10/14/1866 · DEED · book 9 page 148 doc 4067

148 State of Rhode Island sc In Barrington this 21st day of October 1834 before Stanton personally appeared before me one and acknowledged the within instrument to be signed apposed to be his signature and voluntarily set and delivered [illegible] (Charles Cross Justice of the Peace witnessed for Record Oct 24 1834 at 1 o clock a.m. and recorded by Caleb Cross Cl. Court Know all men by these presents that I Theodore H Campbell of Bristol in the county of Bristol in the state of Rhode Island aforesaid for and in consideration of the sum of forty five hundred hundred dollars to be paid by Stephen S Sprague of Bristol in the county and state aforesaid the receipt whereof I do hereby acknowledge to be given grant bargain sell and convey unto the said stephen S Sprague his heirs and assigns forever the following tract of land of several lots situated in the town of Bristol in the state of Rhode Island aforesaid which are described in a Deed from Constantine Tenney to George Hobart and Benjamin Butler fully dated February 10th 1814 and recorded in the Records of Land evidence for the town of Bristol Book 5 page 200 to 201 expiring whereas that piece of land tracts and parcels of land which is situated in a field to the said George Hobart from Benjamin Butler and Edward DeLautour some December 2nd 1812 date of August 1812 and recorded in the records of land evidence for said town of Bristol in Book fourth page 263 being the Eastly half of the George Perry farm called together with the buildings & houses & other things thereunto appertaining containing by estimation one hundred and fifty acres to the same more or less together with an Island called "Mullberry Island" containing about fifty acres in the same pasture more or less bounded as follows Northly on the Salt Ford Eastly partly on the salt ford partly on the old channel where the brook flows and used to run into the sea and partly on the Old 도로 [illegible] bounded hereat land where the brush used to be on the southly on the sea and Westly on marsh bounded hereat land bounded hereat the lines of James Converse deceased and partly by the property of said land hereat is however otherwise the same may be bounded containing nearly to convey all the rights where was conveyed to the said Robert H Campbell by Benjamin Butler and S Palumbo by deed dated February 1811 and recorded in the Records of Land evidence for said town of Bristol Book No 4 page 392 I do carve and hold the said land with all the rights privileges appurtenances thereof or tenements appertaining to the same to the said Stephen S Sprague his heirs and assigns forever And I the said Theodore H Campbell for myself my heirs his heirs bereaved and administrators do covenant the same with the said Stephen S Sprague that he shall well and quiet and defend the premises conveyed to him the said premises against all claims and demands of all persons claiming by through or under me And I Harriet B Campbell wife of the aforesaid Theodore H Campbell and for and in consideration of the sum of five dollars I do hereby release and forever quit claim unto the said Stephen S Sprague his heirs and assigns forever all my right of dower in and to the aforesaid premises granted & granted premises as witness whereof we have hereunto our names and seals set at Bristol the 21st day of October in the year of our lord one thousand eight hundred and thirty four Theodore H Campbell ss Harriet B Campbell ss & seal date by [illegible] Charles B. Olney ss Stephen S Sprague ss Signed Sealed & delivered in presence of Edward Palumbo W. M. Day witness Charles B. Olney Washington W. Butler Oct 24 the 1834—the person aforesaid Theodore H Campbell and Harriet B Campbell to be before me his signature and dates of the foregoing instrument and acknowledged the same to be his true and lawful acts and deeds before me Charles Cross Justice of the Peace Recorded for Record Oct 24 the 1834, at 11 oclock A.M. and recorded by Caleb Cross Cl. Court

854 of land this day conveyed by Charlestown Estates, Inc. to the Quonocutaug Central Beach Fire District. said easement being ten feet in width and ex- tending 5 feet either side of the water pipe running between the pump-house on Parcel 1 and the well which is located within the bounds of Parcel 2. Parcel 3.- An easement or right of way over that parcel of land which extends south from the southerly side of Ocean View Avenue, said easement being 10 feet in width extending 5 feet either side of the center line of the water pipe diver- ginal distance around a curve to the center line of a proposed Road, a distance of approximately 950 feet to the land of Edward S. Thorpe, as shown on Plan or Map entitled, "Map of Quonocutaug Central Beach, Charlestown, Rhode Island, property of S. H. Davis, Leon L. Holland, C. E., 100 feet to the Inch, February, 1972," said path being duly recorded in the land evidence Records of Charlestown. Also the right and easement from time to time to enter upon these premises for the purpose of repairing, replacing, adding to or otherwise changing said pipe line or part thereof wherever situated and along said premises for all of the above purposes. The above easement is subject to restrictions and conditions as set forth in instrument from Charlestown Estates, Inc. to the mortgagor, granting such ease- ment, which instrument is recorded in the above reference having made for a more complete description of such conditions and restrictions. This mortgage is made subject to two prior mortgages to Industrial Trust Company, the first dated November 25, 1946 and recorded in the Records of Deeds of said Town of Charlestown in Book 1346 on page 279 as deed, and the second dated November 19, 1948 and recorded in said Records in Book No. 11 on pages 397 to 401. