6/22/1953 · MORTGAGE · book 33 page 533 doc 3540@33/533

533 STATE OF RHODE ISLAND, ETC.) ) County of Washington ) In Charlestown, on the 19th day of June, 1953, before me personally appeared Hjalmar Kivi and Anne Kivi, husband and wife, 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. LEROY C. WHITFORD Notary Public Received for record June 22nd, A. D. 1953 at 1:36 o'clock, p. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, That we, Elmer R. Minakin and Ethel Minakin, husband and wife, both of the Town of Richmond, County of Washington and State of Rhode Island, hereinafter called the Mortgagor, in consideration of the sum of Fifty-seven Hundred Dollars ($5700.00), paid to him by The Providence Union National Bank, a national banking association, hereinafter called the Mortgagee, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the Mortgagees, its successors and assigns, forever, all that certain real estate located as follows: That certain tract or parcel of land, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows: Beginning at a point on the southerly side of the State Highway, commonly known as "South County Trail," at the northeasterly corner of the premises herein conveyed to Hjalmar Kivi and Anne Kivi by warranty deed dated May 19th, 1953, thence running southeasterly bounded easterly by said Hjalmar Kivi land, a distance of Three Thousand (3000) feet; thence turning an angle of 90° and running generally westerly a distance of Five Hundred (500) feet; thence turning and running generally northerly, maintaining a distance of Five Hundred (500) feet distant from and parallel to said Hjalmar Kivi land, a distance of Three Thousand (3000) feet, more or less, thence turning to said State Highway; thence turning and running easterly, bounded northerly by said State Highway; thence turning and running southerly (500) feet to the point of beginning, or otherwise however the same may be bounded or described. Meaning and intending to convey the same premises conveyed from Hjalmar Kivi and Anne Kivi to Elmer R. Minakin and Ethel Minakin by warranty deed of even date with these presents, the same being more particularly described herein. Including all buildings and improvements thereon, present or that may hereafter be erected thereon; together with the hereditaments and appurtenances and all other right thereunto belonging or in anywise now or hereafter appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all plumbing, heating and lighting fixtures and equipment now or hereafter attached to, or used in connection with the aforesaid premises. TO HAVE AND TO HOLD the aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the Mortgagees, and its successors and assigns forever. And the Mortgagor does hereby covenant with the Mortgagee that he is lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances except as aforesaid; that he has good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the Mortgagee shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises; that the Mortgagor will warrant and defend the same to the Mortgagee against the lawful claims and demands of all persons.

534 And for the consideration aforesaid, we said Kortgators, being husband and wife, do hereby release all my right of curtesy and dower in and to the premises unto the Mortgagee, its successors and assigns, forever. PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition that if the Kortgator or his heirs, executors, administrators or assigns, shall pay unto the Kortgagee or its successors or assigns, the sum of Fifty-Seven Hundred Dollars ($5700.00), as evidenced by his promissory note of even date herewith, the terms of which are incorporated herein by reference, together with interest thereon and shall fully perform all the terms, conditions and covenants of this mortgage as well as of the note secured hereby, then this instrument, as well as the note secured hereby, shall be void. The Mortgagor further covenants as follows: 1. That he will pay the indebtedness as hereinafter provided. The Mortgagee hereby authorizes the kortgagee to extend the note by receipt of advanced interest thereof all or any part thereof or increase thereof by payment of advanced interest, or otherwise, to be deemed authorized and requested by the Mortgagor until notice to the contrary is given in writing by the kortgagee not further to extend or renew the same. Privilege is reserved to pay the debt whole or in part or in any such installments. 2. That his existing obligation to pay said indebtedness and to keep and perform all of the covenants and agreements contained in this mortgage, unless the mortgage shall be discharged, shall continue and exist regardless of whether the not be discharged, released or in any way changed or affected by the fact that another person or persons (a) shall become or be liable for the payment of said indebtedness, or for the performance of said covenants and agreements, or (b) shall make a payment or payments in reduction of said indebtedness, or (c) shall perform any or of said covenants or agreements, or (d) by the fact that the Mortgagee shall accept any such payment or payments, or performance of any such agreements or covenants. 3. That he will pay all taxes, assessments, water rates and other governmental or municipal charges, fines, etc. and if default thereof the Mortgagee may pay the same, and all sums so advanced shall bear interest from the date on such payment at the same rate of interest as provided for in the principal indebtedness shall be secured hereby; and that he will promptly deliver the official receipts therefor to the Mortgagee. 4. That he will keep the premises in as good order and condition as they are now, and he will not permit the same to be waste any other reasonable, wearable or tear exceeded. 5. That he will keep and maintain the buildings on the premises existing or hereafter erected on the premises aforesaid, insurance against loss by fire and other hazards, casualties, and contingencies, in such office or offices as the said Mortgagee and its successors and assigns may designate, in a sum not less than Fifty-Seven Hundred Dollars ($5700.00), and will pay promptly when due, any premiums on such insurance. 