12/15/1954 · MORTGAGE · book 34 page 353 doc 4067@34/353

353 KNOW ALL MEN BY THESE PRESENTS: That Quonocontaug Central Beach Fire District, a quasi-municipal corporation duly created by the General Assembly of the State of Rhode Island and located in the Town of Charlestown, County of Washington, in said State (hereinafter called the mortgagor) in consideration of Three Thousand ($3,000) Dollars, to be paid by INDUSTRIAL TRUST CO, a corporation created by the General Assembly of the State of Rhode Island and, located and transacting business in the City and County of Providence, in said State, the receipt whereof is acknowledged, does hereby grant, bargain, sell and convey unto said Industrial Trust Company, its successors and assigns, forever: A certain tract or parcel of land with buildings and improvements thereon located at Quonocontaug Central Beach, described in a quitclaim "Deed of Plat of Quonocontaug Central Beach" shown on plat or plan filed in Charlestown, R.I., in book 24, page 52, in the town's index, Rhode Island, Book & Page 24, 52, dated and signed Sept. 10, 1929," said plat being filed on file with the Land Evidence Records of said Town of Charlestown, and bounded as described as follows: a line beginning at a stone bound at the northwesterly corner of Lot No. 77 as shown on said plat; thence running westerly 140 feet to the northwesterly corner of Lot No. 76; thence running northeasterly Sixty (60) feet, more or less, to the boundary of Lot No. 75; thence running southeasterly 140 feet to the southeasterly corner of Lot No. 76; thence running south 30° W. Three Hundred Fifteen (315) feet, more or less, to a stone bound forming the southwesterly boundary of Lot No. 77; thence running southeasterly 140 feet to a stone bound forming the southwesterly corner of the premises hereby conveyed, said northeasterly boundary on its westernmost part coinciding with the northerly boundary of the property of M. E. Thorp; thence turning an angle of 90° and running easterly 315 feet to a circle included in the curve forming the interior angle of 91° and running easterly 140 feet to the curve forming the extended extension of East Street and East Street and following the curve of the boundary of East Street easterly to the northeasterly corner of the premises hereby conveyed, easterly, northerly and westerly partly by land of M. E. Thorp and partly westerly by East street, all the above running clockwise. Two certain tracts or parcels of real estate, located on the northerly side of Ocean View avenue, so-called, in the Town of Charlestown, County of Washington in State of Rhode Island, more fully described as follows: First Parcel: Commencing at a point on the northerly side of Ocean View avenue, said point being on the southerly boundary line of lot #122 as shown and delineated on that certain plan or plat entered into Quonocontaug Central Beach, Charlestown, Rhode Island, Book & Page 24, 52, dated and signed Sept. 10, 1929, by H. Davis, Leon L. Colman, C. E., 100 feet tangent Beach, Rhode Island, Book & Page 24, 52, dated and signed Sept. 10, 1929, thence running easterly along said northerly boundary line of lot #122, a distance of 40 feet being 40 feet westerly from the easternmost side of two stone bounds also located on the northerly side of Ocean View avenue, thence extending northerly 100 feet to a point which extends 5 feet easterly from the easterly side of a pump house built on the parcel herein conveyed, thence running easterly 10 feet to the northerly boundary line of lot #122, and turning westerly 20 feet to the northwesterly corner of the parcel herein conveyed, thence running northeasterly 100 feet to the northerly boundary line of lot #122, and turning southeasterly 175 feet and running southeasterly to the northerly line of Ocean View avenue; thence turning and running easterly 20 feet to the point and place of beginning. Second Parcel: Commencing at the 1/2 drilled hole in a stone which is 60 feet south of the property line which is 1/2 drilled hole on the premises herein conveyed, said drill hole being 215 feet northerly from the stone bound on Ocean View avenue, said drill hole being 215 feet northerly from the stone bound on Beach Quonocontaug Road, said drill-hole being tended to a straight line running northerly 100 feet to a point which is 10 feet south of the near corner of lot #137 as shown on that certain plat or plan of M. E. Davis, Quonocontaug Beach, Rhode Island, Book & Page 24, 52, dated and signed Sept. 10, 1929, by Leon L. Colman, C. E. 100 feet to the inch, February, 1932; thence running easterly, a line being parallel to the northerly boundary line of Ocean View avenue, as extended in a straight line from the East Beach Quonocontaug Road, 225 feet to the southeasterly boundary of lot #137, thence running southerly 100 feet to a point which is 10 feet northerly from the stone bound 200 feet to the northwesterly corner of the parcel herein conveyed, thence turning a right angle and extending southeasterly 225 feet to the southeasterly corner of the premises herein conveyed; thence turning a right angle and extending southeasterly 300 feet to the southeasterly corner of the parcel herein conveyed, thence turning a right angle and extending easterly 75 feet to the point and place of beginning. EASEMENT The right and easement to construct, maintain, operate and repair water pipes over and across a strip of land running easterly from the boundary line between land of Charlestown Estates, Inc. and other lots line of the Quonocontaug Central Beach Fire District, located at Quonocontaug Beach in the Town of Charlestown, Rhode Island. Together with the right and easement from time to time to enter upon these premises for the purpose of repairing, replacing, relocating or otherwise changing said pipe and line or any part thereof and to dig up and open over 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 Robert E. Thorp to the mortgagor, granting each such easement, which instrument is dated July 31, 1946, reference thereto being made for a more complete description of such conditions and restrictions. EASEMENT The right and easement to construct, maintain, operate and repair water pipes over and across the following described land of Charlestown Estates, Inc., located at Quonocontaug Beach in the Town of Charlestown, Rhode Island. Parcel A. An easement or right over a strip of land extending from Parcel 1 to Parcel 2

