6/10/1954 · MORTGAGE · book 34 page 159 doc 3865@34/159

159 and administrators, covenant with the said Grantees and their heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances, excepting as aforesaid; that we have good, right, full, power and lawful authority to sell and convey the same in manner as aforesaid; that the said Grantees and their heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we, the said Grantors, will, and our heirs, executors and administrators shall, warrant and defend the same to the said Grantees and their heirs and assigns forever against the lawful claims and demands of all persons excepting as aforesaid. IN WITNESS WHEREOF, we NORMAN L. BEHNEKE, and wife, MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands this 9th day of June in the year of our Lord One Thousand Nine Hundred and Fifty-four. (DOCUMENTARY STAMPS, $1.10) NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 9th day of June A. D. 1954, before me personally appeared NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, both to me and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument by them executed to be their free act and deed. LINTON L. BROWN Notary Public Received for record June 10th, A. D. 1954 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, JAMES E. REAY and SHIRLEY A. REAY, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, (hereinafter called the mortgagors), in consideration of FOUR THOUSAND and 00/100 ($4000.00) Dollars to be 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, Those certain lots or parcels of land, together with any and all buildings and improvements located thereon, situated in the Town of Charlestown, County of Washington, State of Rhode Island, shown and designated as Lots Numbers 9, 10, 11 and 12, on a "Map of Charlestown by the Sea, Charlestown, Rhode Island, owned and developed by Thomas P. Reilly, Scale 1" = 100 feet, dated July 25, 1934, K. W. Leighton, Civil Engineer, New Haven, Connecticut," and filed in the Office of the Town Clerk, said Town of Charlestown. Said lots form one tract bounded as follows: NORTHERLY : by Green Hill Road, as shown on said Map, One Hundred (100) feet, more or less; EASTERLY : by lot 8, as shown on said Map, 148.22 feet, more or less; SOUTHERLY : by Lots 48,49, 50 and 51, a distance of One Hundred (100) feet, more or less; and

160 WESTERLY : by Lot 13, as shown on said Map, a distance of 158.82 feet, more or less. Subject to restrictions as contained on said Map. Together with parking privileges on lot near ocean front. Being the same premises conveyed to the mortgagors herein by Manuel E. Marshall, by deed dated October 11, 1953, and recorded in the Land Evidence Records of the Town of Charlestown, R. I., in book No. 33 at Page 683. 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 for our heirs, executors and administrators, covenant with the said Washington Trust Company, its Successors 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 author- ity 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 peace- ably 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 said the Washington Trust Company, its Successors and Assigns, Forever, against the lawful claims and demands of all persons, and will pay the moneys, taxes, assessments and other expenses hereby secured as hereinafter provided. PROVIDED, HOWEVER, that if said mortgagors, or their heirs, executors, admin- istrators or Assigns, shall pay unto the said Washington Trust Company, its Successors or Assigns, the sum of Four Thousand and 00/100 ($4000.00) Dollars at its Banking House or Assigns, the sum of Four Thousand and 00/100 ($4000.00) Dollars at its Banking House or Assigns, the sum of Four Thousand and 00/100 ($4000.00) Dollars at its Banking House or Assigns, the sum of Four Thousand and 00/100 ($4000.00) 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 on due date herewith; and shall also pay all taxes and assessments of every kind assessed or imposed on or in respect of said premises or upon the said Washington Trust Company, or imposed on or in respect of this mortgage or mortgage debt, whether under 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 hereby wherewith said mortgagors promise to pay the said 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 Four Thousand and 00/100 ($4000.00) Dollars principal sum or of said interest at the times and in the manner aforesaid, or of the taxes or the assessments aforesaid as the same first become payable, or of any or either of 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 Washington Trust Company, its Successors or Assigns, to sell, together or in parcels, all and singular the premises hereby granted, to be granted, or any part or parts thereof, and the benefit and equity of redemption of the said mortgagors and their 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 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 or 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 own or their own name or names, or as the attorney or attorneys of the

161 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 pur- chasers 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 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 and aforesaids and all premiums for insu- rance, either therefore paid by the said The Washington Trust Company, its Successors or Assigns, over and then remaining unpaid, rendering and paying the surplus 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 forever be a perpetual bar both in law and in equity against the said mortgagors, their heirs, executors, administrators and assigns, and all persons claiming said premises so sold by, from or under them, 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, administrators 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 Four Thousand and 00/100 ($4000.00) 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 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 the said mortgagors for ourselves and for our 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 re- paid, the same shall be added to said principal sum and 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 9th day of June, A. D. one thousand nine hundred and fifty-four. Signed, sealed and delivered in presence of James W. Shaw JAMES E. REAY SHIRLEY A. REAY STATE OF RHODE ISLAND,) } ss. County of Washington } In Westerly on the 9th day of June, A. D. 1954 before me personally appeared the above named mortgagors, James E. Reay and Shirley A. Reay, husband and wife, each and all to me known, and known by me to be the parties executing the foregoing instrument, and they severally acknowl- edged said instrument, by then executed, to be their free act and deed. ISABELLE W. BOOK (Notarial Seal) Notary Public Received for record June 10th, A. D. 1954 at 9:06 o'clock, a.m., and recorded by [signature] Town Clerk (FOR DISCHARGE OF ABOVE, SEE PAGE 162)