9/23/1952 · DEED · book 33 page 288 doc 3314@33/288

288 We, WILLIAM J. MANNING and MARGARET NELSON MANNING, his wife, both of the City of Cranston, in the State of Rhode Island for consideration paid, grant to BENEDICT WOODROW OVEREND and VIRGINIA F. OVEREND, his wife, both of the Town of Richmond, said State of Rhode Island, as Joint Tenants and not as Tenants in Common with WARRANTY COVENANTS (Description, and Incumbrances, if any) That certain real estate, together with all buildings and improvements thereon, situated in Charlestown, County of Washington, in the State of Rhode Island, and described as follows: in fee simple. Those certain lots or parcels of land, located in the Town of Charlestown, County of Washington and State of Rhode Island, laid out and designated as Lots Numbers 533, 534, 535 and 536 shown on a "Map of Charlestown by the Sea, Charles-town, Rhode Island"; owned and developed by Thomas F. Reilly, Scale 1" = 100 feet, dated July 25, 1924, K. W. Leighton, Civil Engineer, New Haven, Connecticut", and filed in the office of the Town Clerk of said Charlestown. Said lots are bounded as follows: NORTHERLY : by Edgeware Street, as shown on said Map, one hundred (100) feet, more or less; EASTERLY : by Lot Number 532, as shown on said Map, one hundred and ten (110) feet, more or less; SOUTHERLY : by Lots Numbers 570, 571, 572 and 573, as shown on said Map, one hundred and ten (110) feet, more or less; WESTERLY : by Lot Number 537, as shown on said Map, one hundred and ten (110) feet, more or less. This deed is subject to restrictions as contained on said Map. Together with parking privileges on lot near ocean front. Said premises also include 6 storm sashes and 3 storm windows. We, WILLIAM J. MANNING and MARGARET NELSON MANNING, release to said grantees all our rights of curtesy and dower and all other interest in the aforedescribed premises. WITNESS our hands this 19th day of September 1952. Katherine M. Ryan WILLIAM J. MANNING MARGARET NELSON MANNING STATE OF RHODE ISLAND, ETC.) ) County of Providence ) In Providence on the 19th day of September, 1952 before me personally appeared William J. Manning and Margaret Nelson Manning to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. KATHERINE M. RYAN Notary Public Received for record September 23rd, A. D. 1952 at 11:52 o'clock, a. m., and recorded by [Signature] Town Clerk

289 4. He will continuously maintain hazard insurance, of such type or types and amounts as Mortgagees may from time to time require, on the improvements now or hereafter on said premises; and except when payment for all such premiums has therefore been made under (a) or (b) of said paragraph, he will promptly pay same when due and premiums therefor. All insurance shall be carried in companies approved by the Mortgagees and the policies and renewals thereof shall be held by it and have attached thereto a loss payable clause in form acceptable to the Mortgagees and in favor of them. In event of loss he will give immediate notice by mail to the Mortgagee who may make payment for loss; and the Mortgagee may apply such insurance money as the insurance company concerned is hereby authorized and directed to make payment for loss directly to the Mortgagee instead of the Mortgagor, to the payment of any mortgage debt, interest or expenses of the mortgage process, or any part thereof, may be applied by the Mortgagee, at its option, either to the reduction of the principal sum of the mortgage debt, or to the repair or restoration or repair of the property damaged. In event of foreclosure of this mortgage, or other legal action to recover the mortgage debt, the Mortgagee shall be entitled to any insurance not secured hereby, all right, title and interest of the Mortgagor in and to any insurance policies then in force thus pass to the Mortgagee or guarantor. 5. He will pay all ground rents, taxes, assessments, rates, and other governmental or municipal charges, fines, or impositions, levied upon said premises except when payment for all such items have therefore been made under (a) or paragraph 2 hereof, and he will promptly pay same when due and keep the same current. 6. He shall not commit or permit waste; and shall maintain the property in as good condition as at present, reasonable wear and tear excepted. Upon any failure to so maintain, Mortgagee, at their option, may enter and make necessary maintenance and repairs performed at the cost of Mortgagee. 7. Mortgagee may perform any default assumed or agreements of Mortgagee to sustain except as Mortgagees shall hereafter agree, and any money advanced by Mortgagees for such purposes shall bear interest at four per centum (4%) per annum, shall accrue thereupon a part of the principal sum of the mortgage debt, and shall be a lien on said premises and on other indebtedness secured hereby, and shall be payable thirty (30) days after demand. 8. Upon the request of the Mortgagee, the Mortgagor shall execute and deliver a supplemental note or notes for the sum or sums advanced by the Mortgagee for the alteration, modernization or improvement of the premises, or for any other purpose for which money is advanced on premises or taxes against the same against the same or for any other purpose allowance other than the payment of the mortgage debt, and such note or notes shall bear interest at four per centum (4%) per annum and shall be payable in approximately equal monthly payments for thirty (30) years amortized to the principal sum, and shall be payable in full on the maturity, the whole of the sum or sums so advanced shall be due and payable thirty (30) days after demand. The term of the mortgage shall be extended by said advance to the ultimate maturity of the note first described above. If there shall be a default in any of the terms, conditions or covenants of said mortgage, or under the note secured thereby, the Mortgagee shall have the right to foreclose the mortgage, together or in parcels, all and singular the premises hereby granted or intended to be granted, or on any part thereof, in any suit of equity or at law, and the Mortgagee or Mortgagee, therein or all parties, auction upon the premises; and for this and to become the purchaser of the same, and the Mortgagee shall be entitled, after first giving notice of the time and place of publishing the sale at the least once a week for three successive weeks in some newspaper in the town where said premises are located, and the Mortgagee shall so adjourn such sale from time to time, together with the publishing of the notices that the publishing of the notice shall be continued, together with the publishing of the notices that the publishing of the notice shall be in some newspaper in the town where said premises are located, and the Mortgagee shall publish the same in each week in the same newspaper; and in its or their own name, or names, or as the attorney or attorneys of the Mortgagee, shall have the right to bid and purchase at the sale, and is appointed with full power of substitution and revocation, to make, execute and deliver to the purchaser a deed to the premises, and to convey the premises, and to convey all said premises in fee simple, and to receive the proceeds of such sale or sales, made as aforesaid, paying first, out of the proceeds of such sale or sales, the costs and expenses of such sale, all other parties thereto, their heirs, executors, administrators, successors and assigns, and all applicable taxes, assessments, and other charges, and the balance of the proceeds of such sale or sales, confirmatory of such sale or sales, Out of the proceeds of any such sale or sales Mortgagee shall pay first, out of the proceeds of such sale or sales, the costs and expenses of such sale, fees incurred, second, the unpaid interest on and principal of the aforesaid note and on other unpaid sums secured hereby and due Mortgagee, third, any unpaid taxes or assessments against the same or for any other purpose allowance other than the payment of the mortgage debt, Administration by reason of the payment of guaranty or insurance on the debt secured hereby, and fifth, the residue of the proceeds of such sale or sales, shall be paid to the Mortgagor, in particular account of said sales, their proceeds, and all disbursements. The lien of this instrument shall remain in full force and effect after any postpayment or extension of the time for payment of the mortgage debt, or any part thereof secured hereby. If the indebtedness secured hereby secured be guaranteed or insured under the Servicemens' Readjustment Act, as amended, such Act and Regulations issue thereunder and in effect on the date hereof, shall be a part of this mortgage and the terms and provisions of the Act, and any provisions of this or other instruments executed in connection with said indebtedness which are inconsistent with said Act or Regulations are hereby amended to conform thereto. Notice of the recitals of the facts contained herein and in the note secured hereby, is not required. The Covenants herein contained bind the Mortgagor and the Mortgagee and their heirs, executors, administrators, successors and assigns of the parties herein, and the Mortgagor shall be bound by the terms of this mortgage, in the plural, the singular, the use of any gender shall be applicable to all genders, and the term "Mortgagee" shall include the Mortgagee, the guarantor of the indebtedness hereby secured or any transferee thereof whether by operation of law or otherwise. WITNESS the hand(s) and seal(s) of the Mortgagor(s) this 19th day of September 1952. Signed, sealed and delivered in presence of: BENEDICT WOODROW OVEREND (SEAL) VIRGINIA F. OVEREND (SEAL) Katherine M. Ryan AHA 490