6. That any policies of insurance on the premises herein conveyed shall be assigned, and transferred, or made payable in case of loss, or to the Mortgagee, as additional security for the payment of the indebtedness; that in default of effecting or such insurance or fails to make any payments for insurance premiums the Mortgagee may at its own option effect such insurance and shall charge to the Mortgagor interest from the date of payment at the same rate provided for in the prin- cipal indebtedness and shall be secured hereby. If the premiums covered by hereby, any the insurance held as hereinbefore provided, the amounts paid by the insurance company pursuant to the terms of the policy shall be applied to the note having said insurance indebtedness then remaining unpaid, to be paid by the Mortgagee, and, at its option, may be applied to the payment of premiums for the replacing or rebuilding of the premises. In the event of the foreclosure of this mortgage, or other transfer of title to the Mortgagee, the insurance policies shall be assigned to the secured hereby, all right, title and interest of the Mortgagor in and to any insurance policies shall be transferred to the purchaser or grantee or other person. If there shall be a default in any of the terms, conditions or covenants of this mortgage or, under the note secured hereby, then it shall be lawful for the Mortgagee to sell, assign, transfer, convey or otherwise dispose of any part remaining, granted to, or intended to be granted, or any part thereof, or any part remaining, subject to any such mortgage or the principal indebtedness, all benefit and equity of redemption of the Mortgagor, and their heirs, executors, administrators and assigns thereat, by public auction upon the premises, or any part thereof or on some other suitable ground, upon the notice of sale, and by bid for and become the purchaser or purchasers at any such sale, and (no other), or purchase any other property as security for the payment of the purchase money, first giving notice of the time and place of sale by publishing the same at least once two time in a newspaper of general circulation in the town or published in the County of Washington, Rhode Island, with power to adjourn such sale from time to time and to publish notice of this whole or any part of the continued, together with a notice of the adjournment or adjournments, at least once next in the newspaper of general circulation in the town or thus more once as the attorney or attorneys of the Mortgagor (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 a good and sufficient deed or deeds of sale of said premises in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to reimburse, or the part thereof then remaining unpaid, and also the interest thereon due to the Mortgagee, together with all costs and charges incurred in the said sale or, for making deeds, conveyances and for fees of counsel and attorneys, and all such other expenses incurred in the said sale, and to pay said taxes, assessments and premiums for insurance, if any, either heretofore paid by the Mortgagee or then remaining unpaid, upon said granted premises, rendering and paying the surplus, if any, to the Grantor, or if any there be, to his heirs, executors, administrators and assigns, together with a particular account of such sale and the application of the proceeds thereof, and the amounts above the sums to be retained as aforesaid, together with a true and particular account of such sale and the application of the proceeds thereof, by the Mortgagee, his heirs, executors, administrators and assigns, which sale or sales are made as aforesaid shall be a full and complete release, both in law and equity, against the Mortgagee, their heirs, executors, administrators and assigns, and all persons claiming under them. And the Mortgagor hereby further covenants that he will, upon request, execute such deed or deeds confirmatory of such sale or sales as may be required. Notice of the exercise of any option granted to the Mortgagee herein, or in the note secured hereby, is not required to be given. The covenants herein contained shall bind, and the benefits and advantages shall inure to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 19th day of June in the year of our Lord one thousand nine hundred and fifty-three. Signed and sealed in presence of: Leroy C. Whitford ELMER R. MINAKIN (SEAL) ETHEL MINAKIN (SEAL) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In South Kingstown, on the 19th day of June, A. D. 1953, before me personally appeared the above named Elmer R. Minakin and Ethel Minakin, husband and wife, each to me known and known by me to be the parties executing the foregoing instrument, and they each acknowledged said instrument by them executed to be their free act and deed. LEROY C. WHITFORD Notary Public Received for record June 22nd, A. D. 1953 at 1:37 o'clock, P. M., and recorded by [Signature] Town Clerk (FOR DISCHARGE OF FOREGOING MORTGAGE, SEE PAGE 700) ---- STATUTORY FORM OF WARRANTY DEED We, WILLIAM W. SAUNDERS and ALICE B. P. SAUNDERS, husband and wife, both formerly of the City of Providence, County of Providence and State of Rhode Island, now of the Town of Hopkinton, County of Washington and State of Rhode Island, hereinafter called the grantors, for consideration paid grant to KATHARINE R. VAN OST, of Hackensack, County of Bergen and State of New Jersey, hereinafter called the grantee, with WARRANTY COVENANTS. A certain tract or parcel of land situated and being in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Lot #62 as shown and delineated on a certain plan or plat entitled, "Plan of Conquinetown Central Beach, Charlestown, Rhode Island, Town and Trail Inc., Aug., 1935" feet to the east [?], signed by Doris S. Lewis, Engr., New York, September 10, 1935." Said plan or plat being on file in the Town Clerks office of said Town of Charlestown. Said grantee, her heirs and assigns shall have the right to pass and repass to and from and from and to said lot or tract on foot or on horseback, over, over and on across those rights of way and paths as shown on said plat, including a road leading to the beach and also the right of way leading from the road to the fresh water pond, and any other portion of said plat which might hereafter be designated