8/15/1953 · MORTGAGE · book 33 page 602 doc 3606@33/602

602 KNOW ALL MEN BY THESE PRESENTS: That We, Robert N. Clarke, and Jean M. Clarke, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island (hereinafter called the Mortgagors) in CONSIDERATION of Nine Thousand and 00/100 ($9000.00) Dollars to us paid by the WASHINGTON TRUST COMPANY, a Corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, the receipt whereof is acknowledged, do, hereby grant, bargain, sell, and convey unto the said Washington Trust Company, its Successors and Assigns, forever, That certain lot or tract of land, with all buildings and improvements upon 그것, thereon, situate and being in the Town of Charlestown, County of Washington, State of Rhode Island, described in the said Mortgage as Lot Number 6 (or on that certain plan or plat entitled, "Ocean View Subdivision Charlestown, R.I., W. A. M. Wilcox -- Authorized Agent. Signed W. A. Wilcox, R.I. Surveyor, filed in the Office of the Town Clerk, Charlestown said "Town of Charlestown. Said lot Number 6 bounded on southerly, by Lot Number 5, as shown on said plat; a distance of One Hundred (100) feet, more or less; Easterly by Lot Number 5, as shown on said plat; a distance of One Hundred (100) feet, more or less; Northerly, by the Post Road, as shown on said plat, a distance of One Hundred (100) feet, more or less; and Westerly, by Lot Number 7, as shown on said plat, a distance of 189.92 feet, more or less. Expressly excepting from said conveyance the right to use "Briarwood Road" and "Pine Road", as shown on said plat. Being the same premises conveyed to Robert N. Clarke, et ux by deed of Grace G. Davitt, dated the 11th day of October, 1952, and recorded in Land Evidence Records of the Town of Charlestown, Book No. 33 at page 302. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and to the use of the said Washington Trust Company, its Successors and Assigns, forever. And, we the said mortgagors do hereby, for ourselves and our heirs, executors and administrators, covenant with the said Washington Trust Company, its Successors and Assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances; that we have good right, full power and lawful authority to sell and convey the same in manner aforesaid; that the said Washington Trust Company, its Successors and Assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we, the said mortgagors will, and our heirs, executors and administrators shall, warrant and defend the same to the said Washington Trust Company, its Successors and Assigns, forever, against the lawful claims and demands of all persons, and will also pay the moneys, taxes, assessments and other expenses hereby secured as hereinafter provided. PROVIDED, NEVERTHELESS that if the said mortgagors, or their heirs, executors, administrators or assigns, shall pay unto the said Washington Trust Company, its Successors or Assigns, the sum of Nine Thousand and 00/100 ($9000.00) Dollars at its Banking House in State Hope Valley, R. I. from the date hereof, with interest thereon, at the rate of five (%) per centum per annum, payable as provided in a certain negotiable promissory note of even date herewith, and shall also pay all taxes and assessments of every kind assessed or imposed upon or in respect of said premises, or upon the said Washington Trust Company, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that may be hereafter enacted, and shall maintain insurance on said premises as hereinafter provided and pay the premium therefor upon demand, all said payments to be paid at the several times of payment in currency of the United States, then this deed as also promissory note whereby said mortgagors promise to pay the said Washington Trust Company or order, the sum aforesaid with interest at aforesaid times the aforesaid, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said Nine Thousand and 00/100 ($9000.00) Dollars principal sum or of said interest at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same first become payable, or any of either or them or of any part thereof, or if breach shall be made of the first covenant for insurance hereinafter

603 contained, then it shall be lawful for the said The Washington Trust Company, its Successors or Assigns, to sell, together or in parcels, all and singular the premises hereby granted, or intended to be granted, or any part or parts thereof, and the benefit and equity of redemp- tion of the said mortgagors and of the said heirs, executors, administrators and assigns therein, at public auction and, to bid for and become the purchaser at any such sale, and no other pu- rchaser shall be answerable for the application of the purchase money, first giving notice of the time and place of sale, by publishing the same at least once each week for three successive weeks in some newspaper published in Washington County 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; and 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 appointed 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 premises sold in Fee simple; and to receive the purchase moneys, and therefrom to retain all sum hereby secured, whether then payable or to become payable thereafter, or the part thereof then remaining unpaid, and all interest then due on the same, together with all ex- penses incident to such sale or sales, and all counsel fees and other expenses, incurred in, or in any way connected with, the exercise of these powers and all taxes, and assessments as afore- said and all premiums for insurance, either heretofore paid by the said The Washington Trust Company, its Successors or Assigns, or then remaining unpaid, and rendering the surplus and paying 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 or assigns, which sale or sales shall sales forever be a perpetual bar both in law and equity against the said mortgagors, and their heirs, executors, administrators and assigns, and all persons claiming said premises so sold by, from or under any one or any of them. And the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said The Washington Trust Company, its Successors and Assigns, that they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, We, the said mortgagors, for ourselves and for our heirs, executors, admin- istrators and assigns, hereby covenant with the said The Washington Trust Company, its Successors and Assigns, that insurance against loss by fire or any other casualty which may be specified by the mortgagee shall be kept and maintained on the buildings on the premises aforesaid in such office or offices as the said Company, its Successors and Assigns, shall approve, in a sum not less than Nine Thousand and 00/100 ($9000.00) Dollars or in such greater amounts as will prevent the operation of co-insurance clauses contained in such policies of insurance, and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said The Washington Trust Company, its Successors and Assigns, as collateral security hereto, and in default hereof agree that the said Washington Trust Company, its Successors or Assigns, may pay from time to time any premiums which may be necessary to maintain existing insurance or may effect new insurance; and the said mortgagors for ourselves and for our heirs, executors, administrators and assigns hereby agree to repay to the said The Washington Trust Company, its Successors or Assigns, upon demand any premiums paid by it or them, and if not re- paid, the same shall be added to said principal sum and all shall be a further charge upon said said premises granted and secured by these presents, as aforesaid. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7th day of August, A. D. one thousand nine hundred and fifty-three. Signed, sealed and delivered in presence of } ROBERT N. CLARKE Stephen J. Zegarzewski } JEAN M. CLARKE

