7/28/1953 · MORTGAGE · book 33 page 577 doc 3579@33/577

577 KNOW ALL MEN by THESE PRESENTS, That we, GUILLAUME L. PARENT and JEANNETTE L. PARENT, his wife, both of the City of Woonsocket, County of Providence and State of Rhode Island, hereinafter called the Mortgagor, in consideration of the sum of THIRTY-FIVE HUNDRED AND 00/100 Dollars ($1500.00), paid to us 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, (a) certain lots of land situated in the Town of Charlestown, County of Washington and State of Rhode Island Shore, separately described as follows, viz: FIRST LOT: That certain lot or land with all the buildings and improvements thereon situated at the southwestern corner of Sea Lea Avenue and Three Street in said Town of Charlestown, being laid out and designated as lot number one (1) on the Plat entitled "Sea Lea Colony in Charlestown and South Kingston, R. I. Proprietorship of R. L. Parent" and as shown on Plat Represent a part of Sea Lea Colony Surveyed and Platted 1931, 1933, 1934, 1936, 1937, 1939, Leon L. Loh surveyor. The said lot was conveyed to us by deed recorded in the Registry of Deeds in said Town of Charlestown in Plat Book 2 at Pages 46 and 47, Said lot numbered Twenty-two (22) is hereby conveyed SUBJECT TO restrictions particularly set forth in that certain deed from Norman L. Lebruce and Harriet M. Lebruce, his wife, to Lucien E. Landry and Gertrude E. Landry, his wife, dated January 24, 1940 and recorded in said Registry of Deeds in Book 45 at Page 156. SECOND LOT: That certain strip of land situated between Shore Way and Green Hill Pond in said Town of Charlestown, being laid out and designated as lot number two hundred twenty-four (224) on said "Sea Lea Colony" plat x2. Said lot numbered two hundred twenty-four (224) is hereby conveyed SUBJECT TO restrictions and conditions particularly set forth in that certain deed from said Norman L. Lebruce and Marie Rose Yvonne Lebruce, their children, to said Lucien E. Landry and Gertrude E. Landry, his wife, dated July 29, 1934 and recorded in the Registry of Deeds in Book 40 at Page 499. Being the same premises which were conveyed to us, mortgagees, as Joint Tenants, by deed from said Lucien E. Landry and Gertrude E. Landry, his wife, bearing even date herewith and to be recorded prior hereto. including all buildings and improvements thereon or that may hereafter be erected thereon; together with the hereditaments and appurtenances thereon or that may hereafter be erected thereon; 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 equipment and now hereafter attached to, or used in connection with said 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 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 aforesaid 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, except as aforesaid. And for the consideration aforesaid, we, said mortgagors, 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 Mortgagee or its successors or assigns, the sum of THIRTY-FIVE HUNDRED AND 00/100 Dollars ($1500.00), 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 contract as well as of the note recorded hereby, then this instrument, as well as the note secured hereby, shall be void. The Mortgagor further covenants as follows:

