2/17/1938 · MORTGAGE · book 27 page 248 doc 42@27/248

248 KNOW ALL MEN BY THESE PRESENTS: THAT we, RUTH A. BARBER of the Town of Charlestown, county of Washington and State of Rhode Island, and MADELINE A. MASON of the City of Bridgeport, County of Fairfield and State of Connecticut (hereinafter called the mortgagors) in consideration of SEVENTEEN HUNDRED FIFTY ($1,750.) Dollars to us paid by Industrial Trust Company, 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, do hereby grant, bargain, sell and convey unto said Industrial Trust Company, its Successors and Assigns, forever, A certain tract or parcel of land with all the buildings and improvements thereon situated in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Lot No. 6 as shown and delineated on a certain plan or plat entitled "Plat of Quonochonticut Beach Central, Charlestown, Rhode Island, Thorp & Train, Engineers, Agent: Samuel W. Daley dated June 14, 1924, Roll 1 Sheet 1", signed, witnessed and attested to November 5th 1927 said plan or platting be on file in the Town Clerk's Office in said Town of Charlestown. This conveyance is made with and subject to the rights, privileges, reservations and restrictions contained in a deed from Howard L. Thorp to Thomas S. Prescott and Mabel S. Prescott in deed dated August 8, 1929 and recorded in the Town's land evidence book in said Town of Charlestown in Book 21 at Page 483. Being the same premises conveyed to our mortgagors by deeds from William H. Todd and Prescott W. Daley dated the 24th day of January 1935 as recorded in the Books of Land evidence in said Town of Charlestown in Book 27 at Page 20, reference to said deed and the record thereof being hereunto made and the same is the hereunto annexed in the present. Also all the furniture and furnishings and appurtenances in and about the aforesaid premises, together with any additions thereto and replacements therefrom hereafter made, hereby convey and mortgage to the Mortgagors to keep said premises in a thoroughly rentable condition for occupancy. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances unto and to the use of said Industrial Trust Company, its Successors and Assigns, forever. And we, the said mortgagors, do hereby, for ourselves, and for our heirs, executors and administrators, covenant and administer, covenant with said Industrial Trust Company, its Successors and Assigns, that we are lawfully seized in fee simple of the said grant premises granted: that the same are free from all encumbrances whatsoever that we have right, full power and lawful authority to sell and convey the same in a manner as aforesaid; that said Industrial Trust Company, its Successors and Assigns, shall by these present at all times hereafter peaceably have and enjoy the said premises and that the said mortgagors will their heirs, executors and administrators 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 whomsoever and also to pay the moneys, taxes, assessments and other expenses hereby secured as hereinafter provided. and for the consideration aforesaid, I, Mrs. Madeline A. Mason, further covenant that I am not married, and I, Paul J. Barber, husband of the aforesaid Ruth A. Barber do hereby release all my right of curtesy in and to the said granted premises, unto said Industrial Trust Company, its Successors and Assigns, forever. PROVIDED, NEVERTHELESS, that if we, the said mortgagors, or our heirs, executors, administrators or assigns, shall pay unto said Industrial Trust Company, its Successors or Assigns, the sum of Seventeen hundred fifty ($1,750.) Dollars, in six (6) months from the date hereof, with interest thereon at the rate of Six (6%) per cent per annum, payable semi-annually in advance until said principal sum is paid, whether at or after maturity, and all installments of interest in arrears, whether before or after maturity, to be paid interest at the rate aforesaid until paid, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises, or upon said Industrial Trust Company, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that may be hereafter enacted, then, this deed, as also our Promissory note whereby we, the said mortgagors promise to pay said Industrial

249 Trust Company or order, the sum aforesaid with interest as aforesaid, at the times aforesaid, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said sum or of said interest at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same become payable, or by any either of them, or of any part thereof, or if breach shall be made of the covenants for insurance hereinafter contained, 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 thereof and the benefit and equity of redemption of the said mortgagors and of the said Paul J. Barber, their heirs, executors, administrators and assigns thereunto, 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 said Washington County with power to adjourn such sale from time to time; and 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 attorneys or dornateys of the said mortgagors and of the said Paul J. Barber (for that purpose by these presents duly authorised and appointed with full power of substitution and revocation) to make, execute and deliver to the purchaser or purchasers at such sale or sales, good and sufficient deed or deeds of sale and release in fee simple and to receive the purchase moneys, and therefrom to retain all sums hereby secured, and other then due or to fall due thereafter, or by the part thereof then remaining unpaid, and the interest then due on the same, together with all expenses incident to such sale or sales, and all counsel fees and other expenses incurred in, or in any way connected with the exercise of these powers, and all taxes and assessments as aforesaid, and all premiums for insurance, either theretofore paid by said Industrial Trust Company, its Successors or Assigns, then remaining unpaid, and paying the surplus of said purchase moneys, 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 mortgagors, their heirs, executors, administrators or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagors, and the said Paul J. Barber, their heirs, executors, administrators and assigns, and all persons claiming said premises sold by me, from or under them or any of them. And we, the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby convey with said Industrial Trust Company, its Successors and Assigns, that we or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, we the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with said Industrial Trust Company, its Successors and Assigns that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid, in such own office or offices as said Industrial Trust Company, its Successors and Assigns, shall approve, in a sum not less than Seven hundred fifty dollars ($750.) Dollars, and that all policies of insurance upon said buildings shall be assigned and transferred, or made payable in case of loss to said Industrial Trust Company, its Successors and Assigns, as collateral security thereto, and, in default thereof, hereby agree that said Industrial Trust Company, its Successors and Assigns, may effect such insurance either in its or their own name, or in the name of said mortgagors, their heirs or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises, secured by these presents as aforesaid. IN WITNESS WHEREOF, we have hereunto set our hands and seals this sixteenth day of February, A. D. one thousand nine hundred thirty-eight. Signed, sealed and delivered in presence of} RUTH A. BARBER Thomas Sutcliffe} MADELINE A. MASON Lewis Stanton} PAUL J. BARBER

STATE OF RHODE ISLAND) County of Washington ) In Westerly on the sixteenth day of February, A. D. 1938 before me personally appeared the above named Paul J. Barber and Ruth A. Barber, husband and wife, and Madeline A. Mason each and all to me known and known 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. ROBERT J. COOKS (L. S.) Notary Public. Received for record February 17th, A. D. 1938 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk. Industrial Trust Company, having received full payment and satisfaction of the within mortgage, does hereby cancel and discharge the same. IN WITNESS WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by the Manager & the Asst Manager of its Westerly Branch duly authorized, this 28th day of November A. D. 1938. Signed and sealed in presence of [Signature] INDUSTRIAL TRUST COMPANY (Corporate Seal) By James M. Pendleton, Manager. Lewis Stanton, Asst. Manager. Above discharge received for record November 30th, A. D. 1938 at 11:00 o'clock, a. m., and recorded by [Signature] Town Clerk