12/16/1954 · MORTGAGE · book 34 page 357 doc 4069@34/357

357 WARRANTY DEED We, OSCAR E. LEBER and wife, EDITH J. LEBER, both of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to WILFRED F. VIENS and wife, DOROTHY A. VIENS, both of said Town of Charlestown, as JOINT TENANTS and not as Tenants in Common, with WARRANTY COVENANTS Those certain tracts or parcels of land, with all buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, laid out and designated as lot numbered 111 (one hundred eleven) and 113 (one hundred thirteen) on that surveyed plat entitled, "Sea Lea Colony in Charlestown and South Kingstown, R.I., Property of Mrs. Y. B. Henke, Numbered Lots Represent area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938 - Leon L. Holland, Civil Engineer, Scale 1" = 80', which plat is recorded in the Records of Land Evidence in the Town of Charlestown in Plat Book 2 at pages 46 and 47. Said premises are conveyed subject to restrictions of record; also, subject to building set-back line as shown on recorded plat. Also, those certain strips or tracts of land shown and delineated on the aforementioned plat as lot numbered 248 (two hundred forty-eight) and 249 (two hundred forty-nine), which strips or parcels of land are conveyed subject to restrictions and the right of reverter for breach of one restriction thereof, as will appear in prior deeds of record. Oscar E. Leber and wife, Edith J. Leber, the grantors release to said grantees all right of curtesy and dower and all other interest in the aforementioned premises. WITNESS our hands this 15th day of December 1954. OSCAR E. LEBER EDITH J. LEBER Edmund T. Olson Notary (DOCUMENTARY STAMP, $2.20) STATE OF RHODE ISLAND County of Kent In West Warwick on the 15th day of December 1954, before me personally appeared Oscar E. Leber and wife, Edith J. Leber, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by them executed, to be their free act and deed. EDMUND T. OLSON Notary Public Received for record December 16th, A.D. 1954 at 11:15 o'clock, p.m., and recorded by [?] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That we, WILFRED F. VIENS (also known as Wilfred Viens) and DOROTHY A. VIENS (also known as Dorothy Viens), both of the Town of Charlestown, County of Washington, State of Rhode Island (hereinafter called the mortgagor(s) in consideration of THREE THOUSAND and no100/100ths Dollars to us paid by the OLD COLONY CO-OPERATIVE BANK, a corporation legally incorporated, and established and transacting business in the City of Providence in the State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said OLD COLONY CO-OPERATIVE BANK (hereinafter called the mortgagee), its successors and assigns, forever.

858 Those three certain tracts or parcels of land with all buildings and improvements thereon situated, in the town of Charlestown, County of Washington, and described as follows: said land being laid out and designated as lots number 12 (twelve), 111 (one hundred eleven) and 113 (one hundred thirteen) on that certain plat entitled, "The Colony Co-operative Bank's Subdivision with Kingston, R. I. Property of M. S. Jenkins", numbered Scheme Lot represents Area of Sea Lot, Conley Surveyed, and Surveyed and Platted 1933, page 15, and further described in the Deed their Predecessor dated 1-1-1954 which said deed is Recorded in the Records of Land Evidence in the Town of Charlestown in Plat Book 2 at pages 46 and 47. Said premises are conveyed subject to restrictions of record; also, subject to a building set-back line as shown on said plat. Also, those certain strips or parcels of land shown and delineated (one hundred forty-two) and 236 (two hundred thirty-six) water lot being located in the Town of South Kingston), which strips or parcels of land are conveyed subject to the restrictions of record and the restrictions of the one restriction treatise recorded as appertains in prior deeds of record. Together with all buildings and improvements on or hereafter erected thereon, or all the appurtenances, buildings and appurtenances now or hereafter belonging or in any wise now or hereafter appertaining to the said premises, including profits thereof, and all plumbing, heating, lighting and other fixtures, equipment and utilities on premises now or hereafter attached thereto. To HAVE AND TO HOLD the aforementioned premises, with the appurtenances thereon, unto and to the use of the said mortgagee, its successors and assigns, forever. And the said mortgagor(s) do hereby, for themselves and for their heirs, executors and administrators, covenant with the said mortgagee, and its successors and assigns, that they are lawfully seized of said premises in fee simple, and that they have good right to convey the same free from all encumbrances except for restrictions and reversion and reversion as aforesaid; that they have good right, full power and lawful authority to grant and convey the same, and express for and appertains hereafter permanently and quietly have and hold the said mortgagee (s) and its successors and assigns, that by these presents and by all further assurances which the said mortgagor (s) will and their heirs, executors and administrators, shall warrant and defend the said premises to and with the said mortgagee, and its successors and assigns, against the lawful claims and demands of all persons except for restrictions and reversion as aforesaid. And for and consideration aforesaid, we, Wilfred F. Viens and wife, Dorothy A. Viens, mortgagor(s) do hereby grant, bargain, sell, quit and convey by right of curtesy and dower and all other rights, statutory or otherwise, in and to the said granted premises unto the said mortgagee, and its successors and assigns, forever. PROVIDED, however, that this and this conveyance is made under the express condition that, if said mortgagor(s), or their heirs, executors, administrators or assigns, shall fail to pay unto the said mortgagee, or its successors and assigns, the principal sum of money, installments in all, the manner and according to the terms of a certain promissory note dated 12/16/1954, and shall fail to pay the taxes, insurance premiums, water rates and other sums, and shall fail to pay the taxes, insurance premiums, water rates and other sums, which are now due and payable or shall become due and payable from time to time, and the payment of which are hereby secured, as and when the same shall become due and payable as provided herein or in the note above mentioned provided on the part of the said mortgagor(s), or their heirs, executors, administrators and assigns, the payment of the same shall not be made, then this mortgage shall become absolute and shall be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of any of the sums of money above mentioned, at the time or times when the same shall become due and payable, or for the taxes, assessments, insurance premiums or water rates hereinafter specified, or any other sum of money the payment of which is hereby or shall be hereinafter specified, or if any such sum of money shall not be paid at the time or times by which said note requires it specified, and such default shall continue for three (3) months, or if breach shall be made of the covenant for insurance or of any other covenant hereon, or of the covenant of warranty of this mortgage or of said note, or if the whole or in part of the principal sum shall not be paid when lawfully due, the said mortgagee, or its successors and assigns, to sell, together or in part or in parcels, all or singular the premises hereby granted, or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale, together or in part or in parcels, and to apply the proceeds of such sale,

