4/28/1955 · MORTGAGE · book 34 page 464 doc 4180@34/464

464 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements parting on the part of the said grantees, their heirs and assigns on their partly perform, be kept and performed shall be and are hereby declared to be a part of the consideration of this sale and further agreed and made a part of the consideration of this sale and that in case of any violation of the above conditions of the covenants on the part of the said grantees, their heirs and assigns, the title and fee to said premises shall revert to said Howard E. Thorp and on Nelson E. Thorp, their heirs and assigns, and that they may repossess linearly for themselves of the estate hereby granted and all, right, title and interest hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey all the premises conveyed to these grantors by Howard E. Thorp and Nelson E. Thorp by deed dated February 11, 1954 and duly recorded in the Land Evidence Books of Record of said Town of Charlestown in Book #34 at Page #574 and #575. WITNESS our hands this 23rd day of April 1955. EARL W. GOMAN EDITH B. GOMAN (DOCUMENTARY STAMPS, $12.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 23rd day of April 1955, before me personally appeared Earl W. Goman and Edith B. Goman, husband and wife, 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. JAMES D. THORNTON, JR. Notary Public Received for record April 23rd, A. D. 1955 at 3:45 o'clock, p. m., and recorded by [Signature] To Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, WALTER E. SWEENOR and JOSEPHINE C. SWEENOR, husband and wife, both of the City of Cranston, (hereinafter called the mortgagor(s)) County of Providence and State of Rhode Island in consideration of FOUR THOUSAND ($4,000.00) 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, That certain plot or parcel of land, with all buildings and improvements thereon, situated in the Town of Charlestown, State of Rhode Island laid out and designated as lot number Twenty-four (24) on that plat entitled "Quonnocutug" Effingham Property of "S.A. & M.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. S

