12/10/1952 · MORTGAGE · book 33 page 341 doc 3361@33/341

341 to the said Lessor her heirs or assigns in as good order as they now are, or as they may be put in, ordinary wear and tear, and damages by the elements, excepted, and that he will not assign this lease, nor underlet the whole or any part of the premises, and will not make nor suffer to be made any alterations in the premises, without the consent in writing of the said Lessor her heirs or assigns; and that the said Lessor her servants and agents, may at all reasonable times enter to view and make sure repairs to such premises as may be necessary. And the said Lessor for her heirs, executors, administrators assigns and covenants with the said Lessee his executors, administrators, and assigns, to keep the exterior of said premises in good repair during the continuance of this lease; that paying the rent and performing the covenants and agreements on the part of the said Lessee herein contained, may peacefully hold and enjoy said premises during said term, without any lawful let or hindrance by the Lessor or any person claiming by, through or under her; and it is mutually agreed by and between said parties that in case said premises shall be damaged by fire, or other [?]idable casualty so that the same shall be unfit for occupation and use, a just abatement of the rent shall be made until the same shall be properly repaired by the Lessor; Provided, however, that if the Lessor shall not elect to repair the same, then this lease shall terminate at the time of such damage. IN WITNESS WHEREOF i have hereunto set hand and seal, this day of Executed in presence of C. Stanton Gallup LOTTIE S. GALLUP LEON M. GRINNELL Received for record December 9th, A. D. 1952 at 4:00 o'clock, p. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, Robert N. Clarke and Jean M. Clarke, husband and wife, (hereinafter called the mortgagors), both of the Town of Charlestown, County of Washington, State of Rhode Island in consideration of Seven thousand and 00/100 ($7000.00) Dollars to us paid by THE WASHINGTON TRUST COMPANY, a Corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the Washington Trust Company, its Successors and Assigns, forever, That certain lot or tract of land with all buildings and improvements thereon, situate and being in the Town of Charlestown, County of Washington, State of Rhode Island, shown and designated as Lot Number 7 on a certain plan or plat entitled, "Ocean View Subdivision Charlestown, R. I." dated September 2, 1935, M. A. Wilcox Attorney Agent. Said lot or tract of land is bounded as follows: Northerly, by Lot Number 8 on said plan or plat being on file in the Office of the Town Clerk, said Town, County of Washington, Charlestown, said lot or tract of land being, on said Plat, a distance of One Hundred (100) feet, more or less; Easterly, by Lot Number 7a on said plan or plat, a distance of 159.92 feet, more or less; Southerly, by the Post Road, as shown on said plat a distance of One Hundred (100) feet, more or less; and Westerly by Lot Number 7 as shown on said plat, a distance of 159.92 feet, more or less. Expressly excepting from said conveyance the right to use "Burnmoor Road" and "Pine Road", as shown on said plat. Being the same premises conveyed to Robert N. Clarke et ux by deed of Grace G. Davitt, dated the fifth day of October, 1952, and recorded in Land Evidence Records of the Town of Charlestown, Book No. 33 at page 302.