359 AND FURTHERMORE, the said mortgagor(s), for themselves and for their heirs, executors, administrators and assigns, for the consideration aforesaid and to further increase the security of this mortgage, do hereby covenant and agree to and with the said mortgagee, and its successors and assigns, as follows: 1. To pay all indebtedness hereby secured as herein and in said note provided. 2. To pay, as and when the same respectively become due and payable without interest or penalty, all taxes, assessments, water rates and other charges of every nature whatsoever, levied, assessed or imposed upon or in respect of said premises or premises herein described, whether now or hereafter in force or that may hereafter be enacted, whether owing or promptly demand upon all premises hereby secured as herein. 3. To build and maintain insurance against loss by fire and other hazards hereby written by the mortgagor, its successors and assigns upon the buildings upon the premises, in such amount and on such terms as may be satisfactory to the mortgagee, its successors and assigns, payable in full to said mortgagee, its successors and assigns, in one or more policies, in at least such amount, not less than three thousand Nine hundred and no100/100 Dollars and in such form and by such insurance company or companies as shall be satisfactory to the mortgagor, its successors and assigns and as may be authorized to sell all insurance effected insurance upon said buildings by the mortgagor, its successors and assigns, to the mortgagee, its successors and assigns, and any such insurance policy or policies shall be assignable to said mortgagee, its successors and assigns to be payable to, and the policies therefore shall be deliverable to, said mortgagee, its successors and assigns or any Vice President for the time being of said Old Colony Co-operative Bank, and the said Vice President or its successors and assigns shall be the sole judge of the adequacy of such insurance, its terms, coverage, in its amount, fee and company, and shall have the unrestricted discretion of said attorney, irrevocable, in his act, deed, and capacity, to give discharging receipts for any and all sums receivable by him, under any such insurance, to give full and final discharge for all losses or expenses (including the reasonable settlement of such losses) incurred in connection therewith, and to deliver the reasonably requested documents to the mortgagee, its successors and assigns, and to remit the remainder clearly to said mortgagor whether or not divided upon any compensable non-withdrawable, without stating or claiming any kind of allotment or any division of such sums upon the premises or their location in the event of any loss or damage to any installments of the indebtedness hereby secured, whether or not then due, or in reimbursement of advances, loans, etc. made for the purpose of repairing or replacing the rents and other damages buildings or improvements. 4. To maintain all buildings upon said premises in good repair, and not to cause or permit waste, or dereliction of improvement without first obtaining the written consent of the mortgagee, its successors and assigns. 5. That the mortgagee, its successors and assigns, may pay any such taxes, assessments, water rates or insurance premiums as may be due and payable by the mortgagor(s) when due; that for the payment of all amounts incurred by the mortgagee, its successors and assigns, for the expenses of such payment the same demand and payment of the principal of the indebtedness hereby secured and shall be added to the principal of the indebtedness hereby secured and shall bear the same interest rate as the same said indebtedness, and any such interest shall be a further lien upon said premises hereby secured. IN WITNESS WHEREOF, we have hereunto set our hand(s) and our seal(s) this 15th day of December, A. D. one thousand nine hundred and fifty-four. WILFRED F. VIENS (SEAL) DOROTHY A. VIENS (SEAL) Signed, Sealed and Delivered) in presence of Lillian A. Johnson STATE OF RHODE ISLAND, ) ) SC. County of Kent ) In West Warwick, on the 15th day of December, A. D. 1954, before me personally appeared the above named mortgagor(s), Wilfred F. Viens and wife, Dorothy A. Viens, each and all to me known and by me to be the parties executing the foregoing instrument and severally acknowledged said instrument, by them executed, to be their free act and deed. LILLIAN A. JOHNSON Notary Public. Received for record December 16th, A. D. 1954 at 11:36 o'clock, P. M., and recorded by [Signature] Town Clerk ---- The OLD COLONY CO-OPERATIVE BANK, having received full payment and satisfaction, does hereby convey and discharge this Mortgage deed, which is recorded in the Land Evidence book of the Town of Charlestown, in the State of Rhode Island, in Mortgage Book 34 at Page 357 or 358-359. IN TESTIMONY WHEREOF, said bank has caused these Presents to be signed by the Asst. Sec. and by a Clerk of the said bank and its corporate seal to be affixed by its Asst. Sec., all hereunto duly authorized, this 10th Day of August A. D. 1959. OLD COLONY CO-OPERATIVE BANK (Corporate Seal) By Lillian A. Johnson Asst. Sec. By Doris M. Lafond, Clerk Signed, Sealed and Delivered in presence of [Signature] Received for record August 17th, A. D. 1959 at 2:00 o'clock, P. M., and recorded by [Signature] Town Clerk