of land this page conveyed by Charlestown Estates, Inc. to the Quonocontaug Central Beach Fire District. Said easement being ten feet in width and extending 5 feet either side of the water pipe running between the pump-house on Parcel 1 and the well which is located in the middle 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, further extending a diagonal cross across a proposed road, a distance of approximately 950 feet to said land of Roman E. Shorp, as shown on Plan D of said estate, filed with the County of Washington, Rhode Island, property of S. N. Davis, Leon L. Holland, S. C. E., 100 feet to the Inch, February, 1947, said plat 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 throughout the said premises and along said premises for all of the above purposes. The above easement is subject to restrictions and conditions as set forth in such instrument from Charlestown Estates, Inc., to the grantor, granting such easement, which instrument is recorded in the Land Evidence Records therefore having made for the 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 Land Evidence book 279 page 58, and the second dated November 19, 1948 and recorded in said Records in Book no. 31 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 encumbrances 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 even date herewith, and each bearing 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 of 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 intended 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 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 or deeds, in fee simple, of the premises sold; and to receive the purchase moneys and therefore 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 interest and 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 the purchase sale 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 since sold by, for, from or under it, then, any or some 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 each of said promissory notes and all sums or principal and interest due thereon in accordance with the same hereof, all taxes and assessments and all sums of every nature and kind due prior to the full payment of the principal and interest of all said notes upon said premises or upon the mortgage, its successors or assigns, in respect to this mortgage or mortgage indebtedness, and all insurance premiums or other law sums payable in accordance with the terms of this mortgage for insuring premises paid and maintained upon said premises, and all water rates and other utilities hereby secured as herein provided. 2. To keep and maintain insurance against loss by fire and by other such hazards, casualties and contingencies as may occur, in sums for such loss, in such form and on such terms and conditions as may be satisfactory to the holder of the mortgage at any time and from time to time as it may request to pay promptly when due all premiums on such insurance; to make all policies of insurance payable in case of loss or damage to the holder of the mortgage; and said Industrial Trust Company or other the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the 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for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the holder of this mortgage for the 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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 optional discretion out of notice and without affecting its right to accelerate 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 QUONOCONTAUG CENTRAL BEACH FIRE DISTRICT has caused its corporate name and seal to be hereunto affixed by its proper officers, thereunto duly authorized, this 1st day of December, A. D. 1952. Signed, sealed and delivered in presence of QUONOCONTAUG CENTRAL BEACH FIRE DISTRICT (Corporate Seal) By Helen K. Wholeman Treasurer John Yale Clouter Clerk State of Rhode Island, County of Providence ss. In the city of Providence, on the 12th day of January, A. D. 1953, before me personally appeared the above named John Yale Clouter, Clerk of Quonocontaug Central Beach Fire District, to me known and by me to be one of the persons parting executing the Fire District, to me known and by me to be one of the persons parting executing the foregoing instrument for mortgage and he acknowledged said instrument, by his hand and sealed said instrument, by his executed, to be his free act and deed, in his said capacity, and the free act and deed of the said Quonocontaug Central Beach Fire District, and the free act and deed of the said Quonocontaug Central Beach Fire District, and the free act and deed of the said Quonocontaug Central Beach Fire District, and the free act and deed of the said Quonocontaug 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 Quonocontaug Central Beach Fire District, to me known and by me to be one of the persons executing the foregoing instrument for mortgage and said Quonocontaug 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 Quonocontaug Central Beach Fire District. E. L. Gummow (Notarial Seal) 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, certify that a certificate of the Seal thereof, being stamped hereunto is subscribed in the certificate thereof, by saying correctly that E. L. Gummow is a Notary Public within and for said proof of acknowledgment, affidavit or oath on the annexed instrument was at some of taking such acknowledgment, proof or acknowledgment, duly authorized, duly authorized to take or administer such oath or acknowledgment, and is a Notary Public within and for said used to take or administer such oath or acknowledgment, and is a Notary Public within and for said the laws of this State to be a Notary Public for said purpose and that affidavits and the dwelling in said County, duly appointed, commissioned and sworn, and authorized for the laws of this State to be a Notary Public for said purpose and that affidavits and the acknowledgment or proof of deeds to be recorded in this State, that I am well and acknowledgment or proof of deeds to be recorded in this State, that I am well and acknowledgment or proof, affidavit or oath is genuine; and that such certificate is not required by law 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)