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances including the above-described easements, unto and to the use of said Industrial Trust Company, its successors and assigns forever. And the said mortgagor does hereby, for itself and for its successors and assigns, covenant with said Industrial trust Company, its successors and assigns, that it is lawfully seised in fee simple of the said granted premises; that the same are free from all encum- brances except as aforesaid; that it has good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that said Industrial Trust Company, its successors and assigns, shall by these presents at all times hereafter peaceably have and enjoy the said premises; and that the said mortgagor will, and its successors and assigns shall, warrant and defend the same to said Industrial Trust Company, its successors and assigns, forever, against the lawful claims and demands of all persons PROVIDED, NEVERTHELESS, that if the said mortgagor, or its successors or assigns, shall pay unto said Industrial Trust Company, its successors or assigns, the principal and interest of twenty-five first certain promissory notes of the mortgagor each of date herewith, and each bear- ing the serial number thereof, in accordance with the terms and conditions thereof, and shall also pay all taxes, assessments, insurance premiums and other sums, the payment of which are hereby required or secured, as and when the same become due and payable, and shall perform all other covenants and conditions as provided herein or in the notes above mentioned, then this deed, as also said promissory notes, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of said sums or of said interest or of the taxes, assessments, insurance premiums or any other sum of money the payment of which is hereby or by any of said notes required or secured, or in any part thereof, at the time or times when due, or if breach shall be made of any term, covenant or condition of any of said notes or of this mortgage, then it shall be lawful for said Industrial Trust Company, its successors or assigns, to sell, together or in parcels, all and singular the premises hereby granted or intend- ed to be granted, or any part or parts thereof, and the benefit and equity of redemption of the said mortgagor its successors 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 the said City of Providence, with power to adjourn such sale from time to time; provided that if such adjournment be for one week or more the publication of such notice shall be continued, together

355 with notice of any adjournment or adjournments, at least once each week in the same newspaper; such sale to be upon the premises or elsewhere as specified in such notice; 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 a good and sufficient deed of sale or deeds, in fee simple, of the premises sold; and to receive the purchase moneys and therefrom to retain all sums hereby secured or required to be paid, whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also all interest due on the same, together with all expenses incident to such sale or sales, and all counsel fees and other expenses incurred or in any way connected with the exercise of these powers or with any proceeding or action concerning the enforcement thereof, or of any of said notes, or of these presents, and all taxes, assessments, insurance premiums and expenses of repairs, either therefore paid by the said Industrial Trust Company, its successors or assigns, or then remaining unpaid, rendering and paying the surplus of such purchase moneys, if any there be, over and above the amount so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said mortgagor, its successors or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagor, its successors and assigns, and all persons claiming said premises sold so far, from by our, either then, any of them or any of them. And the said mortgagor, for itself and for its successors and assigns, hereby covenants with the said Industrial Trust Company, its successors and assigns, that it or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or requested. And FURTHERMORE, the said mortgagor, for itself and for its successors and assigns, for the consideration aforesaid and to further increase the security of this mortgage, does hereby covenant and agree to and with the said mortgagor, its successors and assigns, as follows: 1. To pay to each of said promissory notes and all sums or principal and interest due thereon in full accordance with their terms, and all taxes and assessments of every nature levied upon the premises until full payment of all said notes upon said premises or upon the mortgage, its successors or assigns, in respect to this mor- gage or mortgage indebtedness, and all other sums or charges due under the terms of insurance premiums paid on such premises, and all water rates and other charges and expenses hereby secured as herein provided. 2. To keep and maintain insurance against loss by fire and by other hazards, casual- ties, and contingencies arising acute, for such sums, in such form insurance, and conditions as may be satisfactory to the holder of the mortgage at any time or company or companies as the mortgagor may at any time or companies as the mortgagor may at any time elect, and to promptly pay when due all premiums on such insurance; to make all policies of insurance payable in case of loss or damage by insurance company or companies to the holder of the mortgage; and said Industrial Trust Company or other the holder of this mortgage for the said mortgagor may at any time and from time to time, as attorney irrevocable of the hereby mortgage, cause utilities, adjust, sum for compromise, and collect any and all losses which may occur under any such policy or policies, and to settle any claim for loss or damage due or in settlement of such losses, and to apply the same, after deducting any expenses in- curred in the settlement of such losses, and any premiums hereby secured or required to be paid then due or in reimbursement of any such payment or settling of such losses, and any other sums then due or in reimbursement for any taxes, assessments, insurance premiums or other sum paid by the mortgagor, or to apply the same, after deducting any expenses in cur- transfer of title to the mortgaged