6/25/1955 · MISC · book 35 page 33 doc 4611@35/33

33 ADDITIONAL COVENANTS OF MORTGAGORS OF WESTERLY SAVINGS FUND AND LOAN ASSOCIATION All persons and corporations (hereinafter called the "mortgagor") who execute and deliver to the Westerly Savings Fund and Loan Association, Westerly, Rhode Island, (hereinafter called the "mortgagee") any mortgage or mortgages covering property owned by them, in addition to specific agreements and covenants set forth or referred to in said mortgage or in the notes or securities referred there to by said mortgage instruments, agree to the following covenants which are referred to in said mortgage or by reference hereby made part of said mortgage made by them. The undersigned mortgagors hereby agree as follows: 1. To promptly pay when due all taxes, and water, sewer and rates, and assessments of every sort imposed or hereafter assessed or imposed upon or in respect of the mortgaged kind heretofore or hereafter assessed or imposed upon or in respect of the mortgaged property or upon said mortgages, in respect of any mortgage or mortgage debts, and all premiums for insurance on said property. 2. To keep the mortgaged property insured against loss or damage by fire and other hazards, as in such amounts and forms, and in such Company or Companies, as the mortgagee, shall consider sufficient and reasonable, and such policy or policies to be assigned and transferred, and delivered to the mortgagees as collateral security, and the mortgagor agrees to pay the premiums thereon, the mortgagee may effect such insurance and/or pay the premiums thereon, and if the mortgagors fail to reimburse the mortgagee for any such premiums paid by said mortgage and bear interest at the rate provided upon the mortgage indebtedness until reimbursed in full. The mortgagors hereby irrevocably appoint the mortgagees or their attorneys, in their name and stead, to sue for and recover any said mortgages, at the option of the mortgagees, to demand, sue for, compromise, and collect any and all insurance proceeds which may accrue from such insurance, to give discharge and release for any such proceeds received in settlement of such losses, to reimburse itself from any and all expenses (including reasonable attorneys fees) incurred thereon, at its election, in whole or in part upon the indebtedness secured, whether or not then due, or then up to the amount of expenses of repairing or restoring the mortgaged property to its former condition and any balance then remaining to the mortgagors. In case of foreclosure under said mortgage, all right, title and interest of the mortgagors in any such insurance policy, any proceeds of return or refund of premiums or dividends thereunto, and any surplus over and above a sum equal to the amount of the mortgage indebtedness and any surplus paid over as a sum to the mortgagees. 3. To keep the interior and exterior of all buildings and other improvements upon the mortgaged premises in good repair and not to make any change or permit demolition, removal or material alterations thereto unless the written consent of the mortgagee has been first obtained in writing. 4. To permit the mortgagee, or its officers, agents and successors and employees at all reasonable times to enter upon and inspect the mortgaged premises and any buildings thereon, and if in the opinion of the mortgagee, the security of said mortgage is impaired, then, at its option, it may enter and take possession thereof. Costs of sale in case of foreclosure shall be deducted from the proceeds hereby secured. 5. In case the mortgagor shall be declared bankrupt or shall make an assignment for the benefit of creditors or in case the or the mortgaged property shall be placed in the custody of creditors or in case the mortgaged property shall be subject to any tax lien or attached or liened or any such attachment or lien shall not be removed within 30 days after the levy thereof or such attachment or lien shall not be removed within 30 days after the levy thereof or such attachment or lien shall not be removed within 30 days after the levy thereof the mortgagee shall be authorized and empowered at its option, without notice and without the affecting the lien or priority of the mortgage indebtedness now due and payable all sums secured by said mortgage, to disconnect the utilities and services due and payable all sums secured by said mortgage. 6. In case the right to title or possession of all or any part of the mortgaged property shall for any reason pass from the mortgagors, or their heirs, executors, or any person or persons to whom the mortgage may be assigned, without the written consent of the mortgagees, then the mortgage shall become immediately due and payable; provided, however, that the right to lease the mortgaged premises to others shall not be deemed to involve a change in the right to possession within the meaning of this clause. 