5/1/1952 · MORTGAGE · book 33 page 56 doc 3124@33/56

553 KNOW ALL MEN BY THESE PRESENTS: That Quonocutcong Central Beach Fire District, a quasi-municipal corporation duly created by the General Assembly of the State of Rhode Island and located in the Town of Charlestown, County of Washington, in said State (hereinafter called the mortgagor) in consideration of Three Thousand ($3,000) Dollars, to be paid by INDUSTRIAL TRUST COMPANY, a corporation created by the General Assembly of the State of Rhode Island and, located and transacting business in the City and County of Providence, in said State, the receipt whereof is acknowledged, does hereby grant, bargain, sell and convey unto said Industrial Trust Company, its successors and assigns, forever: A certain tract or parcel of land with buildings and improvements thereon located at Quonocutcong Beach, in said Town of Charlestown, as is shown on a plan or plat entitled "Plat of Quonocutcong Central Beach Fire District", Rhode Island, Book 24, page 56, in the land-evidence records of the town, Rhode Island, Book 24, page 56, recorded Sept. 10, 1929," said plat being filed on file with the Land Evidence records of said Town of Charlestown, and bounded as described as follows: beginning at a stone bound at the northwesterly corner of Lot No. 77 as shown on said plat; thence running westerly 140 feet to the northwesterly corner of Lot No. 76; thence running northeasterly Sixty (60) feet, more or less, to the boundary of Lot No. 75; thence running easterly 140 feet to the northwesterly corner of Lot No. 75; thence running southeasterly 60 feet and 30 1/2 W. Three Hundred Fifteen (315) feet, more or less, to a stone bound marking the southwesterly boundary Five Hundred (500) feet from the high water mark of the ocean; thence running southerly to a stone bound marking the southwesterly corner of the premises hereby conveyed, said southerly boundary being the northerly boundary of Lot No. 77, running southerly from the northwesterly boundary on its westernmost part 140 feet to a stone bound marking the southwesterly corner of the boundary wall of property of E. H. Thorpe; thence turning an interior angle of 91° and running southeasterly 60 feet to a circle indicated in the plan; thence following the curve of the road known as East Street and East Street and following said curve 140 feet to the extended East Street and East Street and following said extended East Street and East Street, easterly, northerly and westerly partly by land of E. H. Thorpe and partly westerly by East Street, all the way to the point of beginning; Two certain tracts or parcels of real estate, located on the northerly side of Ocean View Avenue, so-called, in the Town of Charlestown, County of Washington in State of Rhode Island, more fully described as follows: First Parcel: Commencing at a point on the northerly side of Ocean View Avenue, said point being on the southerly boundary line of lot #122 as shown and delineated on that certain plan or plat entitled "Quonocutcong Beach Fire District", located on Quonocutcong Beach, in the Town of Charlestown, Rhode Island, Book 24, page 56, recorded Feb. 18, 1927, said plat being filed with the land evidence records of said town; thence running easterly 40 feet being from the westerly reference line of the plat; thence running northerly 100 feet to the easternmost side of a pump house built on the parcel herein conveyed; thence running easterly 10 feet to the easterly boundary line of the plat which extends 5 feet easterly avenue, thence extending northerly 100 feet to the northerly boundary line of the plat; thence running westerly 140 feet from the easterly side of a pump house built on the parcel herein conveyed; thence running northeasterly corner of the parcel herein conveyed; thence running southeasterly 115 feet to the northerly line of Ocean View Avenue; thence turning and running southeasterly 20 feet to the point and place of beginning. Second Parcel: Commencing at a dry stone wall in a stone which is 60 feet south of the property wall which is 100 feet on the premises herein conveyed, said wall being 215 feet northerly from the center line of Ocean View Avenue; said wall being Quonocutcong Beach, Rhode Island, Book 24, page 56, recorded Feb. 18, 1927, said drill-hole being 215 feet northerly from the center line of Ocean View Avenue, as extended in the near corner of lot #137 as shown on that certain plat or plan of E. H. Davis, property of E. H. Davis, recorded in the land evidence records of said town, Book 24, page 56, recorded Feb. 18, 1927, said plan being filed with the land evidence records of said town; thence running easterly 140 feet to the easterly boundary line of the plat, as extended in the near East Quonocutcong Beach, 220 feet to the southwesterly boundary of the premises herein conveyed; thence running southeasterly 60 feet to a stone bound marking the southwesterly corner of the parcel herein conveyed; thence turning a right angle and extending southeasterly 140 feet to the southwesterly corner of the premises herein conveyed; thence turning a right angle and extending southeasterly 300 feet to the southwesterly corner of the premises herein conveyed; thence turning a right