578 1. That they will pay the indebtedness as hereinbefore provided. The Mortgagor hereby authorizes the Mortgagee to collect the note by respite, or renewal, or extension thereof; all extensions or renewals thereof by payment of advanced interest thereon; or, to be deemed authorized and requested by the Mortgagor until notice in writing to the contrary, that the Mortgagee may further extend or renew the same. Privilege is reserved to pay the debt in whole or in part at any recit said note. 2. That their existing obligation for said indebtedness and to keep and perform all of the covenants and agreements contained in this mortgage, unless the Mortgage shall hereafter expressly agree in writing to the contrary, shall not be discharged, released, or otherwise affected or invalidated by the fact that another person or persons (a) shall become or be liable for the payment of said indebtedness, 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 or payments, or performance of any such agreements or covenants. 3. That they will pay all taxes, assessments, water rates and other governmental or municipal charges, fines or assessments due thereon. If default the Mortgagee may pay the same, and all sums so advanced shall bear interest from the date of such payment at the same rate provided for in the principal indebtedness and shall be secured hereby provided that he will promptly deliver the official receipts therefore to the Mortgagee. 4. That they will keep the premises in good order and condition as they are now, and he shall pay all premiums on fire and other reasonable insurance, war risks excepted. 5. That they will keep and maintain on the buildings now 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 or assigns may require, in an amount not less than THREE THOUSAND EIGHT HUNDRED AND 00/100 Dollars ($3,800.00), and will promptly pay during and 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, to the Mortgagee, as additional security hereof. If the Mortgagor shall fail to pay or maintain such insurance, or fails to make any payments for insurance premiums the Mortgagee may effect such insurance, and all sums paid therefor shall bear interest from the date of payment at the same rate provided for in the principal indebtedness and shall be secured hereby. If the premises covered hereby, or any part thereof, shall be damaged by fire or other hazards not covered by insurance, the Mortgagee may, at its option, apply the amounts paid by any insurance company pursuant to the contract of insurance shall, to the extent of the loss, be applied to the payment of the principal indebtedness, and the balance, if any, at its option, may be applied to the debt or released for the repairing or rebuilding of the damaged property, or the purchase of the premises, or in the event of other transfer of title to the mortgaged property in extinguishing of the debt secured hereby, all rights and privileges of the Mortgagee to recover in any insurance policies therein, shall pass to the purchaser or grantee. If there should be a default in any of the terms, conditions or covenants of this mortgage, or under the note, the entire sum remaining unpaid shall be left for the Mortgagee, to sell together, or in parcels, all or single the premises hereby granted, or to foreclose the same, at law or in equity, and the premises hereby granted, subject to this mortgage in case of partial release hereof and the benefit and equity of redemption of the same in favor of their heirs, executors, administrators and assigns thereof, at public auction upon the request of any party hereto, and the time and where as specified in the notice of sale, and to bid for and become the purchaser or purchasers at any such sale, and to apply the proceeds of such sale, except as provided for the application of the purchase money) first giving notice of the time and place of sale by publishing a notice thereof, once a week for three consecutive weeks in some paper newspaper published in said County of Washington or in the state or territory where the premises are located, providing that the publishing of said notice shall be continued. If the Mortgagee shall fail to publish the notice as aforesaid, it may adjourn such sale from time to time, provided that the publishing of said notice shall at least once per week in the same newspaper in their or in own name or names, or in the name of some person or persons, as the Mortgagee may direct, and the Mortgagee duly authorized and appointed with full power of substitution and revocation), to make payment of said sale or sales, and to apply the proceeds of such sale or sales, if sufficient deed or deeds of sale in fee simple, and to receive the proceeds of such sale or sales, and to apply the same to the payment of all sums then remaining unpaid, and also the interest due on the same to date, together with all expenses incurred, including attorney's fees, costs and expenses incurred in the exercise of power of sales, and all taxes, assessments, water rates and other governmental or municipal charges, for the counsel of attorneys, and all costs and expenses incurred in the exercise of power of sales, and all taxes, assessments, water rates and other governmental or municipal charges, paid by the Mortgagee or on the remaining unpaid, upon said grantee rendering, paying and making the payment of all sums then remaining unpaid, together with all sums and amounts so to be returned as aforesaid, together with a true and particular account of such sale or sales, and the balance of such proceeds, if any, to the Mortgagee, his administrators and assigns, which sale or sales, and sale or sales, made as aforesaid shall forever be a perpetual bar to any such sale or sales, the Mortgagee, their heirs, executors, administrators and assigns, and all persons claiming said premises. 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 power of sale 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

579 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 24th day of July in the year of our Lord one thousand nine hundred and fifty-three. Signed and sealed in presence of: Sam S. Tourtellet as to both GUILLAUME L. PARENT (SEAL) JEANNETTE L. PARENT (SEAL) STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Woonsocket, on the 24th day of July, A. D. 1953, before me personally appeared the above named Guillaume L. Parent and Jeannette L. Parent to me known and by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by them the executed to be their free act and deed. SAH S. TOURTELLET (Notarial Seal) Notary Public Received for record July 28th, A. D. 1953 at 10:05 o'clock, a. m., and recorded by [Signature] Town Clerk DISCHARGE OF MORTGAGE INDUSTRIAL NATIONAL BANK of Providence, having received full payment and satisfaction of a certain mortgage made by Guillaume L. Parent et ux to The Providence Union National Bank dated July 28, 1953 in the amount of Thirty-five Hundred and 00/100 Dollars and recorded in Charlestown R. I. in Mortgage Book No. 33, Page 577-579 does hereby cancel and discharge the same. and said INDUSTRIAL NATIONAL BANK of PROVIDENCE hereby covenants to and with the person making said payment that it is the present owner of said mortgage. IN TESTIMONY WHEREOF, Industrial National Bank of Providence has caused its corporate name and seal to be hereunto affixed by its proper officers thereunto authorized this 29th day of February A. D. 1960. INDUSTRIAL NATIONAL BANK OF PROVIDENCE (Corporate Seal) By Joseph M. Boisvert Manager By Rocco Grogan Per pro Received for record March 18th, A. D. 1960 at 1:00 o'clock, p. m., and recorded by [Signature] Town Clerk