5/8/1953 · MORTGAGE · book 33 page 494 doc 3503@33/494

509 In consideration of the purchase price the grantees, their heirs, executors, administrators and assigns, licensees, guests and servants are granted a right of way to cross and recross the said land, and for all purposes, in common with others, on the rights of way or roads to the public highway and to cross and recross at all times and for all purposes, in common with others, lagoon avenues and the land lying adjacent to the lagoon as hereinafter described, said plat for the purpose of using said lagoon for the keeping of a small yacht or boats and as a place for swimming in the lagoon. As the grantees, their executors, administrators, assigns, licensees, guests and servants are granted the use of said lots for the purpose of parking vehicles, in common with others, on the rights of way or roads to the beach or ocean, the right to use the roads, streets, roads or rights of way as hereinafter described. The use of parcels on and lots #95 and #96 is for commercial purposes. In consideration of the above rights and privileges to cross and recross in the within granted premises to the highway, Charlestown Pond and the Atlantic Ocean, the grantees, their executors, administrators, assigns, licensees, guests and servants hereby hold the grantor, its successors and assigns harmless and blameless from any damage, loss or injury of any nature due to the use of such drives, streets, roads or rights of way as hereinbefore specified. The use of parcels on and lots #95 and #96 is for commercial purposes. IN WITNESS WHEREOF, The said Corporation has caused these presents to be duly signed by its President and Treasurer, hereunto duly authorized and the corporate seal to be hereunto affixed at Westerly, Rhode Island, this 4th day of February 1953. CHARLESTOWN ESTATES, INC. (Corporate Seal) Howard E. Thorp President Nelson H. Thorp Treasurer (DOCUMENTARY STAMP, 55¢) AHA 490 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on this 11th day of February, 1953, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said Corporation and Nelson H. Thorp, to me known and known by me to be the Treasurer of said Corporation, and they acknowledge said instrument by them executed to be the free act and deed of said Corporation and as well individually. ROGERS E. TRAINER (Notarial Seal) Notary Public Received for record May 23rd, A. D. 1953 at 10 o'clock a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED We, HENRY S. BRIGHTMAN and FAITH I. BRIGHTMAN, husbands and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid grant to WILLIAM C. HARRISON, 3rd and HILMA MAINE HARRISON, husband and wife, both of the City of Norwich, County of New London and State of Connecticut, as joint tenants and not tenants in common, meaning to the survivor with WARRANTY COVENANTS. A certain tract or parcel of land with buildings and improvements thereon, located in the Town of Charlestown, County of Washington and State of Rhode Island and shown as Lot #49 on a certain plan or plat entitled, "Sunaire Acres, property of Charlestown Estates, Inc., Quonocontology, Charlestown, R. I., Scale one inch equals 80 feet, dated February 1, 1953, said plat being recorded in the Land Evidence Records of said Town of Charlestown, and bounded and described as follows, to wit:

Beginning at an iron pipe driven in the ground on the easterly side of the East Beach Road, so called, said point being the southeasterly corner of the parcel herein conveyed and also being the northeasterly corner of the parcel of Clarence L. Clark, thence northerly along the easterly line of said East Beach Road seventy (70) feet to the northeasterly corner of the parcel herein conveyed, thence extending a right angle and extending easterly one hundred fifty feet (150 feet) to the northeasterly corner of the parcel herein conveyed, thence turning a right angle and extending southerly seventy (70) feet to the southeasterly corner of the parcel herein conveyed, said point also being the northeasterly corner of said Clarke land; thence westerly one hundred fifty feet (150 feet) to the point of beginning, said parcel of land is bounded on the north by land of Charlestown Estates, Inc., southerly by the land of said Clarence L. and Della E. Clarke and westerly by the line of the East Beach Road. In consideration of the purchase price it is understood and agreed that the following restrictions and reservations shall apply to and run with the land for a period of twenty years from November 1, 1953. The above conveyed premises shall be used for residential purposes only and as a site for one only residence, said residence to be of no less to cast not less than thirty feet from the line to be built not nearer than East Beach Road than the building line of twenty-five feet on some as said lot and no accessory building shall be erected on the lot smaller the side lines or rear line nearer than five feet. All toilets must be sanitary flush toilets or all toilets and sinks must