angle and extending easterly 75 feet to the point and place of beginning. EASEMENT The right and easement to construct, maintain, operate and repair water pipes over and across a strip of land extending southeasterly from the boundary line between land of Charlestown Estates, Inc. and the other line of the Quonocutcong Central Beach Fire District, located at Quonocutcong Beach in the Town of Charlestown, Rhode Island. Together with the right and easement from time to time to enter upon these premises for the purpose of repairing, replacing, relocating or otherwise changing said pipe and line or any part thereof and to store materials over and along said premises for all of the above purposes. The above easement is subject to restrictions and conditions as set forth in instrument from Robert E. Thorpe to the mortgagor, granting such easement, which instrument is dated July 31, 1946, reference thereto being made for a more complete description of such conditions and restrictions. EASEMENT The right and easement to construct, maintain, operate and repair water pipes over and across the following described land of Charlestown Estates, Inc., located at Quonocutcong Beach in the Town of Charlestown, Rhode Island. Parcel A: An easement or right over a strip of land extending from Parcel 1 to Parcel 2

854 of land this page conveyed by Charlestown Estates, Inc. to the Quonochontaug Central Beach Fire District. Said easement being ten feet in width and ex- tending 5 feet either side of the water pipe running between the pump-house on Parcel 1 and the well which is located in Parcel 2. Parcel 3. An easement or right of way over that parcel of land which extends south from the southerly side of Ocean View Avenue, said easement being 10 feet in width extending 5 feet either side of the center line of the water pipe, diver- ging a brief distance across a roadstead, a distance of approximately 100 feet, approximately 950 feet to said land of Edward H. Storey, as shown on Plan B of said Estates, City of Providence, State of Rhode Island, bordering Quonochontaug Beach, property of S. N. Davis, Leon L. Holland, C. E. 100 feet to the Inch, February, 1927, said plat being duly recorded in the Land Evidence Records of Charlestown. Also the right and easement from time to time to enter upon these premises for the purpose of repairing, replacing, adding to or otherwise changing said pipe line or part thereof and to maintain and keep along said premises for all of the above purposes. The above easement is subject to restrictions and conditions as set forth in some instrument from Charlestown Estates, Inc., to the grantor, granting such ease- ment, which instrument is recorded in the land evidence records having made for a more complete description of such conditions and restrictions. This mortgage is made subject to two prior mortgages to Industrial Trust Company, the first dated November 25, 1946 and recorded in the Records of Deeds of said Town of Charlestown in Land Evidence book 279 page 56, and the second dated November 19, 1948 and recorded in said Records in Book no. 31 on pages 397 to 401. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances including the above-described easements, unto and to the use of said Industrial Trust Company, its successors and assigns forever. And the said mortgagor does hereby, for itself and for its successors and assigns, covenant with said Industrial Trust Company, its successors and assigns, that it is lawfully seised in fee simple of the said granted premises; that the same are free from all encum- brances except as aforesaid; that it has good right, full power and lawful authority 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 peaceably have and enjoy the said premises; and that the said mortgagor will, and its successors and assigns shall, warrant and defend the same to said Industrial Trust Company, its successors and assigns, forever, against the lawful claims and demands of all persons PROVIDED, NEVERTHELESS, that if the said mortgagor, or its successors or assigns, shall pay unto said Industrial Trust Company, its successors or assigns, the principal and interest of twenty-five first certain promissory notes of the mortgagor each of even date herewith, and each bear- ing the serial number thereof, in accordance with the terms and conditions thereof, and shall also pay all taxes, assessments, insurance premiums and other sums, the payment of which are hereby required or secured, as and when the same become due and payable, and shall perform all other covenants and conditions as provided herein or in the notes above mentioned, then this deed, as also said promissory notes, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT SHALL be made in the payment of said sums or of said interest or of the taxes, assessments, insurance premiums or any other sum of money the payment of which is hereby or by any of said notes required or secured, or of any part thereof, at the time or times when due, or if breach shall be made of any term, covenant or condition of any of said notes or of this mortgage, then it shall be lawful for said Industrial Trust Company, its successors or assigns, to sell, either in total or in parcels, all and singular the premises hereby granted or intend- ed to be granted, or any part or parts thereof, and the benefit and equity of redemption of the said mortgagor its successors and assigns therein, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser shall be answerable 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 the said City of Providence, with power to adjourn such sale from time to time; provided that if such adjournment be for one week or more the publication of such notice shall be continued, together

