6/23/1953 · MORTGAGE · book 33 page 538 doc 3543@33/538

538 KNOW ALL MEN BY THESE PRESENTS, That we, Charles J. Dauray and his wife, Lucille J. Dauray, both of the Town of Charlestown, Rhode Island, hereinafter called the Mortgagor, in consideration of the sum of Ten Thousand Five Hundred Dollars ($10,500.00), 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 Mortgagee, its successors and assigns, forever, all that certain real estate located as follows: That certain real estate situated in the Town of Charlestown, County of Washington and State of Rhode Island, described as follows: A certain tract of land, together with a dwelling house and other improvements located thereon, bounded on the North by the land of [?] Beginning at the northeasterly corner of the street hereby referred to hereinafter as "a private road" beginning at a mark pointed by an iron pipe located in the easterly line of a private road; thence running in a southeasterly direction by said private road and along the line of said private road a distance of 160.31 feet to a stone bound; thence turning an interior angle of 168°46' and running southeasterly along the line of the street referred to as a road a distance of 157.11 feet to a stone bound; thence turning an interior angle of 168°46' and running southeasterly along the line of the street referred to as a road a distance of 157.11 feet to a stone bound; thence turning an interior angle of 88.60 feet to a stone bound set at the northeasterly corner of the land of Mario G. Magi; thence running in a southeasterly direction a distance of 599.04 feet and running easterly a distance of 200.00 feet to a stone bound; thence turning an interior angle of 110°15' and running southeasterly along the line of the land of a distance of 91.57 feet to a stone bound; thence turning an interior angle of 90°05' and running easterly until it abuts on the line of the land of [?] thence running a distance of 113.11 feet to a stone bound; thence turning an interior angle in the same straight line a distance of 20.50 feet, more or less to an iron pipe; thence running in the same direction a distance of 20.50 feet, more or less to an iron pipe; thence running in the same direction a distance of 365 feet, more or less to an iron pipe set at the water line of the salt pond; thence turning and running in a southeasterly direction a distance of 195.19 feet to an iron pipe; thence turning an interior angle of 124°34' and running southeasterly a distance of 178.31 feet to a stone bound; thence turning an interior angle of 205°57' and running westerly a distance of 140.64 feet to the center pipe of the salt pond; thence turning and running in a northerly direction an interior angle of 188°54' and running westerly a distance of 64.55 feet to a drill hole in the center of the salt pond; thence turning and running westerly an interior angle of 169°21' and running westerly a distance of 200.86 feet to the point of beginning of the first described curve, making an interior angle of 179°49' with the first described curve. This tract containing an area of 58.78 acres and bounded on the South by the salt pond, creek, road and land of the heirs of Charles Poe and bounded on the East by the land of Catherine D. Slocum. Together with the appurtenant right to the use and enjoyment of said private road for the purposes of ingress to and egress from and to sell premises and the private public right of way for pedestrian and vehicular traffic to and from said private road, and also together with the appurtenant right to use the well and the waters therefrom, which well is for the purposes of servicing the land hereby conveyed, and the right to dig, drill, tap and to construct, maintain and repair water pipes within said well for the purpose of servicing the land hereby conveyed, the well and water, and subject to all restrictions contained in deeds of event date hereinafter from Catherine D. Slocum to Charles J. Dauray and Lucille J. Dauray and the references to the books and pages contained herebey is hereby and made and made part hereof for a more particular description of the hereby conveyed premises. including all buildings and improvements thereon, or that may hereafter be erected thereon; together with the hereditaments and appurtenances and all other rights 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 said premises. TO HAVE AND TO HOLD the aforesaid premises, with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the Mortgagee, 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 and have the said premises; that the Mortgagor will warrant and defend the same to the Mortgagee against the lawful claims and demands of all persons. And for the consideration aforesaid, we said Mortgagors, 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 Mortgagor or his heirs, executors, administrators or assigns, shall pay unto the Mort-

539 gagee or its successors of assigns, the sum of Ten Thousand Five Hundred Dollars ($10,500.00), as evidenced by his promissory note of even date herewithite, the terms of which are incorporated herein by reference, together with interest therefore and stated 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 covenanteth as follows: 1. That he will pay the indebtedness as hereinbefore provided. The Mortgagor hereby authorizes the Mortgagee to credit to his account the note by receipt of advanced interest therefore; all extensions or renewals herewith to be payment by advanced of interest or otherwise; and that any extension or renewal granted and requested by the Mortgagor not until notice in writing is received by the Mortgagee not further to extend or renew the same; and that no such is reserved to the Mortgagee to pay the debt in whole or in part as set forth in said note. 2. That his obligating obligation to pay said indebtedness and to keep and perform all of the covenants and agreements contained in this mortgage, unless the Mortgagee in writing to the contrary shall not be discharged, released or in any way changed or affected by the fact that another note since, or payment. (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 of said covenants or agreements, or (d) by the fact that the Mortgagee shall accept any such payment of payments, or performance of any such covenants or agreements. 3. That he will pay all taxes, assessments, water, sewer rates and other governmental or municipal charges, fines or impositions, and in default thereof the Mortgagor may pay the same, and all sums so advanced shall bear interest from the date of such payment at the same rate provided in this mortgage for the principal indebtedness and shall be secured hereby; and that he will promptly deliver the Mortgagee the receipts therefore. 4. That he will keep the premises in as good order and condition as they are now, and he will not permit or cause to commit any waste therefore, reasonable wear and tear excepted. 5. That he will keep and maintain on the buildings now existing or hereafter erected on the premises aforesaid, insurance against loss by fire and other hazards, namely, windstorm, hail, tornado, explosion or collapse of roofs or ceilings, in favor of the Mortgagee and its successors and assigns aforesaid, in a sum no less than Ten Thousand Five Hundred Dollars ($10,500.00), and will promptly pay when due, any premiums on such insurance. 6. That any of the policies on insurance herein described shall be assigned to the Mortgagee, and transferred in case of loss, to the Mortgagee, as additional security hereby. If the Mortgagor shall fail to pay or maintain such insurance or fail to make payments for insurance premiums the Mortgagee may effect such insurance and, at its option, charge the same with interest from the date of payment at the same rate provided for in the principal indebtedness and shall be secured hereby. If any loss or damage shall occur to the buildings or other improvements damaged by fire or other hazard against which insurance is held as hereinbefore provided as amount insured, the Mortgagee may apply the proceeds of any such insurance, to the extent of the indebtedness then remaining unpaid, to bid for the Mortgagee and, or apply the same to the debt, or to the cost of the repairing or rebuilding of the premises. In the event of the foreclosure of this mortgage, or other legal process to foreclose property mortgaged hereunder, the assigning of the debt secured hereby, all right, title and interest of the Mortgagee in and to any insurance policies then in force, shall pass to the Mortgagee or grantee. 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, sole or together, to foreclose this mortgage, and to sell the premises hereby mortgaged, or intended to be granted, or any part or parts thereof, or any part remaining subject to any mortgage or other lien, and by virtue hereof the Mortgagee shall have equity of redemption of the Mortgagor, and their heirs, executors, administrators and assigns or their representatives, and the right to foreclose and sell the premises, or elsewhere as specified in the notice of the sale, and to bid and to become the purchaser or assignee thereof, or to appoint some other person to be the purchaser. The Mortgagee shall be answerable for the application of the purchase money, first giving notice of the time and place of sale, by posting a notice thereon and by publishing the same for three successive weeks in some popular newspaper published in the County of Washington Rhode Island town to possess adjourn such sale from time to time, providing that the publication of said notice shall be made reasonably timed, notice of postponement of the adjournment of sales, at least once each week in the same newspaper; and in this or their other representatives, and the expense of such sale shall be borne by the Mortgagor (for that purpose he and his presents duly authorized and appointed with full power to undertake all such steps and to pay all expenses associated therewith as purchaser or purchasers at sales such a good and sufficient deed of sale premises in fee simple as the purchaser or purchasers at such sale or sales may be entitled from such proceeds to retain all sums hereby secured, whether due then or to fall due then thereafter, or to any other sums now or hereafter due and unpaid or not yet fallen due on the same, together with all expenses incident to such sale or sales, or for any such deeds conveyed and delivered and any other costs, taxes, assessments costs or expenses incurred in the exercise of said powers and all taxes, assessments and premiums for insurance on the premises aforesaid, unpaid and due paid by the Mortgagee or then remaining unpaid, upon said premises granted, rendering and accounting for surplus of said proceeds, if any therebe, over and above the amounts so to be retained as aforesaid, together with a true and particular account of such sale AHA 490

540 or sales, expenses and charges to the Mortgagor, his heirs, executors, administrators and assigns, which sale or sales made as aforesaid shall forever be a perpetual bar in law and equity against the Mortgagor, their heirs, executors, administrators, successors and assigns, and all persons claiming under said premises. And the Mortgagor hereby further covenant that he will, upon request, execute such deed or deeds conveyory of such sale or sales as may be required. Notice of the exercise of any option granted to the Mortgagee herein, or in the noted security herebelow, is not required to be given. The covenants herein contained shall bind the, 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, 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 23rd day of June in the year of our Lord one thousand nine hundred and fifty-three. Signed and sealed in presence of: Frank L. Crandall as to both CHARLES J. DAURAY (SEAL) LUCILLE J. DAURAY (SEAL) STATE OF RHODE ISLAND County of Washington In South Kingston, on the 23rd day of June, A.D. 1953, before me personally appeared the above named Charles J. Dauray and Lucille J. Dauray, 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. FRANK L. CHANDALL (Notarial Seal) Notary Public. Received for record June 23rd, A. D. 1953 at 4:36 o'clock, p. m., and recorded by [Signature] Town Clerk --- Lnd Rec Bk 33 p 538 (convey to mortgage) The Industrial National Bank of R.I. having received full payment and satisfaction of the within mortgage, hereby cancels and discharges the same. IN TESTIMONY WHEREOF, said The Industrial National Bank has caused these Presents to be signed and its Corporate Seal, to be hereunto affixed by its Proper Officers and duly authorized, this Tenth day of May, A. D. 1956. Signed and Sealed in presence of KAREN MCMASTER THE INDUSTRIAL NATIONAL BANK (Corp Seal) BY LEROY C. MUTTFORD Manager HUDSON C. SCOTTERGOOD Assistant Manager Received for record May 13th A. D. 1956 at 2:05 o'clock, p.m., and recorded by [Signature] Deputy Town Clerk