12/23/1950 · MORTGAGE · book 32 page 378 doc 2778@32/378

378 ACKNOWLEDGMENT STATE OF TEXAS } COUNTY OF EL PASO } I , ELLEN L. MORGAN do hereby certify that I am a duly commissioned qualified, and authorized public in and for the State of Texas County of El Paso; and that FRANK L. MORGAN, Jr. grantor in exercising Power of Attorney, dated 6 November 1950, and hereto annexed, who is personally well known by me as the person who executed the foregoing Power of Attorney, appeared before me this day and acknowledged that he had signed and sealed the foregoing rail instrument as his free and voluntary act and deed for the uses, purposes and consideration therein expressed and as set forth therein. IN WITNESS WHEREOF: I have hereunto set my hand and affixed my official seal this 6th day of November, nineteen hundred and fifty. My Commission Expires June 1953 ELLEN L. MORGAN (Notarial Seal) Notary Public. Received for record December 20th, A. D. 1950 at 2:30 o'clock, p. m., and recorded by Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, EARL BRUNSKILL and HELEN T. BRUNSKILL, husband and wife, of the Town of Charlestown, Rhode Island, (hereinafter called the mortgagors) in consideration of TWENTY-SIX HUNDRED ($2600.00) Dollars, to us paid by INDUSTRIAL TRUST COMPANY That certain tract of parcel of land, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: BEGINNING at a point on the easterly side of the State Highway, commonly known as "South County Trail"; said point being a stone wall which marks the northeasterly boundary of Lot No. 4; thence running southwesterly along said stone wall in a southeasterly direction along said State Highway a distance of 350 feet, thence in an easterly direction, maintaining a distance of 350 feet parallel and to distant from said stone wall a height 1/2" wide pipe marker; thence running eastwards to a stone wall a height 1/2" wide pipe marker at 92° 15' and running in a northerly direction a distance of 600 feet to a marker as follows: then running northwards in a straight line to another stone marker located in a northerly direction along said rail fence a distance of 400 feet, to another stone marker located northwesterly in a straight line to another stone marker located on the northeasterly boundary of Pasquitte Pond, a distance of 120 feet to a stone marker located in the line of Pasquitte Pond, a distance of 120 feet to a stone marker located in the line of a wire fence of 300 feet in a southerly direction to a stone marker located in the line running in the same line of the direction to the said State Highway and place of beginning or however otherwise the same may be bounded or described. Into conveyance is made in a deed of conveyance dated February 24, 1937, made and executed from B. Baker and Marguerite S. Baker to Rama Rose dated February 1937 and recorded in the Records of Land Evidence, said Town of Charlestown Book No. 26 at page 610. Being the same premises conveyed to these mortgagors from Lewis S. Dunmore by deed dated April 14th 1946 and recorded in the Land Evidence Records of Town of Charlestown in Book No. 28 at page 111. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, under 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 they 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, hold, and enjoy the said premises; and that the said mortgagors will, and their heirs, executors, u

380 2. To keep and maintain insurance against loss by fire and by other hazards, casualties and contingencies, in such amounts, in such form, in such period and in such company or companies, and with such insurer or other the holder of this mortgage may at any time and from time to time specify, and to pay promptly all premiums upon the said insurance and to make the policies of insurance payable in case of loss to the mortgagees by clauses satisfactory to and to the satisfaction of the holder of this mortgage, and if any such policy of the holder of this mortgage for the time being is hereby made, constituted and appointed the true and lawful attorney irrevocable for the mortgagees to demand, adjust, settle and compromise any claim for loss and to receive any sums which may accrue under any such insurance and to give releases for any and all sums received in settlement, or in adjustment of any such loss, and to execute any documents necessary in connection therewith, subject to the indebtedness hereby secured, whether or not then due, or if any such insurance is made payable to the mortgagees and any sums paid by the mortgagees, to the cost of repairing or replacing the damaged buildings or improvements on the mortgaged property under said insurance or other transfer of the title to the mortgaged premises in satisfaction of the indebtedness, or any part thereof, the mortgagees shall have the right to surrender said policies and collect any sums due thereon, or may, at its option, transfer said policies to any purchaser of the mortgaged property; that provided any sums received on said policies be in excess of the loss sustained therefore, shall be applied to account of the indebtedness hereby secured and any surplus paid over as a surplus on foreclosure. If the mortgaged parties fail to provide such insurance or to pay the premiums thereon, the mortgagees may provide such insurance or on the premises thereon, and all payments shall become a part of the indebtedness hereby secured, and shall bear interest at the same rate as the principal indebtedness until payment thereof. 3. To keep and maintain the exterior and the interior of the building and improvements and the premises described in this mortgage at all times until full payment and discharge hereof, in as good condition and repair as the same now are or may hereafter be, and in a manner satisfactory to the mortgagees. A leasehold tenure, the consent in writing of the mortgagees having first been obtained, and to permit said Industrial Trust Company, its successors and assigns, and its officers, agents and servants, to enter upon the mortgaged premises at all reasonable times to and convenient hours to view the same. 4. That the mortgagees, its successors and assigns, may pay all taxes, assessments, water rates or insurance premiums not paid by the mortgaged parties when due, and all of such sums shall be immediately added to the principal sum now or hereafter added to the principal of the indebtedness hereby secured and shall bear interest at the same rate as said indebtedness until paid and shall be a further lien upon the premises as provided by these presents. 5. That if the mortgagees be declared bankrupt or insolvent or make an assignment for the benefit of any creditor or be placed under control of or in custody of any court, 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 mortgagees, their heirs, executors, administrators, or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagees, their heirs, executors, administrators, and assigns, and all persons claiming said premises so sold by, from or under them or any of them. And the said mortgage, for themselves and for their heirs, executors, administrators, and assigns, hereby covenant with the said Industrial Trust Company, 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 tenor thereof, all taxes and assessments of every nature levied upon said premises or improvements thereon and discharge of said note upon said premises or upon the mortgagees, its successors or assigns, in respect to this mortgage, and to pay all sums due and payable on present coupons, all taxes and premiums for insurance maintained upon said premises, and all water rates and other expenses hereby secured as herein provided.

