6/24/1954 · MORTGAGE · book 34 page 173 doc 3877@34/173

173 KNOW ALL MEN BY THESE PRESENTS: That we, JAMES W. DOWNS and ANNA DOWNS, husband and wife, of Charlestown, Rhode Island, hereinafter called the "mortgagors," in consideration of Five Thousand Five Hundred & 00/100 ($5,500.00) Dollars, to us paid by INDUSTRIAL NATIONAL BANK of Providence, 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 together with the buildings and other improvements thereon, situated near the village of Ninigret, Carolina, of the Town of Charlestown, County of Washington, State of Rhode Island, and bounded and described as following:— BEGINNING at a point on the southeasterly side of the Highway from State Highway to the easterly corner of the premises herein conveyed and at the northeasterly corner easterly side of land of Ernest G. B. Champion and wife; and thence running westerly, and thence southerly to said Champion's land, running South Four Hundred (400) feet to a southerly by said Champion's land, running northerly, maintaining a distance of Four Hundred (400) feet distant from and parallel to said Champion's highway, a distance of Four Hundred (400) feet, to the westerly side of the Highway, a distance of Four Hundred (400) feet, to the westerly boundary of said State Highway, from Four Hundred (400) feet, to the westerly side by State Highway distance of One Hundred Fifty (150) feet to the point and place of beginning of said parcel; bounded southerly by however the land of Ernest G. B. Champion and wife, westerly and northerly by land of John S. Woodmansee, Jr. and by east and southeasterly by the Highway. Same premises conveyed to the mortgagors by the deed from John E. Woodmansee, Jr. dated March 25, 1953 and recorded in Book 33 page 450 of Charlestown Land Evidence 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 received by the mortgagor, the receipt whereof is hereby acknowledged, the exact terms of which are on record in said Charlestown Land Evidence in Book 34, at page 40. Said covenants and agreements are hereby 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 the consideration aforesaid, we, said mortgagors release to the mortgagees all the right of (dower)&(curtesy) and all other rights, statutory or otherwise, in the aforesaid described premises. IN WITNESS WHEREOF, the parties have executed these presents on the 21 day of June, 1954. Executed in presence of Harold B. Soloweitzik JAMES W. DOWNS ANNA DOWNS INDIVIDUAL ACKNOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 21 day of June, 1954, before me personally appeared the above named James W. Downs and Anna Downs to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. HAROLD B. SOLOWEITZIK Notary Public Received for record June 24th, A.D. 1954 at 3:05 o'clock, [?], and recorded by [?] Town Clerk