4/7/1954 · MORTGAGE · book 34 page 85 doc 3790@34/85

85 KNOW ALL MEN BY THESE PRESENTS: That I, LAVINIA H. CHAMPAGNE, widow, of the Town of Charlestown, County of Washington, State of Rhode Island, (hereinafter called the mortgagor) in consideration of TWO THOUSAND and 00/100 ($2000.00) Dollars to me paid by THE WASHINGTON TRUST COMPANY, a Corporation created by act of the General Assembly of the State of Rhode Island, 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, A certain tract or parcel of land with the buildings and other improvements thereon, situated in the Village of Carolina, Town of Charlestown, County of Washington and State of Rhode Island, which is bounded and described as follows, to wit: BEGINNING at a stone wall at the highway leading from the Village of "ross" mills to the Village of Carolina about four rods southerly from the southwest corner of babe- Robert E. Holloway and wife and thence in said highway land and four rods easterly parallel with the south line of said highway; thence one hundred seventy five rods southeasterly with the line of said highway; thence one hundred seventy five rods southeasterly by land of [?] H. and Abbie J. Reynolds; thence southeasterly by land of [?] H. and Abbie J. Reynolds; thence southerly and northerly bounding westerly by said one hundred seventy five rods bounded and described as before mentioned; or as the same may be hereafter bounded and described. Being the same premises described in deed of John H. and Abbie J. Reynolds to the Westerly Automatic Telephone Company dated March 13, 1909, recorded in Book 365 Page 196 of the Land Evidence Records of said Town of Charlestown, subject to the condition to maintain lime fences contained therein. Also being the same premises conveyed to the mortgagor herein by deed from the Westerly Automatic Telephone Company, as will appear of record in the Land Evidence Records of said Town of Charlestown. I hereby covenant that I am unmarried, and 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 I, the said mortgagor, do hereby, for myself, and for my heirs, executors, administrators, covenant with the said Washington Trust Company, its Successors and Assigns, that I am lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances; that I 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 I, and the said mortgagor will, and my 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 said mortgagor, or her heirs, executors, administrators or assigns, shall fail to pay unto the said Washington Trust Company, its Successors or Assigns, the sum of Two Thousand and 00/100 ($2000.00) Dollars at its Banking House in said Westerly, 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 premiums therefor upon demand, all of 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 mortgagor promises to pay the Washington Trust Company or order, the sum aforesaid with interest as aforesaid at the times 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 Two Thousand and 00/100 ($2000.00) Dollars, principal sum or of interest at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same first become payable, or of any either of them or of

86 them or of any part thereof, or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said The Washington Trust Company, its Successors or Assigns, to sell, together or in parcels, all singular and the premises hereby granted, or intended to be granted, or any part thereof and, the benefit and equity and redemption of the said mortgagor and her heirs, executors, administrators and assigns therein, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser shall be answerable for the application of the purchase money, first giving notice of the ten and time and place of sale, by publishing the same at least once each 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 notices; and in its or their own name or names, or as the attorney or attorneys of the said 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 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 sums hereby secured, whether then payable or to become payable thereafter, or the part thereof then remaining unpaid, and also the interest then due on the same together with all expenses in- cident to such sale or sales, and all counsel fees and other expenses, incurred in, or in- any way connected with, the exercise of those powers and all taxes, and assessments as afore- said and all premiums for insurance, either therefore paid by the said The Washington Trust Company, its Successors or Assigns, then remaining unpaid, and rendering to pay the surplus of the 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, ex- penses and charges, to the said mortgagor, her heirs, executors, administrators or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagor, and the said heirs, executors, administrators and assigns, and all persons claiming said premise sold by so, fun or under them or any of them. or as one. And the said mortgagor, for herself and for her heirs, executors, administrators and assigns, hereby covenants with the said The Washington Trust Company, its Successors and Assigns, that she or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. And FURTHERMORE, I, the said mortgagor, for myself and for my heirs, executors, ad- ministrators 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 Two Thousand and 00/100 ($2000.00) Dollars or in such great- er amounts as will prevent the operation of so-insurance clauses contained in such policies of insurance, and that the policy or policies of such insurance shall be assigned and trans- ferred, or made payable in case of loss, to the said The Washington Trust Company, its Success- ors and Assigns, as collateral security hereto, and in default thereof hereby agree that said The 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 if the said mortgagor for myself and for my heirs, executors, administrators and assigns 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 repaid, the same shall be added to said principal sum and shall be a further charge upon said premises granted and secured by these presents, as aforesaid.

87 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of April A. D. one thousand nine hundred and fifty-four. Signed, sealed and delivered } LAVINIA H. CHAMPAGNE in presence of } Alfred C. Baker } STATE OF RHODE ISLAND, } } County of Washington } In Westerly, on the 6th day of April A. D. 1954 before me personally appeared the above named mortgagor, Lavinia H. Champagne, widow, to me known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument, by her exe- cuted, to be her free act and deed. HAROLD B. SOLOVEITZIK Notary Public Received for record April 7th, A. D. 1954 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk THE WASHINGTON TRUST COMPANY, in the Town of Westerly, County of Washington, State of Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Records of Charlestown, Rhode Island in Real Estate Mortgage Book Number 34 Page 85 does hereby cancel and discharge the same. IN TESTIMENT WHEREOF, said Company has caused these Presents to be signed and its corporate seal to be hereunto affixed by its Treasurer duly authorized this 4th day of August A. D. 1965. Signed and Sealed THE WASHINGTON TRUST COMPANY (Corporate Seal) in presence of Raymond H. Holberton Charles G. Buffum Received for record August 5th, A. D. 1965 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk