1/8/1955 · MORTGAGE · book 34 page 379 doc 4089@34/379

379 KNOW ALL MEN BY THESE PRESENTS, that We, ROBERT OWENS and HONOR OWENS, husband and wife, both of the town of Charlestown, in the County of Washington and State of Rhode Island, hereinafter called the mortgagors, in consideration of Thirty-six hundred ($3600.00) Dollars to be paid to us paid by the WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, a corporation legally created by the General Assembly of the State of Rhode Island and located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said mortgagee, and its successors and assigns forever, All the following described land together with the buildings and improvements upon or hereafter thereon, the rents issues and profits thereof, and together, and together with including, and together at the same time with all the realty personal or real substances fortifications, heating apparatus, plumbing, garages, rentals manta stores doors and windows, screens, awnings, air conditioning apparatus, oil and electric heaters, water heaters, and other fixtures of whatever kind and nature, and sunrise prairies, hereafter placed thereon or thereafter to be placed thereon, and all discharge of title of said premises, hereafter at such rate or rates or by agreement of the parties be made a part of the answer, really located on the north side of Old Post Road, in the Town of Charlestown, in the County of Washington and State of Rhode Island, viz:— Beginning at a point on the northerly line of the Old Post Road at the southeasterly corner of land now or lately of Charles E. Ross et al.; thence running northerly, bounding southerly on the aforesaid land, by a course North 15 degrees 31 minutes and 100/101 seconds East, 90 feet to a Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, thence bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, thence bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 90 degrees, then bounding northerly on the Rhode Island highway bound; thence southerly, at an easterly angle of 9

380 the said mortgagors have made their negotiable promissory note for said aggregate sum bearing even date with these presents, and made payable to the order of said WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, with interest thereon at the rate of five (5%) per centum, per annum, payable in One hundred forty-four (144) monthly installments of Thirty-three and 30/100 ($33.30) Dollars each payable on the 15th day of each and every month succeeding the date hereof, until said principal sum and interest together shall be paid, whether at or after maturity, and all installments ~~stricto sensu~~ [?] in arrears, whether at or before and after maturity, to bear interest at the rate of 2% per month until paid, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises, then this deed, as also said promissory note, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said principal and such default shall continue for a period of 30 days, or of said interest, at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or of any or either of the then, or of any part or parts thereof, or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said mortgagees, its successors or assigns, to sell, together with or in parcels, all in singular, the premises hereby granted or intended to be granted, or any part or parts thereof, and the benefit and equity and redemption of said the said Robert Owens and Honor Owens and their heirs, executors, administrators, and assigns, at public auction upon the premises or elsewhere at the option of the mortgagee, as specified in said notice, and to bid for and become the purchaser or purchasers at any such sale (and no other purchaser or purchasers 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 any newspaper published in said Town of Westerly, R. I., newspaper published or having a circulation thereon, with power to adjourn such sale from time to time, provided that the publishing 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 in their or its own name or names, or at the attorney's or attorney of the said Robert Owens and Honor Owens (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 a good and sufficient deed or deeds of said premises in fee simple and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or to fall due thereafter, or of the part thereof then remaining unpaid, and also the interest due then due on the same, together with all expenses incident to such sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said powers, and all taxes, assessments and premiums for insurance, if any, either therefore paid by the said mortgagees, or its successors or assigns, or then remaining unpaid upon said granted premises rendering and paying the surplus of said proceeds of sale 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 Robert Owens and Honor Owens, their heirs, executors, administrators or assigns, which sale or sales made as aforesaid, shall forever be a perpetual bar both in law and equity against the said Robert Owens and Honor Owens, their heirs, executors, administrators and assigns, and all persons claiming said premises, so sold, by, from or under them, or any of them. AND we, the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgagees, and its successors and assigns, that we and they will upon request execute such deed or deeds confirmatory of said sale or sales as may be required. AND FURTHERMORE, we, the said mortgagors, for ourselves and for our heirs, executors,

881 administrators and assigns, hereby covenant with the said mortgagees, and its successors and assigns, that insurance against loss by fire and extended coverage shall be kept and maintained on the buildings on the premises aforesaid, in such office or offices as the said mortgagees, and its successors or assigns, shall approve, in a sum not less than Thirty-six hundred ($3600.00) dollars, and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said mortgagees, or its successors or assigns as collateral security hereunto, and in default thereof, hereby agree that the said mortgage, or its successors or assigns, may effect such insurance in the name of the said mortgagees, and their heirs and assigns, payable in case of loss to the said mortgagees, and its successors or assigns, and that the premiums or premiums paid therefor shall be a further charge upon said granted premises, secured by these Presents. IN WITNESS WHEREOF we have hereunto set our hands and seals this 7th day of January in the year one of our Lord one thousand nine hundred and fifty-five. Executed in presence of { Henry Pritchard { Henry Harris { ROBERT OWENS (SEAL) HONOR OWENS (SEAL) STATE OF CONNECTICUT, &c.) } County of New London } On the 7th day of January, A. D. 1955 before me personally appeared ROBERT OWENS and HONOR OWENS 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. HENRY HARRIS (Notarial Seal) Notary Public Received for record January 8th, A. D. 1955 at 10:30 o'clock, a. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE THE WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, at Westerly, Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Land Evidence Records in the Town of Charlestown, R. I., in Real Estate Mortgage Book Number 34 Pages 379-380-381 does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Association has caused these presents to be signed and its Corporate Seal to be hereunto affixed by A. Amelia Peckham its Treasurer duly authorized this 4th day of December, 1966. WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (Corporate Seal) By A. Amelia Peckham its Treasurer Received for record December 5th, A. D. 1966 at 1:15 o'clock, p. m., and recorded by [Signature] Town Clerk