5/15/1866 · MORTGAGE · book 9 page 104 doc 4024

104 [Record Book 83.] Know all men that we Hazard & Kenyon and Ruth Kenyon of Richmond Rhode Island, the said Ruth being wife of said Hazard, to secure the payment of money due to the Kingston Savings Bank a corporation, chartered by the General Assembly of Rhode Island, and located in South Kingston county of Washington, State of Rhode Island do hereby bargain sell and convey unto said Bank and its assigns a certain tract of land and enclosure site said Bank and its assigns a certain tract of land situated partly in the town of South Kingston and partly in Charlestown containing two hundred and fifty acres all the same more or less with dwelling house and other buildings thereon --- Bounded on the North by the Highway on the East by Fredrick Browning and the heirs of Nancy Babcock, on the South partly by a pond and partly by Stephen Browning and the Grey land, and on the West by the land of Stephen Browning and the heirs of the same bounded by the stone heap land formerly owned by John Kenyon. Said Ruth hereby releaseth to the grantees their heirs & assigns her dower in the premises. Also one other tract of land at Carolina North Mills in said Charlestown being to said Ruth, containing eight acres more or less, and bounded Northerly on land of heirs of George Browning, Easterly on land of the Regencies or the Factory Company, Southerly on land of Dorcas & Kenyon & West on the road, being about length of Ruths lot of lands. This latter eighty acres of land moreover lies at Richmond which I bought of Jedidiah Bond, bounded North and West on the Greater Black land, Easterly on land of James A Lawton & Southerly on the Shannons land, & West on Dexter River however where that tract is bounded. To have and to hold the same to said Bank and its assigns forever, Provided, however, that if said Hazard & Kenyon or his heirs, executors administrator, or assigns shall pay to the Kingston Savings Bank a certain promissory note of date [illegible] for the sum of Three Thousand Dollars promissory note of date [illegible] for the sum of Three Thousand Dollars given to him of said Bank and pay all the interest before after date, and shall also pay to said Savings Bank and pay all any noted given by said Hazard & Kenyon to said Bank in honor of noted aforesaid to any number of renewals whether for the same or a different sum, or at a different time, and while including interest on former notes or not, and shall secure said institution against all debts, suits and expenses on account of any said promissory notes, then this deed is to be void, otherwise to remain in full force and virtue. And it is specially agreed between the parties hereto, that should any default be made in the payment of any note hereby secured, and should the same or either remain unpaid for the space of one month, then it shall be lawful for the said Savings Bank, or its assigns, as the attorney of the said Hazard and Ruth with power of substitution, to sell the premises or as much as may be necessary at public auction after advertising the same in a newspaper published in Providence county, or Providence for the space of three weeks, and in the name of the said Hazard, & Ruth Kenyon to sign, seal, execute, acknowledge and deliver to the purchaser or purchasers a good and sufficient deed or deeds thereby which sale shall be an effectual bar of all right of redemption or any other right at law or in equity of the said Haz & Ruth thereon and after paying the debt hereby secured, with interest, costs and expenses then the surplus shall be paid to the grantors their heirs, executors, administrators or assigns. Continued on page 186,

813 Being the same premises conveyed to Isa R. O'Donnell, grantor herein by Fred B. Kenyon and Claude S. Kenyon by deed dated February 21, 1942, and recorded in the Land Evidence Records of the Town of Charlestown, R. I., in Book No. 28 at Page 665; which premises have this day been conveyed, by quit claim deed, to his trustful Lee R. O'Donnell to hold in trust for himself, Lee R. O'Donnell, and his wife, Carmen R. O'Donnell, as will appear of record in the Land Evidence Records of said Town of Charlestown, R. I. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and to the use of the 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 The 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 authority to sell and convey the same in manner aforesaid; that the said Washington Trust Company, its Successors and Assigns, shall be by these presents at all times hereafter peaceably and quietly have and enjoy the said prem- ises, and that we, the said mortgagors will, and our heirs, executors, administrators and shall warrant and defend the same to the said The 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 mortgagors, or their heirs, executors, administrators or assigns, shall fail to pay unto the said The Washington Trust Company, its Successors or Assigns, the sum of Six Thousand and 00/100 ($6000.00) Dollars at its Banking Room in Hope Valley, R. I., from the date hereof, with interest thereon, at the rate of five (5%) per centum per annum, payable as provided in a certain negotiable promissory note of eve date hereof than herein; 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 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 said Washington Trust Company or order, the sum aforesaid with interest as aforesaid at the times afore- said, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said Six Thousand and 00/100 ($6000.00) Dollars principal sum or of said 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 of 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 The Washington Trust Company, its successors or assigns, to sell, together or in parcels, and all the singular premises hereby granted, or intended to be granted, or any part thereof, and the benefit and equity or redemption of the said mortgagors and their heirs, executors, administrators and assigns therein, at public auction, and to bind the borrower 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 sale to be upon the premises or elsewhere as specified in such notice,) or in its or their own name or names, or as the attorney or attorneys of the said mortga- gors (for that purpose) by these presents duly authorized and appointed with full power of substi- tution 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 incident to such sale or sales, and all counsel fees and other

814 expenses, incurred in, or in any way connected with, the exercise of these powers and all taxes, and assessments as aforesaid and all premiums for insurance, either theretofore paid by the said The 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, 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, and their heirs, executors, administrators and assigns, and all persons claiming said premises so sold by, or under, from or then other than 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 in any 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 afore- said in such office or offices as the said Company, its Successors and Assigns, shall approve, in a sum not less than Six Thousand and One Hundred ($6,100.00) Dollars or in such greater amounts as will prevent the operation of co-insurance clauses contained in such policies of insurance, 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 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 THEREOF, we have hereunto set our hands and seals this 29th day of October A. D. one thousand nine hundred and fifty-four. Signed, sealed and delivered in presence of Robert P. Mitchell LEO E. O'DONNELL CAROLINE B. O'DONNELL STATE OF RHODE ISLAND, ) } SC. County of Washington } In Hopkinton on the 29th day of October A. D. 1954 before me personally appeared Leo E. O'Donnell and Caroline B. O'Donnell, husband and wife, each and all to me known, and known by me to be the parties executing the foregoing instrument, and they severally ack- nowledged said instrument, by them executed, to be their free act and deed. ROBERT P. MITCHELL Notary Public Received for record October 30th, A. D. 1954 at 1:05 o'clock, P. M., and recorded by [Signature] Town Clerk (FOR DISCHARGE OF FOREGOING MORTGAGE, SEE PAGE 312)