The instrument's own words
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including all buildings and improvements thereon, or that may hereafter be erected thereon;
together with the hereditaments appurtenances and all other rights thereto belonging, or in
anywise now or hereafter appertaining, the reversion and reversions, remainders and remainders,
rents, issues and profits thereof, and all plumbing, heating and lighting fixtures and equipment
now or hereafter attached to, or used in connection with said premises.
TO HAVE AND TO HOLD the aforementioned premises, with all the rights, privileges and appur-
tenances thereto belonging unto, and to the use of the Mortgagee, and its successors and assigns
forever.
And the Mortgagor does hereby covenant with the Mortgagee that he is lawfully seized in
fee simple of the said granted premises; that the same are free from all encumbrances except as
aforesaid; that he has good right, full power and lawful authority to sell and convey the same in us
manner as aforesaid; that the Mortgagee shall by these presents at all times hereafter peaceably
and quietly have and enjoy the said premises; that the Mortgagor will warrant and defend the same
to the Mortgagee against all lawful claims and demands of all persons.
And for the consideration aforesaid, we, said Mortgators, being husband and wife, do hereby
release all my right of curtesy and dower in and to the premises unto the Mortgagee, its successors
and assigns, forever.
PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition that if the
Mortgagor or his heirs, executors, administrators or assigns, shall pay unto the Mortgagee or its
successors or assigns, the sum of Eight Thousand Dollars ($8,000.00), as evidenced by his prom-
issory note of oven date the terms, of which are incorporated herein by reference, together
er with interest thereon and shall fully perform all the terms, conditions and covenants of this
mortgage as well as of the note secured hereby, then this instrument, as well as the note secured
hereby, shall be void.
The Mortgagor further covenants as follows:
1. That he will pay the indebtedness as hereinbefore provided. The Mortgagor hereby
authorizes the Mortgagee to execute and deliver to the holder of the evidence of interest there-
on, all extensions or renewals thereof and any payment of advanced interest thereon,
to be deemed authorized and requested by the Mortgagor until notice in writing is
received by the Mortgagee that the Mortgagor does not desire the same. In addition, is
reserved to pay the debt in whole or in part as set forth in said note.
2. That his existing obligation to pay said indebtedness and to keep and perform all of
the covenants and agreements contained in this mortgage, until the Mortgagee
shall hereafter expressy release him from said obligation, shall not be discharged
released or in any way changed or affected by the fact that another person or persons
(a) shall become or be liable for the payment of said indebtedness, or
for the performance of any of said covenants or agreements, or
(b) shall make a payment or payments in reduction of said indebtedness, or
(c) shall perform any of said covenants or agreements, or
(d) by the fact that the Mortgagee shall accept any such payment or pay-
ments, or performance of any such agreements or covenants.
3. That he will pay all taxes, assessments, water rates and other governmental or municipal
charges, fines or impositions, and in default thereof the Mortgagee may pay the same,
and all such sums so advanced shall bear interest at the same rate of payment as the same
rate provided for in the principal indebtedness and shall be secured hereby and
that he will promptly deliver to the Mortgagee the tax receipts.
4. That he will keep the premises in as good order and condition as they are now, and he
will not permit or commit any waste thereof, reasonable wear and tear excepted.
5. That he will keep and maintain on the buildings now existing or hereafter erected
on the premises efficient fire insurance and that he will cause other valuable contingencies,
and contingencies, in such or other offices or as the said Mortgagee and its suc-
cessors or assigns shall determine, in an amount not less than Eight Thousand Dollars ($8000.00),
and will promptly pay on time, any premiums on said insurance.
6. That any policies of insurance on the premises herein conveyed shall be assignable to
and transferable, and shall be so assigned and transferred to the Mortgagee, as additional
security. Herein the Mortgagee if the fact opts to maintain or establish such insurance or
fails to make any payments for insurance premiums the Mortgagee may effect such
insurance, and all sums expended in so doing shall bear interest from the date of payment
at the same rate provided for in the principal indebtedness and shall be secured
hereby. If the premises shall be damaged, destroyed or rendered uninhabitable by
fire or other hazard against which insurance is held as hereinbefore provided, the
sums paid by the insurance company shall be applied to the contract of insurance,
to the extent of the indebtedness then remaining unpaid, be paid to the Mortgagee, and,
at its option, be applied toward the cost of repairing or rebuilding the
rebuilding of the premises. In the event of the foreclosure of this mortgage, or the
other transfer of title to the mortgaged property in extinguishment of the debt
secured hereby, all right, title and interest of the Mortgagor in and to any
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insurance policies then in force, shall pass to the purchaser or grantee.
If there should be a default in any of the terms, conditions or covenants of this mortgage, or under the note secured hereby, then it shall be lawful for the Mortgagees to sell, together or in parcels, all and singular the premises hereby granted, or intended to be granted, or any part or parts thereof, or any part remaining subject to this mortgage in case of partial release hereof and the benefit and equity of redemption of the Mortgagor, and their heirs, executors, administrators and assigns 거기에, at public auction upon the premises, or any part thereof, or elsewhere as specified in the notice of any sale, and to bid for and become the purchaser or purchasers at any such sale, (and no other purchaser or purchasers 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 public newspaper published in the County of Washington, Rhode Island, with power to adjourn such sale from time to time, provided that the publishing of said notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper; and in its or their own name or names, and or as the attorney or attorneys of the 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 a good and sufficient deed or deeds of sale premises in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or then 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, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said powers, and all taxes, assessments and premiums for insurance, etc., if any, either heretofore paid by the Mortgagor 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 sums so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges to the Mortgagor, his heirs, executors, administrators and assigns, which sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity against the Mortgagor, their heirs, executors, administrators and assigns, and all persons claiming sale premises.
And the Mortgagor hereby further covenants that he will, upon request, execute such deed or deeds confirmatory of such sale or sales as may be required.
Notice of the exercise of any option granted to the Mortgagee herein, or in the note secured hereby, is not required to be given.
The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 16th day of May in the year of our Lord one thousand nine hundred and fifty two.
Signed and sealed in presence of
Royal L. Rathbone
Emilia L. Rathbone
(SEAL)
(SEAL)
as to both
STATE of RHODE ISLAND
County of Washington
In South Kingstown, on the 16th day of May, A. D. 1952, before me personally appeared Royal L. Rathbone and Emilia L. Rathbone, husband and wife, each to whom and known by me to be the parties executing the foregoing instrument, and they each acknowledged said instrument by them to be executed to be their free act and deed.
FRANK L. CRANDALL (Notarial Seal)
Notary Public
(FOR DISCHARGES OF ABOVE MORTGAGE, SEE PAGE 73)
Received for record May 16th, A. D. 1952 at 2 o'clock p. m., and recorded by
(FOR PARTIAL RELEASE OF THIS MORTGAGE, SEE BOOK 39, Page 527)
The page as recorded