604 STATE OF RHODE ISLAND, ) ) County of Washington ) In Hopkinton on the 7th day of August A. D. 1953 before me personally appeared the above named mortgagors, Robert N. Clarke and Jean M. Clarke, husband and wife, each and all to me known and known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by them executed, to be their free act and deed. STEPHEN J. ZEGARZEWSKI Notary Public Received for record August 15th, A. D. 1953 at 9:45 o'clock, a. m., and recorded by [signature] Town Clerk ---- RELEASE OF MORTGAGE THE WASHINGTON TRUST COMPANY, in the Town of Westerly, County of Washington, State of Rhode Island, having received full payment and satisfaction of a mortgage dated August 7, 1953, made to it by Robert N. Clarke and Jean M. Clarke, both of the Town of Charlestown, in the County of Washington and said State of Rhode Island, recorded in the Recorder's Land Evidence Book of the Town of Charlestown, in Real Estate Records Evidence Book 33, page 602-3-4, does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Company has caused these presents to be signed and its Corporate Seal to be hereunto affixed by its Treasurer duly authorized, this 21st day of April, A. D. 1955. (Corporate Seal) THE WASHINGTON TRUST COMPANY Its Treasurer By David Robertson Signed and Sealed in presence of John S. Budge Received for record April 21rd, A. D. 1955 at 10:05 o'clock, a. m. and recorded by [signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED We, RALPH DEBALLARD CLARKE and LUCY FRENCH CLARKE, husband and wife, both formerly of Hartford, Connecticut, now of Fishers Island, County of Suffolk and State of New York, for consideration paid grant to WILLIAM G. WHEELOCK, JR., and WINIFRED T. WHEELOCK, husband and wife, both of West Hartford, County of Hartford and State of Connecticut, as joint tenants and not tenants in common, meaning to survive with the WARRANTY COVENANTS. A certain tract or parcel of land located on the westerly side of Midland Road, so called, at Quonochontaug Beach in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows to wit: Beginning at a stone bound set in the ground on the westerly line of Midland Road, so called, running thence southerly along the southeasterly corner of the premises herein conveyed and the southeasterly corner of the land of Fred L. Roman, thence southerly, along the westerly line of Midland Road one hundred twenty (120) feet, more or less, to a stake at the northerly corner of the premises herein conveyed, thence northerly herein conveyed at land of Norman A. Larsen, et ux, thence westerly along a line running south 12 degrees 15 minutes west 112 feet of the point being at the southeasterly corner of the premises herein conveyed, said point also being one hundred (100) feet, a. m., from the southeasterly corner of the land of Fred L. Roman, thence northerly along the southeasterly corner of the premises herein conveyed, said point being also the northeasterly corner of land of Fred L. Roman, thence easterly one hundred ninety five (195) feet five (125) feet to the point and place of beginning. Said parcel is bounded northerly by land of Norman A. Larsen, et ux, easterly by Midland Road, so called, southerly by land of Fred L. Roman, ux et ux easterly and by land of Hugo R. Connor, et ux. Meaning and intending to convey lots #297 and #299 as shown and delineated on a certain plan or plat entitled "Plat of Quonochontaug Beach, Rhode Island" made by Fred L. Roman, surveyor, and filed with L. Holland, C. E., 100 feet to the inch, February, 1926. Said plan being duly filed with the Land Evidence Recorder's Office in Charlestown. The above described premises shall be used as a site for only one residence on each lot hereby conveyed and said residence shall be a frame building (not to exceed $10,000) ($1000 Dollars), to be built in accordance with the building line, which is 20 feet from the street line of Midland Road; no portion of the house (porch included) shall approach said building line, and no other building or buildings of any building erected on these lots shall approach the side lines of said lots nearer than twenty (20) feet. All toilets and other building lines of buildings shall be erected thereon and all toilets must be sanitary flush toilets and sinks must drain into a septic tank or tanks or suitable cesspool.