2/19/1955 · MORTGAGE · book 34 page 405 doc 4116@34/405

405 KNOW ALL MEN BY THESE PRESENTS, that We, PAUL FREDERICK DINWOODIE and HELEN ELIZABETH MATTSON DINWOODIE, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island hereinafter called the mortgagors, in consideration of Fifty-three hundred ( $5300.00 ) Dollars 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 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 mortgagees, and its successors heirs and assigns forever, Two certain contiguous lots or parcels of land together with the buildings thus improved and improvements thereon, or hereafter thereon, the rents, issues and profits thereof, and together with and including as and apart of the realty all personal property thereon, and together with all windows and doors, aluminum screens, ranges, mantels, stoves, curtains, doors and windows, oil burners, gas ovens and oil electrical fixtures, swings, curtains, shades (some being Venetian), blinds, and all other fixtures of whatever kind and nature and, on said premises, or hereafter placed thereon prior or subsequent to the execution of this mortgage, including the same at the same size or by agreement of the parties the same as a part of the realty, located easterly of the Road from Charlestown to Quonsetasis Road on the northerly side of 40 foot easterly of the Road from Charlestown to Quonsetasis Road from Quonsetasis East Beach Road to Quonsetasis Beach in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: Lots thirteen (13) and Fourteen (14) as shown on reference to a certain plan or plat entitled "Pesbody Plat in Charlestown, Rhode Island, owned by The Guy Lowell, L. Holland, C. M. Corporation, dated September 1936, filed September, 1936, Leon L. Holland, C. M. Corporation, date September 1936, in the Land Records of said Town of Charlestown, Book 1, which plan is on file in the Land Records of said Town of Charlestown, Book 1, page 1, of said Town. Said lots are each approximately 50 feet in width and 100 feet in depth, and taken together are bounded on the north westerly low now or formerly owned by the grantor and grantee, southerly low now or formerly owned by Bertha N. Peckham and George W. Zabel, et ux, and westerly low now or formerly owned by George W. Levers et ux, and northerly by the road. Being the same premises conveyed to said Paul Frederick Dinwoodie and Helen Elizabeth Mattson Dinwoodie by deed, 2 years ago, from said Paul Frederick Dinwoodie dated February 18, 1953, recorded in Book 31, page 111 of the Charlestown Land Evidence Book and the other premises Paul Frederick Dinwoodie dated September 9, 1948, recorded in Book 31, page 301 of said Charlestown Land Evidence Book this mortgage is subject to the following easement: "In addition to the above the right-of-way by way of a 20 foot wide road from Quonsetasis East Beach Road to Quonsetasis screened premises, the grantees, their heirs and assigns, successors and licensees to pass and repass at all times and for all purposes, in common with others having similar rights, over and across a 20 foot wide road running from Quonsetasis East Beach Road to Charlestown Road, said right-of-way being bounded northerly by the land of John B. and Ann M. Lowes, and the land of James Bonner and James Bonner and land of the Young County Realty Corporation." TO HAVE AND TO HOLD, the aforementioned premises, with all the rights, privileges and appurtenances belonging unto and unto the uses of the said mortgagees, and 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 mortgagees and 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 as above said; that the said mortgage and its successors and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises; and that we, the said mortgagors will, and our heirs, executors and administrators shall warrant, and defend and secure the same to the said mortgagees and its successors and assigns forever against the lawful claims and demands of all persons. PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition, that if the said mortgagors or their heirs, executors, administrators or assigns, shall pay unto the said mortgagees or its successors or assigns, the sum of Fifty-three hundred ($5300.00) dollars, wherever said the mortgagors have made their negotiable promissory note for said aggregate sum bearing eve interest 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 (%) per centum per annum, payable in One hundred eighty (180) monthly installments of Forty-one and 92/100 ($41.92) Dollars each payable on the 1st day of each and every month succeeding the date hereof, until said principal sum and interest shall be paid, whether at or after maturity, and all installments in arrears, whether before or 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 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 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 mortgagees, 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 Paul Frederick Dinwoodie and Helen Elizabeth Mattson Dinwoodie and their heirs, executors, administrators and assigns, therein, at public auction upon the premises or elsewhere at the option of the mortgagees, as specified in said note, and to bid for and be the purchaser or purchasers at any such sale (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., and having a circulation therein, 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 one of their name or names, or as the attorney or attorneys of the said Paul Frederick Dinwoodie and Helen Elizabeth Mattson Dinwoodie, (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 sale promised 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 not to fall due 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, 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 heretofore 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 Paul Frederick Dinwoodie and Helen Elizabeth Mattson Dinwoodie, their heirs, executors, administrators or assigns, which sale or sales made as aforesaid shall forever be a perpetual bar in law and in equity against the said Paul Frederick Dinwoodie and Helen Elizabeth Mattson Dinwoodie, their heirs, executors, administrators and assigns, and all persons claiming said premises, so sold, by them, or from 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 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, 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 Fifty-three hundred ($5300.) 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 hereto, and in default thereof, hereby agree that the said mortgagees, or its successors or assigns,

407 may effect such insurance in the name of the said mortgagors, and their heirs, and assigns, payable in case of loss to the said mortgagees, and its successors or assigns, and that the premium 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 18th day of February in the year of our Lord one thousand nine hundred and fifty-five. Executed in presence of } PAUL FREDERICK DINWOODIE (SEAL) Harrist W. Prichard } HELEN ELIZABETH MATTSON DINWOODIE (SEAL) Henry Harris STATE OF CONNECTICUT } County of New London } In Pawcatuck on the 18th day of February, A. D. 1955 before me personally appeared PAUL FREDERICK DINWOODIE and HELEN ELIZABETH MATTSON DINWOODIE 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 February 19th, A. D. 1955 at 9:31 o'clock, a. m., and recorded by [signature] Town Clerk ---- DISCHARGE OF MORTGAGE THE WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, of 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 Page 405-6-7 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 authorised, this 19th day of October, A. D., 1962. WESTERLY SAVINGS FUND AND LOAN ASSOCIATION L.S. By Its A. AMELIA PECKHAM Treasurer Signed and sealeded in present of: James J. Morrison Received for record October 22nd A. D. 1962, at 9:00 o'clock, a.m., and recorded by [signature] Deputy Town Clerk