380 2. To keep and maintain insurance against loss by fire and by other hazards, casualties and contingencies, in such amounts, in such form, in such period and in such company or companies as may be required from time to time by the holder of the mortgage may at any time and from time to time specify, and to pay promptly all premiums for the policies so required and to make the policies so payable in case of loss to the mortgagees by the clauses satisfactory to it and to deliver the policies to the holder of the mortgage and to permit the holder of the mortgage for the time being the beneficiary herein made, constituted and appointed the true and lawful irrevocable attorney for the mortgagees to demand, adjust, settle and compromise any and all claims for any and all losses which may occur under any such insurance and to give releases for any and all sums received in settlement thereof, or if any controversy arises as to the amount of loss or any other matter in connection therewith, subject to the indebtedness hereby secured, whether or not then due, or if any insurance company refuses to pay the loss, to bring in any court of competent jurisdiction, suit or suits to collect the same, and to receive any sums paid by the mortgagee, or to the cost of repairing or replacing the damaged building or improvements as may be required by the holder of the mortgage under this mortgage or other transfer of the title to the mortgaged premises in satisfaction of the indebtedness, or any part thereof, and to endorse any and all checks or drafts or any surrender said policies and collect any sums due thereon, or, at may option, at its discretion, sign any release, quitclaim or other instrument of discharge, and to deliver same to any purchaser of the mortgaged property; provided that any sums received on said policies by the mortgagees shall be applied first to the cost of adjusting the account of the indebtedness hereby secured and any surplus paid over as a surplus on foreclosure. If the mortgagor fail to provide such insurance or to pay the premiums thereon, the mortgagee may procure such insurance or pay the premiums thereon, and all premiums so paid shall become a part of the indebtedness hereby secured and shall bear interest at the same rate as the principal indebtedness until payment thereof. 3. To keep and maintain the exterior and interior of the building and improvements and the premises described in this mortgage at all times until full payment and discharge hereof, in as good condition as now are and may be hereafter by paid, and to repair and keep as the same now are and may be hereafter by paid, and to permit the holder of the mortgage and its successors, heirs, assigns, and consents in writing of the mortgagee has not been obtained first, and to permit said holder, the company for which it acts as agent, the mortgagee and its officers, agents and servants, to enter upon the mortgaged premises at all reasonable times to view and inspect the same. 4. That the mortgagees, its successors and assigns, may pay all taxes, assessments, water rates or insurance premiums due not paid by the mortgagors when due, and all of such sums shall be immediately added to the principal sum paid in the notes securing the payment of the indebtedness hereby secured and shall bear interest at the same rate as said indebtedness until paid and the unpaid balance of such interest shall be a first lien upon the premises and secured by this mortgage. 5. 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 be under custody of any court, of any nature, if the mortgagors shall fail to perform any covenant in any said mortgage, the mortgagee is hereby authorized and empowered at its option, without notice and without affecting the above limitation, to declare the entire unpaid balance of all sums due under this mortgage 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 20th day of December, A. D. one thousand nine hundred fifty. Signed, sealed and delivered in presence of } Herbert E. Cooke } EARL BRUNSKILL } HELEN T. BRUNSKILL STATE OF RHODE ISLAND, } } ss. County of Washington } In Westerly, on the 20th day of December, A. D. 1950, before me personally appeared the above named Earl Brunskill and Helen T. Brunskill, husband and wife, each and all to me known and known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by them executed, to be their free act and deed. HERBERT E. COOKE Notary Public. Received for record December 23rd, A. D. 1950 at 9:00 o'clock, a. m., and recorded by [Seal] Town Clerk INDUSTRIAL NATIONAL BANK OF PROVIDENCE, having received full payment and satisfaction of the within mortgage, does hereby cancel and discharge the same. IN TESTIMONY WHEREOF the Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by its Manager and Assistant Manager duly authorized, this Sixteenth day of July A. D. 1954. Signed and sealed in presence of Doris B. Davis INDUSTRIAL NATIONAL BANK OF PROVIDENCE By Hiram Randall, Manager (Corporate Seal) Thomas Sutcliffe, Asst. Manager Received for record July 17th, A. D. 1954 at 9:00 o'clock, a. m., and recorded by [Seal] Town Clerk