290 STATE OF RHODE ISLAND } } ss: County of Providence } In Providence, on the 19th day of September A. D. 1952, before me, personally appeared the above named Benedict Woodrow Overend and Virginia F. Overend, each and all to me known, 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. ................................Katherine M. Byan...................Notary Public Received for record September 23rd, A. D. 1952 at 11:51 o'clock, a. m., and recorded by [Signature] Town Clerk (for Discharge of above mortgage, see Book 43, Page 358) ---- I, JOSEPHINE P. RANDALL, of the Town of South Kingstown, County of Washington, State of Rhode Island, for consideration paid, grant to M. FRANCES RANDALL, of said Town, County and State, with WARRANTY COVENANTS Those certain lots or parcels of land, together with the buildings and improvements thereon situated, in the Town of Charlestown, County of Washington, State of Rhode Island, and laid out and designated as Lots Numbers 164 and 165 on that plat entitled, "Map of Charlestown by the Sea, Charlestown, Rhode Island, owned and developed by Thomas F. Reilly, Scale 1" = 100, dated July 25, 1934, K. W. Leighton, Civil Engineer, New Haven, Conn.," which plat is recorded in the Office of the Town Clerk, said Town of Charlestown. Said lots together form one tract, bounded and described as follows: SOUTHERLY, by Burnham Street as shown on said Map, fifty-one (51) feet, more or less; EASTERLY, by lot 166 as shown on said Map, one hundred (100) feet, more or less; NORTHERLY, by lots numbered 159 and 160, as shown on said Map, fifty (50) feet, more or less; and WESTERLY, by lands now or formerly of Thomas F. Reilly, as shown on said Map, one Hundred (100) feet, more or less. This conveyance is made subject to the following restrictions: No business may be conducted on said premises. No outside toilets may be erected and no second hand materials may be used in any building. No signs for advertising purposes shall be erected or placed thereon. All buildings erected thereon shall be set back not less than 15 feet from the street line, excepting, however, that porches may be within said distance. No dwelling costing less than $5,000 shall be erected on said premises until and unless plans and specifications are approved by Thomas F. Reilly in writing. Meaning and intending to convey and to convey the same premises conveyed by deed of Thomas F. Reilly to Mitchell Randall dated August 17th, 1934, and recorded in the Records of Land Evidence, said Town of Charlestown, in Book 25 at Page 563. Reference to said deed and the records thereof being hereby had and made and the same a made part hereof for a more complete and detailed description of the premises hereby conveyed. Title in said premises being acquired by this Grantor under the provisions of the will of said Mitchell Randall, a copy of said will being recorded in said Records of Land Evidence. I, Josephine P. Randall, hereby covenant that I am a widow. before