342 TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and to the use of the said The Washington Trust Company, its Successors and Assigns, forever. And we the said mortgagors do hereby, for ourselves and for our heirs, executors and administrators, covenant with the said The Washington Trust Company, its Successors and Assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances; that we have good right, full power and lawful authority to sell and convey the same in manner aforesaid; that the said The Washington Trust Company, its Successors and Assigns, shall by these presents at all times herepeaceably and quietly have and enjoy the said premises, and that we the said mortgagors will, and our heirs, executors and administrators shall, warrant and defend the same to the said The Washington Trust Company, its Successors and Assigns, forever, against the lawful claims and demands of all persons., and will also pay the mortgages, taxes, assessments and other expenses hereby secured as hereinafter provided. PROVIDED, NEVERTHELESS that if we said mortgagors, or our heirs, executors, administrators or assigns, shall pay unto the said The Washington Trust Company, its Successors or Assigns, the sum of Seven thousand and 00/100 ($7000) Dollars at its Banking House in Hope Valley, R. I. from the date hereof with interest thereon at, the rate of five (5%) per centum per annum, payable as provided in a certain negotiable promissory note of even date herewith; and shall also pay all taxes and assessments of every kind assessed or imposed upon or in respect of said premises, or upon said The Washington Trust Company, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that may be hereafter enacted, and shall maintain insurance on said premises as hereinafter provided and pay the premiums therefor upon demand, all of said payments to be paid at the several times of payment in currency of the United States, then this deed as well as all promissory notes whereby said mortgagors promise to pay the said The Washington Trust Company or creey, the sum aforesaid with interest as aforesaid at the times aforesaid, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said certain promissory note of even date herewith as to the payment of the principal sum or of said interest at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same first become payable, or of any or either of them or of any part thereof, or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said The Washington Trust Company, its Successors or Assigns, to sell, together or in parcels, all and singular the premises hereby granted, or intended to be granted, or any part thereof, and the benefit and equity of redemption of the said mortgagors and of the said mortgagors' heirs, executors, administrators 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 Washington County with power to adjourn such sale from time to time, provided that the publication 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 such sale to be upon the premises or elsewhere as specified in such notices, and in its or their own name or names, or as the attorney or attorneys of the said mortgagors (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, good and sufficient deed or deeds of the premises sold in fee simple; and to receive the purchase moneys, and therefrom to retain all sums hereby secured, whether then payable or to become payable thereafter, or of 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, and all counsel fees and other expenses, incurred ih, or in any way connected with, the exercise of these powers and all taxes, and assessments as aforesaid and all premiums for insurance, either heretofore paid by the said The Washington Trust Company, its Successors or Assigns, or then remaining unpaid, and rendering and paying the AHA 490

343 surplus of said purchase moneys, if any, there be over and above the amounts so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to them the said mortgagors, their heirs, executors, administrators or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against them the said mortgagors, and the said mortgagors' heirs, executors, administrators and assigns, and all persons claiming said premises as sold by, from or under them or any of them. And we the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said The Washington Trust Company, its Successors and Assigns, that we or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, we the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said The Washington Trust Company, its Successors and assigns, that insurance against loss by fire or any other casualty which may be specified by the mortgagee shall be kept and maintained on the buildings on the premises aforesaid in such office or offices as the said Company, its Successors and Assigns, shall approve, in a sum not less than Seven thousand and oo 100/100 ($7000.00) Dollars or in such greater amounts as will prevent the operation of co-insurance clauses contained in such policies of insurance, and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said The Washington Trust Company, its Successors and Assigns, as collateral security hereto, and in default thereof hereby agree that said The Washington Trust Company, its Successors or Assigns, may from pay from time to time any premiums which may be necessary to maintain existing insurance or may effect new insurance; and the said mortgagors for themselves and for their heirs, executors, administrators and assigns agree to repay to the said The Washington Trust Company, its Successors or Assigns, on demand any premiums paid by it or them, and if not repaid, the same shall be added to said principal sum and shall be a further charge upon said premises granted and secured by these presents as aforesaid. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 9th day of December A. D. one thousand nine hundred and fiftytwo. Signed, sealed and delivered in presence of Stephen J. Segarzewski } } ROBERT N. CLARKE } } JEAN M. CLARKE STATE OF RHODE ISLAND, } } Sc. County of Washington } In Hopkinton, on the 9th day of December A. D. 1952 before me personally appeared the above named mortgagors Robert N. Clarke and Jean M. Clarke 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. STEPHEN J. SEGARZEWSKI Notary Public Received for record December 10th, A. D. 1952 at 10:20 o'clock, a. m., and recorded by [Seal] Town Clerk THE WASHINGTON TRUST COMPANY in the Town of Westerly, County of Washington, State of Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Records of Town of Charlestown in Land Evidence Book 33, page 341, the same is hereby paid 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 its Treasurer duly authorized this 12th day of August A. D. 1953 Signed and Sealed in presence of } THE WASHINGTON TRUST COMPANY (Corporate Seal) David Robertson } by Robert B. Perry, Treas. Above discharge received for record August 15th, A. D. 1953 at 9:44 o'clock, a. m., and recorded by [Seal] Town Clerk