4/7/1953 · DEED · book 33 page 467 doc 3475@33/467

552 (for that purpose by these presents duly authorized and appointed with full power of substitution and appointment) to make convey, and deliver to the purchaser or purchasers at sale or sales a good and sufficient deed or deeds, in fee simple, of the premises sold; and to receive the purchase money and tenderments or retain all sums hereby secured or required to be paid, whether due then or due to fall due thereafter, or part thereof, then remaining unpaid, and also the interest due on the same, together with all expenses incident to such sale or sales, and other all costs and other expenses of such sale or sales, with the power of a general receiver, for the purpose of applying them towards the enforcement thereof, on the said or of site, and of these presents, and of all taxes, assessments, insurance premiums and expenses of repayment, either before or after default, and to apply the same, together with any other sums or advances made, in redeeming and paying the surplus of said purchase money, if any there be, or save and allow the same to be retained as a foreclosed, together with his heirs, executors, administrators or assigns shall forever be impaired as per valuable lots in her and of equity against the said mortgagor, and the estate of Lillian E. DeAngelis, her heirs, executors, administrators or assigns, and any other person or persons claiming as his assigns, and all persons claiming said premises to be said by, from or under any of the mortgagors, their heirs, executors, administrators or assigns, and the said Industrial Trust Company, its successors, and heirs, assigns, hereby covenant with the said Industrial Trust Company, its successors and assigns, that he or they will convey up the premises hereby mortgaged, and that they will warrant and defend the same to the said trustee, and AND FURTHERMORE, the said mortgagors, for themselves and for their heirs, executors, administrators, and assigns, hereby covenant with the said Industrial Trust Company, its successors and assigns, that they will pay the taxes and assessments of every nature levied upon or the levied prior to the full payment and discharge of said note upon said premises or part thereof, whether due now or hereafter, and will pay the premiums on insurance policies, whether under any present provision or at future lens, for insurance maintained upon said premises, all payment and water rates and other charges so accrued or incurred on said premises, and will keep the premises in good condition and repair, and will pay for loss by fire and other casualties, hazards and contingencies, in such amounts, for such periods, in such form and in such manner as the said Industrial Trust Company, under the terms of the mortgage, may from time to time require, and to prompt duly when due all such premiums on insurance so made; in the case of policies insured payable in case of loss by the mortgagor, the mortgagor hereby agrees to pay the proceeds of any such insurance to the holder of the mortgage, and the holder of the mortgage for the time being is hereby made, constituted and appointed the true and lawful attorney irrevocable of the mortgagors, and is hereby authorized and empowered to make, execute and deliver any and all deeds, releases or conveyances, and to give releases for any sums and all sums received in settlement of such losses, and to apply the same, after deducting any expenses incurred in connection with the settlement of such losses, to the payment of the mortgage debt, and to apply any other sums received for any purpose, insurance proceeds or other sums paid by the mortgagor, or to the cost of repairing or replacing the damaged buildings or improvements. In the event of the mortgagor's failure to pay any taxes, assessments, insurance premiums or other charges, the holder of the mortgage may, at its option, divide any such unpaid taxes, right, title and interest of the mortgagor in and to any insurance policies, or any return or return of premiums or dividends paid on any such policies, and may apply the same to the payment of the mortgage debt, and may further, at its option, at any option, transfer its right, title and interest in and to said policies and the proceeds thereof to any purchaser of the mortgaged property; provided that the mortgagor effect such insurance as the holder of the mortgage may require, and that the said policies shall be in the indebtedness secured and any surplus paid over on the sale of the premises. If the mortgagor fail to provide such insurance as to the payment of the mortgage debt, either note or other sums may be paid by the holder of the mortgage and such sums shall become a part of the indebtedness secured, and shall bear interest at the same rate provided upon the principal indebtedness until payment performed. 2. That the mortgagors, and their heirs, executors, administrators or assigns, and all persons claiming the premises and described in the mortgage until full payment and discharge will be adhered, as so good condition and repair as the premises are now or may be period to the said Industrial Trust Company, its successors and assigns, and its other successors and assigns, and writing of the mortgage has first been obtained, and to pay several industrial Trust Company, its successors and assigns, and its other successors and assigns, and the said premises. 3. That the mortgage, its successors and assigns, may pay all taxes, assessments, water rates or insurance premiums not paid by the indebtedness hereby secured, and all of such sums shall be immediately recourse and repaid until said amount be added to the principal of the indebtedness hereby secured and shall bear interest at the same rate provided upon the principal indebtedness until such sums and all such sums shall be a further lien upon the premises and secured by these presents. 4. That the mortgage, its successors and assigns, may foreclose or make an assignment for the benefit of any creditor or be placed under the control of any court of any court, or if the mortgage abandon any of said property, then in any of said events the mortgage is hereby authorized and empowered to sell the premises at public auction, and the proceeds thereof immediately due and payable. IN WITNESS WHEREOF, the said mortgagors have hereunto set their hand and seal this 3rd day of August, A. D. one thousand nine hundred fifty-one. Signed, sealed and delivered Thos. Sutcliffe DONALD DEANGELIS LILLIAN E. DEANGELIS State of Rhode Island, sc. County of Washington k in Westerly ) on the 3rd day of August, A. D. 1951 before me personally appeared the above named and wrote Donald DeAngelis and Lillian E. DeAngelis, husband and wife, to me known and by me to be the party ies executing the foregoing instrument, and severally acknowledged said instrument, by their exams, executed, to be theirs each and all free act and deed. Recorded August 6th, A. D. 1951 at 9:10 o'clock, a. m. Witness: Town Clerk. HERBERT E. COOKE Notary Public. Industrial Trust Company, having received full payment and satisfaction of the whole mortgage, 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 herunto affixed by its Manager and Assistant Manager April A. D. 1953 duly authorized, this 22nd day of Signed and sealed in presence of Doris B. Davis INDUSTRIAL TRUST COMPANY By Hiram Kendall Thomas Sutcliffe Manager Asst. Manager Discharged recorded April 23, 1953 at 1:00 o'clock, p. m., Town Clerk.