5/23/1953 · MORTGAGE · book 33 page 511 doc 3518@33/511

511 KNOW ALL MEN BY THESE PRESENTS: That we, WILLIAM C. HARRISON, 3rd, and HILDA MAINE HARRISON, husband and wife, both formerly of the City of Norwich, Connecticut, now of the Town of Charlestown, in the County of Washington and State of Rhode Island, (hereinafter called the mortgagors) in consideration of Sixty-three hundred ($6300.00) Dollars to us paid by the WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, a corporation legally incorporated, and established and transacting business in the Town of Westerly, in the County of Washington, and State of Rhode Island, the receipt whereof witnessed is acknowledged, do hereby grant, bargain, sell and convey unto the said Westerly Savings Fund and Loan Association (hereinafter called the mortgagee), its successors and assigns, forever. A certain tract or parcel of land, with buildings and improvements thereon, located in said Town of Charlestown, County of Washington and State of Rhode Island, known as Lot No. 4 of a certain lot and plat entitled "Westerly-Charlestown Acres, property of Charlestown Estates, Inc., Quonsetpoint, Charlestown, R. I., Seal No. 8 dated Sept. 19, 1948, recorded in the town records of the Town of Charlestown in book 28, pages 29 and branded, and described as follows, to wit: Beginning at an iron pipe driven in the ground on the easterly side of the East Beach Road, northerly 100.00 feet to the northeasterly corner of the parcel herein conveyed and also being the northerly centerline of the corner land of said Harrison and Della C. Clarke; thence turning southwesterly 100.00 feet along the line of said East Beach Road seventy (70) feet to the northeasterly corner of the parcel herein herein taking; thence turning a right angle and running southwesterly 100.00 feet to the northeasterly corner of the parcel herein conveyed; said thence turning a right angle and running southeastly 100.00 feet to the southeasterly corner of the parcel herein conveyed, said parcel the parcel herein conveyed, said point also being the northeasterly corner of said East Beach Road; thence turning a right angle and running southerly 100.00 feet to the point of beginning. Said parcel of land is bounded northerly by said land of Clarence L. and Della D. Clarke, westerly by the centerline of East Beach Road, so-called. Being the same premises conveyed to said William C. Harrison, 3rd, and Hilda Maine Harrison by Henry S. and Faith I. Brightman by a deed dated May 22, 1953, to be recorded in the town records of the Town of Charlestown in said Town of Charlestown's convenience to include all the easements and rights-of-way and other privileges described or referred to in said deed, which is recorded in the town records as the same is expressly made a part hereof. Together with all buildings, and improvements now or hereafter erected thereon, all the heating, apportionment, appurtenances, and rights thereunto belonging or in any wise now or hereafter appertaining, the rents, issues and profits thereof and all, including plumbing, heating, lighting and other fixtures, equipment and accessories now or hereafter attached thereto. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and unto the use of the said mortgagee, and its successors and assigns, forever. And the said mortgagors do hereby, for themselves and for their heirs, executors and administrators, covenant with the said mortgagee, and its successors and assigns, that they are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances; that they have good right, full power and lawful authority to sell and convey the same in as manner as aforesaid; that the said mortgagee, and its successors and assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that the said mortgagors will, and their heirs, executors and administrators shall, warrant and defend the same to the said mortgagee, and its successors and assigns, forever, against the lawful claims and demands of all persons. PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition that, if said mortgagors, or their heirs, executors, administrators or assigns, shall pay unto the said mortgagee, or its successors or assigns, the sum of Sixty-three hundred ($6300.00) Dollars, together with the interest thereon, in Two Hundred Sixteen (216) monthly installments of Forty-four and 30/100 ($44.30) Dollars, each payable on the tenth day of each and every month succeeding the date hereof, all monthly installments in arrears to bear interest at the rate of two (2%) per cent per month until paid, all in the manner and according and to the terms of a certain promissory note of the said mortgagors bearing even date herewith; and shall perform all the terms of a collateral agreement of even date herewith made by said mortgagors with said mortgagee; and shall also pay all taxes, assessments, insurance premiums, water rates and other sums, the payment of which is hereby secured, as and when the same become due and payable, and shall perform all other covenants and conditions, all as provided herein or in the note above mentioned on the part of the said mortgagors, or their

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 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, 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 in 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 the part thereof then remaining unpaid, and also, the interest then due on the same, together with all expenses in- cident 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 heretofore paid by the said mortgagors or then remaining unpaid, rendering and paying the 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 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 for ever be a perpetual bar both in law and equity against the said mortgagors, their heirs, executors, administrators and assigns,</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 to and 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 resulting from the ownership or possession or aliening, 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 successors and assigns, payable in case of loss to said mortgage, its successors and assigns, in not less than such amount, not less than Sixty-three hundred dollars ($6,300.00) but in such amount, not less than such amount, prevents the prevention operation of coinsurance clauses, and in such form and in such company as form and in such company as the mortgage, its successors and assigns, who are hereby authorized to effect such insurance through such agent or broker as they may desire. And in case of insurance on aforesaid buildings by the mortgagors or their heirs, executors, administrators and assigns, the policies shall be endorsed in favor of the mortgage, its successors, to be payable to, and, the policies therefore to be delivered to, said mortgage, its successors and assigns; hereby making constituting and appointing Savings Fund and Loan Association, its successors and assigns, and Westerly Savings Fund and Loan Association, its successors and assigns, their true and lawful attorney or attorney-in-fact, irrevocably appointed for this purpose, to the uncontrollable power of said attorney, to demand, adjudge, sue for, compromise and collect any and all losses which may be suffered by the mortgage, to give, execute, file, and execute receipts for any and all sum or sums received in settlement of such losses, to reimburse himself therefore out of any such sums received, as attorney-in-fact in connection therewith, and to deliver the remainder thereof to said mortgage, its successors or assigns, and to endorse any and all checks and drafts, and to indorse or dividend upon any cancelled insurance, notwithstanding any clause of any bond of insurance to the contrary, and to exercise their clear right to do so, 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 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 consent 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 or insurance premiums shall be repaid with upon demand, and until repaid shall be added to the unpaid principal of the indebtedness hereby secured, and shall bear interest at the same rate as said indebtedness, 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 [?] 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 authorized, 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 [?] Town Clerk