12/26/1952 · MORTGAGE · book 33 page 364 doc 3382@33/364

364 KNOW ALL MEN BY THESE PRESENTS: That we, CHARLES MINO and MINNIE MINO, husband and wife, both of East Hartford, in the State of Connecticut, (hereinafter called the mortgagors), in consideration of Fifteen thousand ($15,000.00) 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 having and maintaining 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 said WASHINGTON TRUST COMPANY, its Successors and Assigns, forever, the premises known as the "Ranch Motel" and the dwelling house located on the easterly side of the Beach Road, so-called, in the Town of Charlestown, County of Washington and State of Rhode Island, consisting of seven (7) unit motel building, dwelling house and other buildings and improvements, including any portable or sectional buildings and improvements, including all screens, storm doors and windows, awnings, heating, plumbing, gas and electrical fixtures, oil burners or other equipment necessary or incidental to the property or use thereof, now located or on hereafter placed upon said premises, all of which are declared to be part of the realty, bounded and described as follows: Commencing at a stone bound set at the easterly edge of said Beach Road, south easterly corner, at the northeasterly corner of the property herein conveyed, it being the southeasterly corner of land nor or former property of Virginia A. Roche, 8.5 +/- and running thence in a south westerly direction, bounded west erly by said Beach Road, a distance of one hundred (100) feet to a stone bound set in the ground at the south westerly edge of said Beach Road, thence running in an easterly direction a 39° 58' 15" East in a straight course, and in a generally easterly direction a distance of three hundred twenty-three (323) feet to a stone bound set in the ground, said land being bounded south by the land nor or former property by the Estate of Asa Church; thence running in a south easterly direction a 11° 52' 35" East for 52.5 +/- in a straight course, bounded easterly by land nor or former property of the Estate of Asa Church, a distance of one hundred feet to a stone bound set in the land of Frank E. Moore; thence running in a generally westerly direction a distance of 93.5 +/- in a straight course to a stone bound set in the ground at the southeasterly corner of land former property of Gertrude I. Card and now of Ernest H. [?] and running thence in a generally south easterly direction in a straight course, bounded northerly by said Senior land, a distance of seventy-five (75) feet to a stone bound set in the ground at a line nor or former property of Virginia A. Roche, et al; thence southeasterly in a straight line, a distance bounded westerly by said Roche land, a distance of 115 +/- feet to a stone bound set in the ground, thence in a general westerly direction, bounded northerly by said Roche land, in a straight line a distance of one hundred seventy-two (172) and 50/100 feet to the stone bound set in the ground at the south westerly edge of the Beach Road, so-called, it being the point of beginning and place of description. Being the same premises conveyed to said Charles and Minnie Mino by Edward and Myrtle R. Blake by a deed dated October 23, 1948 and recorded October 25, 1948 herewith recorded in the Land Evidence Records of said Town of Charlestown. 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 grant 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 the manner aforesaid; that the said Washington Trust Company, its Successors and Assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we, the said mortgagors, will, and our heirs, executors and administrators shall warrant, and forever defend to the same the Washington Trust Company, its Successors and Assigns, against the lawful claims and demands of all persons, and will also pay the mongers, taxes, assessments and other expenses hereby secured as hereinafter provided. PROVIDED, NEVERTHELESS that if we, the said mortgagors, or our heirs, executors, administrators or assigns, shall pay the said The Washington Trust Company, its Successors or Assigns, the sum of Fifteen thousand ($15,000.00) Dollars at its Banking House in said Westerly, R. I., on demand from the date hereof, with interest thereon, at the rate of Five (5%) per centum per annum, payable semi-annually in advance until said principal sum is paid, whether at or after its maturity, and all installments of interest in arrear, whether before

365 or after maturity, to bear interest at the rate aforesaid until paid; and shall also pay all taxes and assessments of every kind imposed 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, this deed as does also a promissory note whereby we, the said mortgagors, promise to pay said The Washington Trust Company or order, the sum aforesaid with interest as aforesaid at the times aforesaid, shall become and be absolutely and void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said 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 by any of 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 or parts thereof, and the benefit and equity of redemption of the said mortgagors and of their heirs, executors, admin- istrators 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 Town of Westerly, Rhode Island, 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 notice; 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 money, and therefrom to retain all sums hereby secured, whether then payable or to become payable 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, and all counsel fees and other expenses, incurred in, or in any way connected with, the exercise of the powers and all taxes, and assessments 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, rendering and paying the surplus of said purchase money, 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 the said mortgagors, and their heirs, executors administrators or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagors, and their heirs, executors, administrators and assigns, and all persons claiming said premises sold by sold from, by on 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 As- signs, that we or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be to them necessary adviz able. AND FURTHERMORE, 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 insurance against loss by fire or by any other casuality which may be specified by the mortgagee shall be kept and maintained on the buildings on the premises afore- said in such office or offices as the said Company, its Successors and Assigns, shall approve, in a sum not less than Fifteen thousand ($15,000.00) Dollars/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 pay from time to time any premiums which may be necessary to maintain existing insurance or may effect new insurance; and we, the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns agree to repay to the said The Washington Trust Company, its Successors or Assigns, upon demand any premiums paid by it or by 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 26th day of December, A. D. one thousand nine hundred and fifty-two. Signed, sealed and delivered { in presence of { H Henry Harris { CHARLES MINO (SEAL) MINNIE MINO (SEAL) STATE OF RHODE ISLAND, { } County of Washington { } In Westerly, on the 26th day of December, A. D. 1952, before me personally appear- ed the above named mortgagors, Charles Mino and Minnie Mino, both to me known, and known by me to be the parties executing the foregoing instrument, and they severally acknowl- edged said instrument, by them executed, to be their free act and deed. EDWARD M. BOTELLE Notary Public Received for record December 26th, A. D. 1952 at 3:00 o'clock, p. m., and recorded by [Signature] 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, R. I. in Real Estate Mortgage Book Number 33 Pages 364--65-66 does hereby cancel 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 13th day of June A. D. 1957. Signed and Sealed { in presence of { THE WASHINGTON TRUST COMPANY (Corporate Seal) John S. Mudge { by David Robertson, Treas. Received for record June 13th, A. D. 1957 at 1:00 o'clock, p. m., and recorded by [Signature] Town Clerk