7. Whenever used herein, the term "mortgagor" shall be construed to refer to the mortgagor, its successors or assigns, and the term "mortgagee" shall be construed to refer to the mortgagee or successors or assigns, their heirs, executors, administrators, successors and assigns; the signor of the mortgage, shall be deemed to include the guarantor, shall require or permit; and the terms "property" or "premises" wherever the same is used, shall comprise personal property as well as real estate to the extent that the same is included in the mortgaged premises. Dated ____________________, 19____ I-We, the undersigned, mortgagor, hereby assenting to all of the agreements and covenants hereinabove set forth, attest that the same constitute part of the mortgage executed herewith, and acknowledge receipt of a record copy STATEMENT OF ADDITIONAL COVENANTS OF MORTGAGES OF WESTERLY SAVINGS FUND AND LOAN ASSOCIATION. In presence of: ____________________ IN WITNESS WHEREOF, WESTERLY SAVINGS FUND AND LOAN ASSOCIATION has caused these presents to be executed and its corporate seal to be hereunto affixed by its proper officers hereunto duly authorized this 24th day of June 1955. Signed and sealed James J. Morrison WESTERLY SAVINGS FUND AND LOAN ASSOCIATION Walter C. Heacock Its President John B. Findlay Its Treasurer

STATE OF RHODE ISLAND COUNTY OF WASHINGTON On this day come on this 24 day of June, A. D. 1955, before me personally appeared Walter C. Hiscox and John B. Findlay, respectively President and Treasurer of WESTERLY SAVINGS FUND AND LOAN ASSOC, to be the parties executing the foregoing Instru- ment Association, to me known and identified to be the parties executing the foregoing instru- ment act and on behalf of WESTERLY SAVINGS FUND AND LOAN ASSOC, and acknowledged said instrument to be their free act and deed in their said capacities as President and Treasurer of the instrument by them executed to be their free act and deed in their said capacities as President and Treasurer of Westerly Savings Fund and Loan Association and the free act and deed of said and Treasurer of Westerly Savings Fund and Loan Association. GENTHUDE M. HEALY (Notarial Seal) Notary Public Received for record June 25, 1955 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that we, William H. Noyes, George L. Noyes, Robert L. Noyes, Earl W. Noyes and Marjorie Baton, of the Town of Richmond, County of Washington, State of Rhode Island, Myrtle E. Sompi, of the Town of Charlestown, said County and State, Charles E. Noyes, of the Town of Westerly, said County and State, Ella Kinder, Susan E. Pearce and Dorothy L. Plackett, of the Town of Coventry, County of Kent, State of Rhode Island, and Wilfred O. Noyes, of the Town of West Barrington, County of Bristol, State of Rhode Island, deceased, for consid- eration paid, grant to GRACE V. NOYES, of the Town of Charlestown, County of Washington, State of Rhode Island, with QUIT-CLAIM COVENANTS That certain tract of land, containing sixty (60) acres, more or less, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washing- ton, State of Rhode Island, and described as follows: Beginning at the northeast corner of said tract near Champlain's Bridge; thence running southerly along the highway to Cedar Swamp Brook; thence westerly by said brook until it comes to land formerly of Gutterman Noyes; thence southerly by said land until it comes to the river; thence thence southerly by said land until it comes to the river; thence thence westerly by said land until it comes to the river; thence thence southerly by said land until it comes to the river; thence by said river to the point and place of beginning, or however otherwise the same may be bounded on the south. Reserving, however, the burial ground on the above described premises, together with the rights there pertaining as contained in deed of Henry R. Nye, et al to William H. Noyes et al recorded in Records of Land Evi- dences, said Town of Charlestown, Book 19, Pages 523 and 524. This conveyance is made subject to easement deed of William O. Noyes and Grace V. Noyes to South County Public Service Company dated December 28, 1950 and recorded in Records of Land Evidences, said Town of Charlestown, Book No. 23 at Pages 343 and 344. The consideration of this deed is such that no Internal Revenue Stamps are required. We, Lonella Noyes, wife of William H. Noyes, Martha Noyes, wife of George L. Noyes, Clara Noyes, wife of Charles E. Noyes, Ruth Noyes, wife of Robert L. Noyes, Jane V. Noyes, wife of Earl W. Noyes, Kathleen Noyes, wife of Wilfred O. Noyes, release to said Grantee all our right of dower, respite, and all other interest in and to the aforementioned premises. We, George H. Baton, husband of Marjorie Baton, Carl Sompi, husband of Myrtle E. Sompi, John Kender, husband of Ella Kender, Elmer Pearce, husband of Susan E. Pearce and Albert Plackett, husband of Dorothy L. Plackett, release to said Grantee all our rights of curtesy, respectively, and all other interest in and to the aforementioned premises. WITNESS our hands this 7th day of May, 1955. No Internal Revenue Stamps required.