355 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 mortgagor (for that purpose by these presents 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, of the premises sold; 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 all interest due 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 any of said notes, or of these presents, and all taxes, assessments, insurance premiums and expenses of repairs, either therefore paid by the said Industrial Trust Company, its successors or assigns, or then remaining unpaid, rendering and paying the surplus of the purchase sale 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 mortgagor, its successors or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagor, its successors and assigns, and all persons claiming said premise unless so sold by, from or under it, them, any or all of them. And the said mortgagor, for itself and for its successors and assigns, hereby covenants with the said Industrial Trust Company, its successors and assigns, that it or 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 mortgagor, for itself and for its successors and assigns, for the consideration aforesaid and to further increase the security of this mortgage, does hereby covenant and agree to and with the said mortgagor, its successors and assigns, as follows: 1. To pay each of said promissory notes and all sums or principal and interest due thereon in accordance with the terms thereof, all taxes and assessments or all sums of any nature whatever due prior to the full payment of said notes and all sums of all said notes upon said premises or upon the mortgage, its successors or assigns, in respect to this mortgage or gay mortgage increased indebtedness hereby secured or otherwise due and payable on said premises including provision made for updating said premiums, all water rates and other contingencies hereby secured as herein provided. 2. To keep and maintain insurance against loss by fire and by other hazards, casualties, contingencies and accidents, in sums, for such periods, in such form insurance, by any company or companies at the mortgage's option or the option of the mortgagee at any times from time to time as it or they may properly when due all premiums on such insurance; to make all policies of insurance payable in case of loss or damage by insurance to the mortgagee; and said Industrial Trust Company or the holder of this mortgage for the mortgagee in the event of any loss or damage to the premises, shall be the attorney irrevocable of the hereby mortgage, constitute and appoint as its attorney irrevocable of the mortgage to demand, adjust, sue for, compromise, settle and collect any and all losses which may occur under any such policy or policies, and to make, after deducting any expenses incurred in the settlement of such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or 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settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in connection with such losses, and to apply the same, or any payment or settlement made in 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856 benefit of any creditor or be placed under control of or in custody of any court, or if the mortgagor abandon any of said property, then in any of said events the mortgagee is hereby authorized and empowered at its optional discretion out of notice and without affecting its rights hereunder or the priority of said lien or any right of the mortgagee hereunder to declare all sums secured hereby immediately due and payable. IN WITNESS WHEREOF, said QUONDOQUANTAUG CENTRAL BEACH FIRE DISTRICT has caused its corporate name and seal to be hereunto affixed by its proper officers, thereunto duly authorized, this 1st day of December, A. D. 1952. Signed, sealed and delivered in presence of QUONDOQUANTAUG CENTRAL BEACH FIRE DISTRICT (Corporate Seal) By Helen K. Wholeman Treasurer John Yale Clouter Clerk State of Rhode Island, County of Providence ss. In Providence, on the 12th day of January, A. D. 1953, before me personally appeared the above named Job Yale Clouter, Clerk of Quondouquantau Central Beach Fire District, to me known and by me to be one of the persons parties executing the Fire District, to me known and by me to be one of the persons parties executing the foregoing instrument for mortgage, and he acknowledged said instrument, by his execution, to be his free act and deed in, in his free act and deed, in his said capacity, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau 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Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District, and the free act and deed of the said Quondouquantau Central Beach Fire District