11/17/1953 · MORTGAGE · book 33 page 670 doc 3674@33/670

670 I, JENNIE E. WILCOX, of the Town of South Kingstown, County of Washington, State of Rhode Island, holder of a Mortgage by Robert E. Crandall and Virginia A. Crandall, dated April 7, 1943, recorded in the Records of Land Evidence, of the Town of Charlestown, County of Washington, State of Rhode Island, in Book No. 29 at Page 58, for consideration paid grant and assign said Mortgage and the note and claim secured thereby to JESSIE W. BLISS, of the Town of South Kingstown, County of Washington, State of Rhode Island. WITNESS my hand this 17th day of November, A. D. 1953. JENNIE E. WILCOX STATE OF RHODE ISLAND, ETC.) ) County of Washington ) In Charlestown, on the 17th day of November, 1953 before me personally appeared Jennie E. Wilcox, to me known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument, by her executed, to be her free act and deed. LINTON L. BROWN Notary Public Received for record November 17th, A. D. 1953 at 10:15 o'clock, a. m., and recorded by (FOR DISCHARGE OF MORTGAGE, SEE BOOK 29, PAGE 58) [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That we, LOUIS R. BALESTRACCI, JR., and HELEN N. BALESTRACCI, husband and wife, both of the Town of Charlestown, in the County of Washington and State of Rhode Island, (hereinafter called the mortgagors) in consideration of Sixty-four hundred ($6400.00) Dollars to us paid by the WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, a corporation legally incorporated, and established and transacting business in the Town of Westerly, in the County of Washington, and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, (hereinafter called the mortgagee), its successors and assigns, forever, Those two certain parcels or tracts of land situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: FIRST TRACT: Beginning at a point on the southerly side of the State Highway, commonly known as "Carolina-Rod River Junction Road," at the northeasterly corner of the premises of Louis G. Tucker, et ux, and at the northeasterly corner of the premises hereinafter conveyed, running easterly, some twenty meters, more or less, northerly by said State Highway, a distance of one hundreded fifty (150) feet more or less, to an abutment of a stone wall, thence running thence southerly, ninety thousand [?] right angles and running in a general southerly direction until it comes to another iron pipe, distance 117 feet, being the boundary line of a stone wall which marks the northerly or northeasterly boundary line of premises of said Louis G. Tucker, et ux; thence following the line of said stone wall in a general northeasterly direction to a point of beginning to heaven [?] otherwise the same may be bounded. Said tract being bounded northerly by said State Highway, easterly by land of Caroline V. Brundage; and westerly by land of Louis G. Tucker, et ux.

671 SECOND TRACT: Beginning at a point on the above mentioned State Highway at the northeasterly corner of the above described first tract; thence running easterly entered bounded northeasterly by the said highway, a distance of one hundred fifty five (155) feet, more or less, to an iron pipe driven into the ground; hereint thence running southerly in a straight line, until it comes to another iron pipe driven into the ground; thence running westerly, marking the southern boundary of said "first Tract" thence running northerly, bounded westerly by said "first Tract" thence to the point of beginning. Being the same premises which were conveyed to said Louis R. Balestracci, Jr. and Helen N. Balestracci by Louis R. and Helen S. Balestracci by a deed dated April 7, 1948, recorded in the Land Evidence Books of said Town of Charlestown Book 31, page 478. Together with all buildings now or hereafter on the premises erected thereon, all the hereditaments, appurtenances, rights, easements thereunto belonging or in any way hereafter appertaining, the rents, issues and profits thereof and, all plumbing, heating, lighting and other fixtures, equipment and articles now or hereafter attached thereto. To HAVE AND TO HOLD the aforementioned premises, with their appurtenances, and unto the use of the said mortgagee, his successors and assigns forever. And the said mortgagors do hereby, for themselves and for their heirs, executors and administrators, covenant with the said mortgagee, and its successors and assigns, that they are lawfully seized of the same; that they have good right to mortgage the same; that the same are free from all incumbrances; that they have good right, full power and lawful authority to sell and convey the same and to mortgage the same; and that they will warrant and forever defend all and sundry of the these premises at all times hereafter peaceably and quietly have and enjoy the said premises; and that they will warrant and forever defend all and sundry of the said premises against the lawful claims and demands of all persons whomsoever; and that they will warrant and defend the same to the said mortgage, and its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever. PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition that if said mortgagors, or their heirs, executors, administrators or assigns, shall fail to pay unto the said mortgagee, or its successors and assigns, the sum of five thousand dollars ($5,000.00), together with the interest thereon, in two hundred four (204) monthly installments of Forty-five and 64/100 ($45.64) Dollars, each payable on the twenty-eighth day of every month and of each successive month thereafter, beginning on the twenty-eighth day of December of nineteen hundred and fifty three (1953), with interest thereon at the rate of twenty two (22) per cent per annum until paid in full, and all the manner and according to the terms of a certain promissory note executed by said mortgagors with said mortgagee; and that will be dated the twenty-eighth day of November, nineteen hundred and fifty three (1953), on payment of which the hereby secured estate shall be released and the same become due and payable, and shall be performed thereafter in every particular, and that if default shall be made by the said mortgagors, on the part of the said mortgagors, or their heirs, executors, administrators and assigns, to be paid perform any of the covenants herein contained, or if said promissory note shall become and be collectible void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the sum of money above mentioned at the time or times hereunto annexed or in the payment of the taxes, assessments, insurance or other water rates hereinafter specified, or if any other sum or money the payment of which is hereby or herein or therein provided, and such default shall continue for thirty (30) days after the thirty (30) days shall be made of the conveyance for insurance hereby hereinafter contained or in the performance of any other of the covenants herein contained, then the said mortgagee, or its successors and assigns, whether or if the whole or said principal sum shall not be paid when lawfully declared to be immediately due and payable, then it shall be lawful for the said mortgagee, or its successors and assigns, together or in parallels, all and singular the premises hereby granted, or intended to be granted (herein called the premises) at any time or times hereafter, and without any further notice or redemption of the said mortgagors, and their heirs, executors, administrators and assigns therein, to take possession of the premises and to sell the same at public auction, and at such time, place and manner as the said mortgagee, or its successors and assigns, shall be answerable for the application of the purchase money, first giving notice of the time, place and manner of such sale by publishing notice of the same once a week for three consecutive weeks in some newspaper published in said town of Westerly with power to adjourn such sale from time to time and to continue the same by giving such further notice of adjournment or adjournments, at least once each week in the same newspaper; such sale shall be deemed to be valid as to all parties concerned, whether or not notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of the adjournment or the notice of

