1/20/1954 · MORTGAGE · book 34 page 21 doc 3720@34/21

51 KNOW ALL MEN BY THESE PRESENTS: That I, LYDIA K. BOTKA (alias Lydia Katharina Botka), of Charlestown, Rhode Island, hereinafter called "the mortgagor," in consideration of Three Thousand Three Hundred Eight ($3,308.00) Dollars, to me paid by INDUSTRIAL TRUST CO, a national banking association organized and existing under the laws of the United States of America, with its principal place of business in the City and County of Providence, in the State of Rhode Island, hereinafter called "the mortgagee," the receipt whereof is hereby acknowledged, do hereby grant to the mortgagee, its successors and assigns forever, with MORTGAGE COVENANTS, to secure the payment of the principal and interest of a certain promissory note of the mortgagor of even date herewith and bearing the serial number hereof, the following: That certain tract or parcel of land with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to-wit: BEGINNING at a cement post set in the ground on the northerly shore of Pasquisset pond at a point two hundred seventy (270) feet, more or less, easterly from the easterly corner of premises of Norman and Elizabeth Wikening; thence running northerly, bounded easterly by land of Norman and Elizabeth Wikening; thence running northwesterly, bounded westerly by land of Norman and formerly of Edward Wikening et al., until intersecting a other cement post set in the ground; thence running northerly, a distance of fifty feet, bounded easterly by land of Ernest R. Beresford; thence running northwesterly, a distance of fifty feet, bounded westerly by land of Ernest R. Beresford, to the ground at the northwestly corner of the premises herein described, and now or formerly of Elizabeth Wikening; thence running southwesterly, bounded westerly by land of Sarah Botka and by Basil Baker et ux, until intersecting a stone bound set in the ground; thence running southerly, bounded easterly by said Pasquisset pond; thence running southeasterly, bounded southerly by said pond, to the point and place of beginning; or however otherwise bounded or described end. Also, one other lot of swamp and wood land situated in said Charlestown, containing thirty (30) acres more or less, and is bounded westerly on land now or formerly of the heirs of John W. Tuskey; southerly on land now or formerly of Paley Brown; easterly on land formerly or now of Elizabeth Wikening; northerly on land of February Brown; or however otherwise the same may be bounded or described. Reference is hereby made and had to two deeds to this mortgagor, one from Hilda N. Botka, dated September 19th 1933, recorded in book 28, page 524 of the Land Evidence Records of said Town of Charlestown, and the other from Edward Wikening, dated December 6th, 1941, and recorded in book 28, page 991 said records. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; provided, however, that publication of notice of a foreclosure sale may be made alternatively in a public newspaper published in the City of Providence, and that a foreclosure sale may be held upon the premises or elsewhere at the option of the mortgagee, as specified in said notice. This mortgage is made subject to those additional covenants and agreements contained in a STATEMENT OF COVENANTS AND AGREEMENTS, a copy thereof having this day been delivered to the mortgagor, the receipt whereof is hereby acknowledged, the exact terms of which are on record in said Charlestown Land Evidence book in 34, at page 40. Said covenants and agreements are hereby by reference made part of this mortgage, and if default shall be made in the performance or observance of any of the same, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for and consideration aforesaid, I, Norbert L. Botka, husband of the mortgagor releases to the mortgagee all right of curtesy and all other rights, statutory or otherwise, in the aforesaid described premises. IN WITNESS WHEREOF, the mortgagor has executed these presents on the 15th day of February, 1954. NORBERT L. BOTKA LYDIA K. BOTKA LYDIA KATHARINA BOTKA Executed in presence of Wilfred L. Gaten INDIVIDUAL ACENOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In South Kingstown on the 15th day of February, 1954, before me personally appeared the above named Lydia K. Botka and Norbert L. Botka to me known and by me known to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. HAROLD B. SOLVEITZIK Notary Public Received for record February 15th, A. D. 1954 at 5:00 o'clock, P. M., and recorded by [?] Town Clerk (FOR DISCHARGE OF ABOVE MORTGAGE SEE BOOK 39, PAGE 521)