The instrument's own words
page 1 · read by Gemma vision
688
KNOW ALL MEN BY THESE PRESENTS, That we, John H. Burrows and Cora F. Burrows, husband and wife, both of the Town of Charlestown, Rhode Island, hereinafter called the Mortgagor, in consideration of the sum of Twelve Hundred Dollars ($1200.00), 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 grant, bargain, assign, sell and convey unto the Mortgagee, its successors and assigns, forever, all that certain real estate located as follows:
A certain lot or parcel of land, together with all buildings and improvements thereon, situate and being on the westerly side of the Town Highway, commonly known as "The Old Post Road", in the Town of Charlestown, County of Washington and State of Rhode Island, and shown and delineated as lot Number 10 on a plat of land of said Town of Charlestown, recorded in the Land Evidence Records of said Town of Charlestown in Book 30, page 173, and delineated thus as lot Number 10 on a plat of land of said Town of Charlestown between pages 174 and 175, entitled "PLAT OF WILLIAM V. TANKERSLEY, Plat of land in the Town of Charlestown, Rhode Island, property of Thomas & Dorothy Burrows, Surveyed and Platted May, 1952, Wilfred H. Rasterbrock, Civil Engineer, Sale 100' x 100' from the westerly line of land known as the SECOND TRACT in that certain warranty deed of Thomas W. Toolin, Jr. et al to Rhode Cove Land Company, dated and recorded April 1, 1932, and recorded in said Records of Land Evidence in Book 32, pages 470 and 471.
Together with the appurtenances and subject to the restrictions contained in a warranty deed dated December 27, 1931, from Thomas Burrows and Dorothy Cooper and Dorothy Cooper to John H. Burrows and Cora F. Burrows, recorded in said Records of Land Evidence in Book 33, page 607.
including all buildings and improvements thereon, or that may hereafter be erected thereon; together with the buildings and appurtenances and all other rights thereunto belonging or by ordinance 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 aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging, unto, and to the use of the Mortgagee, and 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 the 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.
And for the consideration aforesaid, we said Mortgagor, 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, and 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 Twelve Hundred Dollars ($1200.00), 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 as well as of the note securing hereby, then this instrument, as well as the note secured hereby, shall be void.
The Mortgagor further covenants as follows:
1. That he will pay the indebtedness as hereinbefore provided. The Mortgagor hereby authorizes the Mortgagee to extend the note by receipt of advanced interest thereon; or otherwise, all extensions thereof by payment of advanced interest, or otherwise, to be deemed authorized and requested by the Mortgagor until notice in writing is given to the Mortgagee not further to extend or renew the same. Privilege is reserved to pay the debt in whole or in part before its due date.
2. That his existing obligation to pay said indebtedness and to keep and perform all of the covenants and agreements contained in this mortgage, unless the Mortgagee shall hereafter expressly agree in writing to the contrary, shall not be discharged, released, or in any way changed or affected by the fact that another person or persons
page 2 · read by Gemma vision
689
(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 or pay-
ments, or performance of said covenants or agreements, or
3. That he will pay all taxes, assessments, water rates and other governmental or
municipal charges, fines or impositions, and in default thereof the Mortgagee
may pay the same, and shall be entitled to recover the same with interest from the date of such
payment at the same rate provided for in the principal indebtedness and
that shall be secured hereby; and that he will promptly deliver the official receipts
therefore to the Mortgagee.
4. That he will keep the premises in as good order and condition as they are now,
and he will not permit or commit any waste, unreasonable wear and tear
excepted therefore.
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, cas-
ualties, etc. against all risks, in amount not less than the said Mortgage debt in the hands of
its successors or assigns shall approve, in a sum not less than Twelve Hundred
dollars ($1200.00), and shall deliver the policy or policies thereon to its promisee or assignee.
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 hereby. If the Mortgagor shall fail to insure, or maintain such insurance, or
fails to make any payments for insurance premiums the Mortgagee may effect such
insurance, and all sums paid therefore 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 hazard the Mortgagee may elect to have the insurance money applied,
or any amount paid by any insurance company pursuant to the contract of insurance shall,
to the extent of the principal debt then existing under this Mortgage, and the balance
of, and it option may be applied to satisfy the debt or released for the repairing or re-
building of the premises damaged, and the terms of this Mortgage in its entirety, or other
transfer of title to the mortgaged property ensure in extinguishing of the debt
secured hereby, and all policies of insurance, and all proceeds of any insurance pol-
ices then in force, shall pass to the purchaser or grantee.
If there shall be a default in any of the terms, conditions or covenants of this mortgage,
or under the note so secured hereby, then it shall be lawful for the Mortgagee to sell, together or
in parcels, all and singular the premises hereby granted, or intended to be granted, or any part
or parts thereof, or any part remaining subject to this mortgage in case of partial release hereof
and the benefit and equity of redemption of the Mortgagor, and their heirs, executors, administra-
tors and assigns therein, at public auction upon the premises, or any part thereof, or elsewhere
as specified in the notice of sale, and to bid for and bid for and become the purchaser or purchasers at any
such sale, (and no other purchaser or purchasers shall be annuwerable for the application of the pur-
chase 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 public newspaper published in the County of
Washington, Rhode Island, with power to adjourn such sale from time to time, provided that the
publishing of said notice shall be continued, together with a notice of the adjournment or adjourn-
ments, at least once each week in the same newspaper; and in its or their own name or names, or as
the attorney or attorneys of the Mortgagor (for that purpose by these presents duly authorized and
appointed with full power of substitution and revocation), to make, execute and deliver to the pur-
chaser or purchasers at such sale a good and sufficient deed or deeds of sale in premises fee sim-
ple, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums
hereby secured, whether then due or to due then fall due thereafter, or the part thereof then remaining
unpaid, and also the interest then due on the same, together with all expenses incident to such
sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs
or expenses incurred in the exercise of said powers, and all taxes, assessments and premiums for
insurance, if any, either therefore paid by the Mortgagee or then remaining unpaid, upon said
granted premises, rendering and paying the surplus of said proceeds of sale, 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 Mortgagor, his heirs, executors, administrators
and assigns, which sale or sales made as aforesaid shall forever be a perpetual bar both in law
and equity against the Mortgagor, their heirs, executors, administrators and assigns, and all
persons claiming said premises release.
And the Mortgagor hereby further covenants that he, will, upon request, execute such deed
page 3 · read by Gemma vision
690
or deeds confirmatory of such sale or sales as may be required.
Notice of the exercise of any option 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 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 4th day of December in the year of our Lord one thousand nine hundred and fifty-three.
Signed and sealed in presence of:
Leroy C. Whitford
JOHN H. BURROWS (SEAL)
CORA F. BURROWS (SEAL)
STATE OF RHODE ISLAND
County of Washington
In South Kingstown, on the 4th day of December, A. D. 1953, before me personally appeared the above named John H. Burrows and Cora F. Burrows, 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.
LEROY C. WHITFORD
Notary Public
Received for record December 5th, A. D. 1953 at 2:25 o'clock, p. m., and recorded by
[Signature]
Town Clerk
----
The INDUSTRIAL NATIONAL BANK, of Providence, 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 Vice President and Associate Mgr. duly authorized, this 27th day of December A. D. 1956.
Signed and Sealed in presence of
Margaret B. Walker
The INDUSTRIAL NATIONAL BANK
By Everett J. Bateman, Vice-President
L. L. Betts, Assoc. Mgr.
Received for record December 28th, A. D. 1956 at 9:40 o'clock, a. m., and recorded by
[Signature]
Town Clerk
The page as recorded