672 1. To pay all indebtedness hereby secured in accordance with the tenor of said note, all taxes and assessments of every nature levied or to be levied upon said premises or upon the mortgages, its successors or assigns, in respect to this mortgage or mortgage note, and under other statutes now in force or that may hereafter be enacted, all premiums for insurance maintained upon said premises, and all other charges hereby expressly declared to be herein provided. 2. To keep and maintain insurance against loss by fire upon the buildings upon said premises, and payable in case of loss to said mortgagees and successors and assigns, in at least such amount, not less than Sixty-four hundred ($6400.00) Dollars and not more than Eighty-five hundred ($8500.00) Dollars, so as to prevent the operation of coinsurance clauses, and in such fons and in such company or companies as shall be satisfactory to the mortgagees, its successors and assigns, recognizing that the mortgagees who are hereby authorized to effect such insurance through such agents or brokers as they may select; all insurance effected upon said premises, by the mortgagees, their successors or assigns, executors, administrators and assigns, or whether not required by the mortgage, its successors and assigns, shall be for the benefit of the mortgagees, its successors and assigns, and shall be delivered to said mortgagees, its successors and assigns hereby making, constituting and appointing as their attorney in fact for the time being, said WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, or its successors, their true and lawful attorney or attorneys to collect and receive for the name and same in their own and uncontrolled discretion of said attorney, to demand, adjust, sue for, compromise and settle any and all claims for loss or damage, and to execute any such releases and give discharging receipts for any and all sums received in settlement of loss thereto, and said attorney is hereby authorized to deduct therefrom the attorney's fees used in connection therewith, and to deliver the remainder thereof to said mortgagees, its successors and assigns, and we shall apply the same and any unearned premium of or dividend upon any canceled insurance, notwithstanding any claim of any other or subsequent lien upon said premises, at its or their election to the payment of any taxes, assessments or installments of the indebtedness hereby secured, whether or not then due, or in reimbursement of advances, for taxes, assessments or insurance premiums paid upon the cost of repairing or restoring the damaged buildings or improvements. 3. To maintain all buildings upon said premises in good repair, and not to cause or permit walls, doors, or windows to be removed without first making known the same consent of the mortgagees, its successors and assigns. 4. That all mounts advanced by the mortgagees, its successors and assigns for the payment of taxes, assessments or insurance premiums shall be repaid upon demand, and until repaid shall be added to the unpaid principal of the indebtedness hereby secured, and shall bear interest at the same rate as said indebtedness, and, together with such interest, shall be a further lien upon the premises secured by these presents. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 16th day of November, A. D. one thousand nine hundred and fifty-three. Signed, Sealed and Delivered in presence of Henry Harris Loretta Mich LOUIS R. BALESTRACCI, JR. (SEAL) HELEN N. BALESTRACCI (SEAL) STATE OF CONNECTICUT } } SC. COUNTY OF NEW LONDON } In Pawcatuck, on the 16th day of November, A. D. 1953, before me personally appeared Louis R. Balestracci, Jr., and, Helen N. Balestracci, both to me 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. HENRY HARRIS (Notarial Seal) Notary Public Received for record November 17th, A. D. 1953 at 3:08 o'clock, p. m., and recorded by [Signature] Town Clerk The WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, having received full payment of all sums due on this Mortgage, does hereby cancel and discharge the same. In testimony whereof, said Association has caused its corporate name and seal to be thereto affixed by the Treasurer hereof duly authorized, this 24th day of April, 1962. In presence of JAMES J. MORRISON WESTERLY SAVINGS FUND AND LOAN ASSOCIATION By A. Angela Keogh, Treasurer (Corporate Seal) Received for record April 25th A.D. 1962 at 9:20 o'clock A.M. and recorded by [Signature] Deputy Town Clerk