerk.