7/16/1953 · DEED · book 33 page 565 doc 3567@33/565

565 TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME: WHEREAS, Joseph E. Marshall and Dorothy V. Marshall, of the Town of Charlestown, County of Washington, State of Rhode Island, (hereinafter called the mortgagors) did on the 1st day of November, A. D. 1947, make and execute a deed of mortgage of real estate situated in the Town of Charlestown, State of Rhode Island, to Regina Stefano, of the Town of South Kingstown, County of Washington, State of Rhode Island, (hereinafter called the mortgagee) to secure the payment of a certain promissory note, as will more fully appear by reference to said deed, which is recorded in the land records of the Town of Charlestown for recording mortgages of real estate in book number 30 at page 578; and whereas said mortgagors, Joseph E. Marshall and Dorothy V. Marshall, by said deed of mortgage fully authorized and empowered the conveyed and sold the mortgage, Regina Stefano, her heirs and assigns, to sell and convey the property described in and conveyed by said deed of mortgage, under the conditions and in the manner specified in the same; And whereas the aforesaid deed of mortgage was made and given on the condition that if the promissory note mentioned and described therein, and the interest thereon, and the debts and claims thereby secured, should be paid according to the tenor thereof, then said deed to be void, otherwise to remain in full force and effect; And whereas default was made in the condition of said deed, in this: The interest on said promissory note and the said promissory note became due and payable and remained unpaid for more than thirty days before giving the notice of sale by advertisement hereinafter mentioned; And whereas the said Regina Stefano, after the deed had continued for more than thirty days advertised the premises described in said deed, for sale at public auction in the Westerly Sun, one of the public newspapers published in the County of Washington, at least once a week for three successive weeks before the day of sale named thereon, as set forth in the affidavit and notice of sale hereto attached and made a part hereof. And whereas at a public auction held upon the premises described in said deed of mortgage on the 7th day of July, A. D. 1953, at ten o'clock, a.m., daylight saving time, in pursuance of and in accordance with said advertisement and notice of sale, said default still continuing, the premises were purchased by Regina Stefano, being the highest bidder therefor, for the sum of Three Hundred Eighty-seven($387.00) Dollars. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Regina Stefano, in the exercise of the powers mentioned in said deed of mortgage, and for and in consideration of the sum of Three Hundred Eighty-seven($387.00) Dollars to her paid by Regina Stefano, heretofore of the Town of South Kingstown, State of Rhode Island, the receipt whereof is hereby acknowledged, has granted, given, bargained, sold and conveyed, and by these presents does give, grant bargain sell, give, convey and confirm unto the said Regina Stefano, her heirs and assigns forever. That certain tract or parcel of land situated and being in the Town of Charlestown, County of Washington, State of Rhode Island, together with the buildings and improvements thereon, bounded and described as follows: Northerly, by premises of the New York, New Haven and Hartford Railroad Company; Westerly by land now or formerly of Edward G. Hazard; Southerly, by land, formerly of Abiel A. S. [?] and easterly by the State Highway. Being the premises conveyed to Joseph E. Marshall and Dorothy V. Marshall by deed from Harry Marshall, dated May 26, 1947, and recorded in Book 30 at page 578. This conveyance is made subject to all unpaid Town Taxes. To Have and to Hold the same, with all the rights, privileges and appurtenances thereunto belonging unto her the said Regina Stefano, her heirs and assigns, to her and their use, benefit and behoof forever. IN WITNESS WHEREOF, Regina Stefano has hereunto set her hand and seal this 16th day of July, A. D. 1953. Signed and delivered in presence of Clinton G. Clough REGINA STEFANO (SEAL)

566 State of Rhode Island County of Washington In South Kingstown on the 16th day of July, A. D. 1953, personally appeared before me the above named Regina Stefano, attorney for Joseph E. Marshall and Dorothy V. Marshall, to me personally known and known by me to be the party executing the foregoing instrument and acknowledged signed instrument by her signed to be her free act and deed and the free act and deed of Joseph E. Marshall and Dorothy V. Marshall. CLINTON G. CLOUGH Notary Public. AFFIDAVIT I, Regina Stefano, on oath depose and say that I am the person who caused the sale mentioned in the preceding deed to be made. The following is a copy of the notice of sale that was advertised and in pursuance of which said sale was made. [Image of newspaper clipping] Mortgagee's Sale Will be sold at public auction on Tuesday, June 15, 1953, at 10 o'clock a.m. day following, the premises described in a certain mortgage deed dated November 1, 1937, from Joseph E. Mar- shall and Dorothy V. Marshall to Regina Stefano, of the Town of Charlestown, Rhode Island, and recorded November 1, 1937, in the office of the Town Clerk of Charlestown in book number 10 at page 570 of the records of the Town of Charlestown which premises are situated in the Town of Charlestown, County of Washington, State of Rhode Island, and are bounded and described as follows: Beginning at a point on the East side of the road leading from the town of Charlestown to New York, New Haven and Hartford Railroad, at a point 100 feet South of the road, by land, now or formerly of Stefano, a line running South 15 degrees West 120 feet to a point, then East 110 feet to a point, then North 15 degrees East 120 feet to a point, then West 110 feet to the point of beginning. Being the same premises now or formerly conveyed to Joseph E. Marshall and Dorothy V. Marshall by a certain deed dated May 24, 1937 from Mary Marshall, dated May 24, 1937 and recorded May 24, 1937 in book 10 page 565 of the records of the Town of Charlestown. By order of the mortgagee, the sale will be held at the premises, unless postponed or adjourned. WILSON, BURROUGHS & CLOUGH Attorneys for the Mortgagee. Said notice was published in The Westerly Sun, a public newspaper published in the County of Washington, four times to wit: June 11, June 18, June 25 and July 2, 1953. That said sale was made at public auction at the time and place designated in said notice, and the premises were sold by Earl C. Crandall, a duly qualified auctioneer. REGINA STEFANO (DOCUMENTARY STAMP, 55¢) State of Rhode Island County of Washington In South Kingstown on the 16th day of July, A. D. 1953 personally appeared before me the above named Regina Stefano and made oath that the above statement by her subscribed is true. CLINTON G. CLOUGH Notary Public. AFFIDAVIT I, Regina Stefano, before prior to foreclosure of certain mortgage made by Joseph E. Marshall and Dorothy V. Marshall to Regina Stefano, dated November 1, 1937, and recorded in the office of the Town Clerk of Charlestown in book number 10 at page 570 of the records of the mortgage in the Town of Charlestown (which said mortgage was foreclosed and premises sold by Earl C. Crandall, a qualified auctioneer on June 15, 1953), do hereby state, to the best of my knowledge, information and belief the present record owners of the property described in said mortgage are not "servicemen" as defined in Section 101 of the "Persons in the Military Service" of the United States defined as by the Soldiers and Sailors' Civil Relief Act of 1940, and are not now serving on active duty in the Armed Forces of America and as amended, and were not in "Military Service" as defined by said Act at the commencement of the within foreclosure proceedings or at the time of sale unless the amount of payment given by said record owners during the period of three months immediately preceding said sale. I further make affidavit and say that the above facts have been ascertained after investigation and publication made by me and that I am familiar with the contents of said "Soldiers and Sailors' Civil Relief Act of 1940" as amended. REGINA STEFANO State of Rhode Island County of Washington Subscribed and sworn to before me at South Kingstown this 16th day of July, A. D. 1953 Clinton G. Clough, Notary Public.