premises; and to execute any and all documents necessary to effectuate the same; and to apply the whole or any part of the interest of the mortgagor in and to any other property owned by the mortgagor, or to surrender said policies and collect any sum paid thereon, or may, at its option, transfer its right, title and interest in said policies to any person or persons it may see fit, and apply any sum received void that may be received sum on said policies by way of refunds, dividends, or otherwise, void that may be received sum on said policies by way of refunds, dividends, or otherwise, said policies to the holder of the mortgage, and any sum received and any sum paid over as a surplus to any person or the mortgagor. If the fail to provide such insurance or to pay the premiums therefor, the holder of the mortgage may take out such insurance and thereon, and all premiums paid thereon shall become a part of the indebtedness secured hereby, and shall bear interest at the rate provided upon the principal indebtedness until full payment thereof. 3. To keep and maintain the exterior and the interior of the buildings and improvements of the premise- described in this mortgage at all times until full payment and discharge hereof in good condition and repair; and to permit the holder of the mortgage and its in and to permit said Industrial Trust Company, its successors and assigns, and its agents and representatives to enter upon the premises at all reasonable times to view and inspect the same. 4. That the mortgagor, its successors and assigns, pay all taxes, assessments, water rates and other insurances premiums not said be paid by the mortgagor when due, and all of such sums shall be immediately repaid and until repaid shall be added to the unpaid principal of said Indebtedness hereby secured and shall bear interest at the same rate as said Indebtedness until paid and together with such interest shall be a further lien upon the premises and secured by these presents. 5. That if the mortgagor be declared bankrupt or insolvent or make an assignment for the

856 benefit of any creditor or be placed under control of or in custody of any court, or if the mortgagor abandon any of said property, then in any of said events the mortgagee is hereby authorized and empowered, at its option, without notice and without further action, to foreclose the mortgage or the priority of said lien or any right of the mortgagee hereunder to declare all sums secured hereby immediately due and payable. IN WITNESS WHEREOF, said QUONSOCOGTAUG CENTRAL BEACH FIRE DISTRICT has caused its corporate name and seal to be hereunder affixed by its proper officers, thereunto duly authorized, this 1st day of December, A. D. 1952. Signed, sealed and delivered { QUONSOCOGTAUG CENTRAL BEACH FIRE DISTRICT in presence of { (Corporate Seal) { { By Helen K. Wholeman { Treasurer { { John Yale Clouter { Clerk State of Rhode Island, { County of Providence { SS. In Providence, on the 12th day of January, A. D. 1953, before me personally appeared the above named Job Yale Clouter, Clerk of Quonsetogue Central Beach Fire District, to me known and known by me to be one of the parties executing the Fire District, to me known and known by me to be one of the parties executing the foregoing instrument for mortgage and deed of trust of Quonsetogue Central Beach Fire District, and acknowledged said instrument, by his execution, to be his free act and deed, in his said capacity, and the free act and deed of the said Quonsetogue Central Beach Fire District. Milton A. Roy (Notarial Seal) Notary Public My Commission expires June 30, 1956 State of Connecticut { County of Hartford { SS. In Hartford, on the 12th day of January, 1953, before me personally appeared Helen K. Wholeman, Treasurer of Quonsetogue Central Beach Fire District, to me known and known by me to be one of the parties executing the foregoing instrument for mortgage and deed of trust of said Quonsetogue Central Beach Fire District, and acknowledged said Quonsetogue Central Beach Fire District, and acknowledged said instrument, by her hand and seal, to be her free act and deed in her said capacity, and the free act and deed of the said Quonsetogue Central Beach Fire District. E. A. Lumsine (Notarial Seal) Notary Public Notary Public My Commission expires April 1, 1957 STATE OF CONNECTICUT, { Hartford County { SS. I, Raymond G. Calmen, Clerk of the County of Hartford and of the Superior Court of said State within and for said County, being a Court of Record, and keeper of the Seal of said State within and for said County, certify that attached to the certificate thereof, bearing signature of E. A. Lumsine, Notary Public, is attached in the certificate proof of acknowledgment, affidavit or oath on the annexed instrument was at acknowledgment, proof or affidavit, or oath on the annexed instrument was at taking such acknowledgment, proof or affidavit, or oath, a certifying such duty authori- zed to take or administer such acknowledgment, proof or affidavit, was a Notary Public listed to take or administer such acknowledgment, proof or affidavit, was a Notary Public within and for said State, the dwelling in said County, duly appointed, commissioned and sworn, and authorized for said State to take or administer such acknowledgment, proof or affidavit, for said purpose and that affidavits and the laws of this State to take or administer such acknowledgment, proof or affidavit, and acknowledgment or proof of deeds to be recorded in this State, that I am satisfied and convinced of authenticity of the signatures to the said acknowledgment or proof, affidavit or oath is genuine; and that such certificate is not required by law of said State to be under Seal. In Testimony Whereof, I have hereunto set my hand and the Seal of said Superior Court at Hartford, in said County, this 14 day of January A. D. 1953. RAYMOND G. CALMEN (Official Seal) Clerk Received for record December 15th, A. D. 1954 at 9:40 o'clock, a. m., and recorded by [Signature] Town Clerk (FOR DISCHARGE OF ABOVE MORTGAGE SEE BOOK 10, PAGE 632)