drain into a septic tank or cesspool. In consideration of the purchase price the grantees, their heirs, executors, administrators and assigns, licenses, grantees, guests and servants are granted right of way over and through the premises, and for all purposes in common with others, over the rights of way and roads to the public highway and to roads and reservations for the purpose of all purposes, including with others, Lagoon Avenue and parcel "B" surrounding the Lagoon as on said plat for the purpose of accessing the lagoon for the purpose of using boat boats and or rafts by a way of Charlestown Pond, and the said grantees their heirs, executors, administrators and assigns, licenses, grantees, are granted the right to cross lots #955 and #954 to the beach or ocean and are granted the right of way over and through the parting of lots #955 and #954 common with others. Said lots are shown on a certain plan or plat entitled, "Plat of Beach Road, Charlestown, R.I. dated February 11, 1953," by Leon L. Holland, C. E., scale 1 inch equals 100 feet, revised July, 1931." Which plat is duly recorded in the Land Evidence Records of said Town of Charlestown. In consideration of the above rights and privileges to cross and re-cross from the within granted premises to the highway, Charlestown Pond and the Atlantic Ocean, the grantees, their heirs, executors, administrators, as- signs, guests and servants, hereby hold Charlestown Estates, Inc., its successors and assigns, harmless from any and all liability of any kind or nature due to the use of such drives, streets, roads or rights of way as hereinabove described. The use of lots #955 and #954 shall not be commercialized. Meaning and intending to convey the same premises conveyed to these grantors by Charlestown Estates, Inc., by deed dated February 11, 1953, and to be recorded in the Town Clerks office of the Town of Charlestown. WITNESS our hand this 22nd day of May, 1953. HENRY S. BRIGHTMAN FAITH I. BRIGHTMAN (DOCUMENTARY STAMPS, $10.45) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 22nd day of May, 1953, before me personally appeared Henry S. Brightman and Faith I. Brightman, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledge said instrument, by them executed to be their free act and deed. PAUL M. ERBARNEY (Notarial Seal) Notary Public. Received for record May 23rd, A. D. 1953 at 10:05 o'clock, a. m., and recorded by [Signature] Town Clerk

512 heirs, executors, administrators and assigns, to be paid or performed, then this deed as also said promissory note shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of any of the sums of money above men- tioned, at the time or times when they are due as aforesaid, or of the taxes, assessments, insurance premiums or water rates hereinafter specified, or any other sum of money the payment of which is hereby or by said note required or secured or of any portion thereof at the time or times when due as herein or therein provided specified, and such default shall continue for thirty (30) days, or if breach shall be made of the covenant of insurance hereinafter contained, or in the per- formance or if any other of the covenants or conditions of this mortgage or of said note or col- lateral agreement, or if the whole of said principal sum shall not be paid when lawfully due de- clared to be immediately due and payable, then, it shall be lawful for said mortgagee, its successors or assigns, to sell, together or in parcels, all and singular the premises hereby granted, or intended to be granted (herein called the premises), or any part or parts thereof, and the benefit and equity of redemption of the said mortgagors, and their 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 pur- chase money, first giving notice of the time and place of sale, by publishing the same at least once each week for three (3) successive weeks in some newspaper published in said town of Westerly 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; 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 ap- pointed 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 prem- ises 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 any part thereof then remaining unpaid, and also the interest then due on the same, together with all expenses in- cidental to such sale or sales, and all counsel fees and other expenses incurred in, or in any way connected with, the exercise or devise of these powers or with any proceeding or action concerning the enforcement therefore or of said note or of these presents, and all taxes, water rates, assessments, insurance premiums and expense of repairs, either therefore paid by the said mortgagors or then remaining unpaid, rendering and paying the surplus of said purchase moneys, if any there be or 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, their heirs, executors, administrators and assigns, which sale or sales shall for- ever be a perpetual bar both in law and equity against the said mortgagors, their heirs, exe- cutors, administrators