465 the same in as manner as aforesaid; that the said mortgages, and its successors and assigns, shall be by these presents at all times hereafter peaceably and quietly have and enjoy and hold premises, and that the said mortgagees, and its successors and assigns, their heirs, protectors and administrators, shall be forever barred and foreclosed from the said mortgagees, and its successors and assigns, forever, against the lawful acts claims and demands of all persons. And for the consideration aforesaid, we, SWEENOR JOSEPHINE C; SWEENOR WALTER E; husband and wife, do hereby grant, bargain, sell, release and convey and dower and all other rights, statutory or otherwise, and in the said grant forever convey and surrender the same unto the said mortgagees, and its successors and assigns, forever. PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition, that if said mortgages, or its heirs, executors, administrators or assigns, shall pay unto the said mort- gagees, or its successors or assigns, the sum of FOUR THOUSAND DOLLARS ($4,000.00) including interest, or the same therein, in forty monthly installments, all in the manner and according to the terms of a certain promissory note of the said mortgagor(s) bearing date herewith, and the interest thereon, and other sums, the payment of which are promised and agreed to be paid by the said mortgagor(s) and hereby secured, and as when the same become due and payable, and shall the same be paid accordingly, then this conveyance shall be null and void, and the payments made on the part of the said mortgagor(s), or their heirs, executors, administrators and assigns, to be paid or performed then this deed shall be null and void and the promissory note shall be returned void null and void to the parties hereto as if the same had never been executed. BUT IF DEFAULT shall be made in the payment of any of the sums money above mentioned, at the time or times when the same are due, aforesaid, or as the taxes, assessments, insurance premiums or water rates are specified, or if any other sum of money the payment of which is hereby or by said note required come not required or secured or of any such default shall continue for three (3) months, or if breach shall be of the made of the covenant for insurance hereinafter mentioned, then this conveyance shall become absolute and the said mortgagor(s), and their heirs, executors, administrators or of said note, or if the whole of the principal sum shall not be paid when the same becomes due and payable, then this conveyance shall become absolute sus the sum shall not be paid whenever lawfully declared to be immediately due, in totality or in parcels, and all lawful acts claims and demands of all persons shall be forever barred and foreclosed from the said mortgagor, singular the premises hereby granted, interested or intended to be granted to herself (or the said mortgagor(s), and any their heirs, executors, administrators and assigns therein, at public auction, and the purchase of the same and become the purchaser of the same, and the said mortgagor(s), and their heirs, executors, administrators shall become the purchaser of the same, giving first notice of the time and place of sale, by publishing the same at least once every week for three successive weeks, in a newspaper of general circulation in Kent County or the City of Providence with power to adjourn such sale from time to time, provided that the publication of said notice shall be made in such manner as is required by law, and the sale or adjustment as the publication of said notice shall be made in the same newspaper; such sale to be upon the premises or elsewhere as specified in such notice; and for this purpose the presents duly authorized and appointed with full power of substitution and revocation, purchase, and convey the premises, or any portion thereof, to the purchaser of the same, by executing a warranty deed or quit claim deed or deed of purchase sold in fee simple; and to receive the purchase moneys, and therefore to reduce the remaining unpaid principal sum, and interest, and other sums, and the expenses of the sale from the part thereof remaining unpaid, and upon the unless the interest due on the same, together with all expenses incident to such sale or sales, insurance and taxes, and other costs and charges, or in case of any proceeding on the covenant en- surement or expenses of defense of powers or with any proceeding or action concerning the en- surement premiums and expense of repairs, either therefore paid by the said mortgagees or then remaining unpaid, remaining and payable, and the said mortgagees, and its successors and assigns, unpaid remaining, and payable and the same shall be settled aforesaid, together with a true and particular account of such sale or sales, and expenses and charges, and the balance of the purchase money, if any, and the said mortgagor(s), and their heirs, executors, administrators and assigns, shall forever be a perpetual bar both in law and equity against the said mortgagor(s), their heirs, executors, administrators and assigns, all and any claims of whatever nature, whether then, or any of them all. And the said mortgagor(s), for themselves and for ourselves and our heirs, executors, administrators and assigns, hereby covenant with the said mortgagees, and its successors and assigns, that we or they will upon request execute such deed or conveyance of such sale or sales as may be necessary or advisable. AND FURTHERMORE, the said mortgagor(s), for themselves and for our heirs, executors, administrators and trators and assigns, for the consideration aforesaid and to further increase the security of this mortgage to the said mortgagees, and its successors and assigns, with the said mortgagees, and its successors and assigns, as follows: 1. To pay an indebtedness hereby secured as herein and in said note provided. 2. To pay, as when the same are respectively become due and payable without interest or penalty, all taxes, assessments water rates and other charges of every nature lawful, assessed, levied or imposed upon or in respect of or said premises of consisting in whole or in part of the said premises or mortgage, whether under statutes now in force or that may hereafter be enacted, and to pay the same promptly upon demand by the said mortgagees or maintain said premises free from all liens upon premises hereby secured as herein provided. 3. To keep and maintain insurance against loss by fire and other hazards required by the mort- gagees, its successors and assigns upon such real estate, payable in case of loss to said mortgagees, its successors and assigns upon such amount, not less than Four Thousand ($4,000.0) Dollars and not less than the amount necessary to preserve the premises from loss by fire, damages, products such and any other hazards as may be reasonably satisfactory to the mortgagees, its successors and assigns, who are hereby authorized to act upon the said buildings by the mortgagor(s) agent or broker, they may be insured, and the said insurance policy or policies to be delivered to said, mortgagees its successors and assigns, whether or not prepaid, including the appointment of the said mortgagees its successors and assigns as loss payee, and making constituting and appointing the said mortgagees its successors and assigns as their agent and attorney in fact, and authorizing its President or any other officer of the said mortgagees its successors and assigns, to act in their name and stead and their successors, their true and lawful attorney or attorneys, irrevocable, in their name and stead and but in the uncontrolled discretion of the said mortgagees its successors and assigns, to settle and collect and adjust all and any claim which may occur under any such insurance, to give discharging receipts for any and all sums received in any settlement, to compromise and settle any claim, indemnify the mortgagees its successors and assigns for all expense (including reasonable attorneys' fees) incurred in connection therewith, and to deliver the remainder thereof to the mortgagor(s), its successors or assigns as a reduction of the principal sum, and interest, or as a payment of or dividend upon any cancelled insurance, notwithstanding any claim of any holder of any subsequent lien upon said premises, at its election in whole or in part upon any installments of the installment of the

indebtedness hereby secured, whether or not then due, or in reimbursement of advances for taxes, assessments or insurance premiums, or upon the cost of replacing or restoring the damaged buildings or improvements. 4. To maintain all buildings upon said premises in good repair, and not to cause or permit sale, demolition or removal 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 not paid by the mortgagor(s) when due; and that all amounts of advance of the mortgagee, its successors and assigns, for the payment of the same or for expense of the mortgagee, its successors and assigns, in collecting the same, shall be added to the principal sum hereunto, shall be paid upon demand between the parties, shall bear interest at the same rate as the said indebtedness, and, together with such interest, shall be further lien upon the premises and secured by this mortgage. IN WITNESS WHEREOF, we have hereunto set our hand(s) and seal(s) this 27th day of April, A. D. one thousand nine hundred and fifty-nine. Signed, Sealed and Delivered in presence of Katherine M. Ryan WALTER E. SWEENOR (SEAL) JOSEPHINE C. SWEENOR (SEAL) STATE OF RHODE ISLAND, ) ) ss. County of Providence ) In Providence, on the 27th day of April, A. D. 1955, before me personally appeared the above named mortgagors, Walter E. Sweenor and Josephine C. Sweenor, each and all to me known and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties executing the foregoing instrument, and severally acknowledged and known by me to be the parties 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