9/25/1954 · MORTGAGE · book 34 page 289 doc 3996@34/289

289 KNOW ALL MEN BY THESE PRESENTS: That We, ERNEST E. GEE and ROSE S. GEE, husband and wife, both of the Town of Westerly, County of Washington (hereinafter called the mortgagors) and State of Rhode Island, in consideration of TWENTY-FIVE HUNDRED and 00/100 Dollars to us 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. A certain tract or parcel of land situate and lying in the Town of Charlestown, in the County of Washington and State of Rhode Island, known and bounded as described and as follows: viz: Lot number seventy-three (73) on the Plan of Quinesett Neck, Plan of Quinesett Neck, Beach, Charlestown, R. I. in the Town of Charlestown, Agents, Gentry fight the to ten'th October 1924, Ross & Lewis, Engrs. Revised November 19, 1925's plan or plat filed on file in the Town Clerk's office in the Town of Charlestown. EXCEPTING any portion of Lot No. 39 which has been heretofore conveyed. Together with all rights, privileges and easements appurtenant to the above described premises without restriction of height and type of building and without restriction as to improvements thereon to be placed thereon. Said premises are conveyed subject to conditions, restrictions and reservations of record. Being the same premises conveyed to the mortgagors herein by deed of Arthur E. Moore, executor of the will of Mary J. Hoxie and executor of the will of Asa T. Hoxie, by deed dated May 1, 1946, and recorded in Land Evidence of the Town of Charlestown, R. I. in Book 31, page 111, in which deed reference is hereby made to Charlestown, R. I. SUBJECT to a prior mortgage in the original amount of $5000.00, held by the Washington Trust Company which mortgage bears date of August 21, 1953, and is recorded in the Land Evidence Records of the Town of Charlestown, R. I., in Book No. 33 at Pages 609, 610 and 611. 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 Assigns, that we have lawfully seised 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 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 we, and the said mortgagors, will and our 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 money, taxes, assessments and other expenses hereby secured as hereinafter provided. PROVIDED, NEVERTHELESS that if said mortgagors, or their heirs, executors administrators or assigns, shall pay unto the said Washington Trust Company, its Successors or Assigns, the sum of Twenty-five Hundred and 00/100 ($2500.00) 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 date even herewith; and shall also pay all taxes and assessments of every kind assessed or imposed upon or in respect of said premises, or upon said The 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 premium 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 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 Twenty-five Hundred and 00/100 ($2500.00) Dollars principal sum or of said interest at the times and in the manner aforesaid, 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

290 or in parcels, all and singular the premises hereby granted, or intended 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 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 notice to be upon the premises or elsewhere as specified in such notice; and in its or in their own name or names, or as trustees or elsewhere as specified in such notice; and by the attorneys or attorneys of the 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 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 term thereof 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, and all taxes, and assessments incurred, or in any way connected with the exercise of these powers and all taxes, and assessments as aforesaid and all premiums for insurance, either heretofore paid by the said Washington Trust Company, its Successors or Assigns, or 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 equity against the said mortgagors, and their heirs, executors, administrators and assigns, and all persons claiming said premises sold so by, or 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 Washington Trust Company, its Successors and Assigns, that they will upon written request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. And FURTHERMORE, The, we said mortgagors, for ourselves and for our heirs, executors administrators and assigns, hereby covenant with the said 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 sum or office or offices as the said Company, its Successors and Assigns, shall approve, in a sum not less than Twenty-five Hundred and 00/100 Dollars ($2500.00) 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 Washington Trust Company, its Successors and Assigns, as collateral security hereto, and in default thereof hereby agree that the said Washington Trust Company, its Successors or Assigns, may from time to time pay premiums which may be necessary to maintain existing insurance or may effect new insurance; and the said mortgagors for ourselves and our heirs, executors, administrators and assigns agree to repay to the said 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. IN WITNESS WHEREOF, we hereunto set our hands and seals this 24th day of September, one thousand nine hundred and fifty-four. A. D. Signed, sealed and delivered } ERNEST E. GEE in presence of } ROSE S. GEE Alfred C. Baker }

291 STATE OF RHODE ISLAND, } } County of Washington } In Westerly, on the 24th day of September, A. D. 1954, before me personally appeared the above named mortgagors, Ernest E. Gee and Rose S. Gee, husband and wife, each and all to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. ISABELLE W. ROOK (Notarial Seal) Notary Public. Received for record September 25th, A. D. 1954 at 10:05 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 obligation of the within mortgage, recorded in the Records of Town of Charlestown in Real Estate Mortgage Book Number 34 Page 289 does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by its Executive Vice President duly authorized this 2nd day of December A. D. 1961. THE WASHINGTON TRUST COMPANY Robert B. Perry Signed and Sealed in presence of } [Signature] Virginia M. Algiere } Received for record December 28th, A. D. 1961 at 9:01 o'clock, a. m., and recorded by [Signature] Town Clerk ---- I, EDWARD A. BIRCH, of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid, grant to ROSA A. KORPI, of said Town, County and State with WARRANTY COVENANTS That certain tract or parcel of land, containing by estimation one (1) acres, situated in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows: Beginning at the northeasterly corner of the premises herein conveyed at junction of this tract and premises, northerly or easterly of Erwin J. Baker, junction of the premises and said land formerly of John J. Burdick, a distance of two hundred (200) feet then running southerly bounded by premises formerly of said land formerly of John J. Burdick, a distance of Two Hundred Ten (210) feet then running westerly a distance of two hundred (200) feet then running northerly bounded westerly by premises, now or formerly of Alex A. Rose, a distance of Two Hundred Ten (210) feet then running easterly a distance of two hundred (200) feet, bounded northerly by premises or formerly of said Erwin J. Baker, ut a distance of Two Hundred Ten (210) feet to the point of beginning, or however otherwise bounded or described. The Grantees, her heirs and assigns, are hereby granted a right of way ten (10) feet in width along the northerly boundary line of premises of Alex Rose to the public highway, and furthermore, also, the right to use the path or driveway, now used, from said right of way to the State Highway. Meaning and intending to convey the same premises conveyed by deed of Saimi Rose to this Grantor; said deed bearing date of November 12th, 1941 and recorded in the Records of Land Evidence, said Town of Charlestown, in Book No. 28 at Page 556. I, Edward A. Birch, covenant that I am an unmarried. WITNESS my hand this 30 day of August, 1954. EDWARD A. BIRCH (DOCUMENTARY STAMPS, $1.65) STATE OF RHODE ISLAND, ETC.,} COUNTY OF WASHINGTON } In Charlestown, on the thirtieth day of August, 1954, before me personally appeared Edward A. Birch, to me known and known by me to be the party executing the foregoing instrument, and he acknowledged said instrument, by him executed, to be his free act and deed. LINTON L. BROWN Notary Public Received for record September 25th, A. D. 1954 at 10:05 o'clock, a. m., and recorded by [Signature] Town Clerk