and assigns <s>which sale or sales shall be a perpetual bar</s> and all persons claiming said premises so sold by them, or from under them or any of them. And the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and its successors and assigns, that they will upon request execute such deed or deeds confirmatory of such sale or sales as may be neces- sary or advisable. AND FURTHERMORE, the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, for the consideration aforesaid and to further increase the security of this mortgage, do hereby covenant and agree and to with the said mortgagee, and its successors and assigns, as follows: 1. To pay all indebtedness hereby secured in accordance with the tenor of said note, all taxes and assessments of every nature levied or to be levied upon said premises or any part thereof, whether by taxation or assessment or assign, in respect to this mortgage or mortgage indebtedness, whether under statutes now in force or that may hereafter be enacted, all premiums for insurance maintained upon said premises, and all water rates and other expenses hereby secured as herein provided:

513 2. To keep and maintain insurance against loss by fire upon the buildings upon said premises, payable in case of loss to said mortgage, its suc- cessors and assigns, in not less than such amount, not less than Sixty-three hundred dollars ($6,300.00) dollars as the sum insured in the amount necessary to prevent the operation of coininsurance clauses, and in such form and in such company as the mortgagee or its successors and assigns shall approve, its successors and assigns, who are hereby authorized to effect such insurance through such agent or broker as they may desire. And insurance of buildings and other buildings by the mortgagors or their heirs, executors, administrators and assigns and any insurance on the buildings and other buildings by their successors, to be payable to, and the policies thereof to be delivered to, said mortgage, its successors and assigns; hereby making constituting and appointing the Westerly Savings Fund and Loan Association, its successors and assigns, their true and lawful attorney or attor- neys, irrevocable for the cause hereof, to take the uncontrollable powers of said attorney, to demand, sue for, demand, sue for, compromise and collect any and all losses which may accrue by fire or other casualty, to give receipts, to give receipts for any and all sums received in settlement of such losses, to reimburse himself/herself for all expenses incurred by said attorney or attorneys in its connection therewith, and to deliver the remainder thereof to said mortgage, its successors or assigns or to apply the same, at their election, to any interest or of dividends upon any advanced loan, notwithstanding any clause of any bond or of any subsequent instrument to the contrary, their choice to apply the same, or in part upon any installments of the indebtedness hereby secured, whether or not then due, or in reimbursement of advances for taxes, assessments or insurance premiums due or paid upon the premises, including the damages to the buildings or improvements. 3. To maintain all buildings upon said premises in good repair and not to cause or permit waste, or demolition or removal without first obtaining the written con- sent of the mortgage, its successors and assigns. 4. That all amounts advanced by the mortgage, its successors and assigns, for the payment of taxes, assessments, insurance or insurance premiums shall be repaid upon demand, and until repaid shall be added to the unpaid principal of the in- debtedness hereby secured, and shall bear interest at the same rate as said indebt- edness, and together with such interest, shall be a further lien upon the premises secured by these presents. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of May A. D. one thousand nine hundred and fifty-three. Signed, Sealed and Delivered In presence of Henry Harris Paul M. Kearney WILLIAM C. HARRISON III (Seal) Hilda Maine Harrison (Seal) STATE OF RHODE ISLAND } } SC. COUNTY OF WASHINGTON } In Westerly, on the 22nd day of May, A. D. 1953, before me personally appeared the above named William C. Harrison, 3rd, and Hilda Maine Harrison, both 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. PAUL M. KEARNEY Notary Public Received for record May 23rd, A. D. 1953 at 10:10 o'clock, a. m., and recorded by [Signature] Town Clerk ---- The WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, having received full payment of all sums due on this Mortgage, does hereby cancel and discharge the same. In testimony whereof, said Association has caused its corporate name and seal to be hereto affixed by the Treasurer thereof duly autho- rized, this 23rd day of November 1955. In presence of James J. Morrison WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (Corporate Seal) by John B. Findlay Treasurer Received for record November 25th, A. D. 1955 at 2:15 o'clock, p.m., and recorded by [Signature] Town Clerk