7/1/1955 · MORTGAGE · book 35 page 44 doc 4621@35/44

44 MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, That I, FRANK J. CAPALSO, of the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter called the mortgagor, for consideration paid, grant to the WASHINGTON TRUST COMPANY, a corporation created by Act of 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, with MORTGAGE COVENANTS, to secure the payment of THIRTEEN THOUSAND FIVE HUNDRED and 00/100 ($13,500.00) Dollars, with interest thereon at the rates specified in a certain negotiable promissory note of the mortgagor, of even date herewith, said principal and interest being payable in monthly installments of TWO HUNDRED and 00/100 ($200.00) Dollars each on the 29th day of each successive month commenced July 29, 1955 until said principal and interest are paid in full, as provided in said note, the following described land, together with all buildings and other improvements now or hereafter erected thereon, all hereditaments, appurtenances and other rights belonging or however other in any way now or hereafter appertaining, together with and including as part of the realty, all heating and air-conditioning apparatus, plumbing, stoves, storm doors and windows, gas, oil and electric fixtures, screens, storm doors, awnings, and other fixtures of whatever kind now on said premises or hereafter placed thereon prior to the full payment and discharge of this mortgage, situated in the Town of Charlestown and Westerly, County of Washington and State of Rhode Island, and bounded and described as follows: That certain tract of land, with the buildings and improvements, known as "Joe Pepe's Inn", located on the westerly side of the Cross Mills-Carolina Road in S. Westerly, Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to-wit: BEGINNING at the northeasterly corner of the parcel hereinafter conveyed, at the intersection of the Cross Mills-Carolina Road in S. Westerly and the Cross Mill Road, se-north; thence running westerly, along said Cross Mill Road, southwesterly following the course of a stone wall to another stone wall and land now or formerly of Wayne R. Blair, southwesterly thence running southwesterly along said stone wall to the north side of the north east corner of an easement of the Narragansett Electric Company; thence easterly along the said easement to the point of beginning; thence running southerly following the course of said last mentioned road to the point and place of beginning; bounded easterly by said Cross Mills-Carolina Road in S. Westerly, Rhode Island, southernly bounded by the use of the Narragansett Electric Company and westerly by land now or formerly of Bradley Sair et ux; or however otherwise the same may be bounded. Together with all the restaurant member, bar and tavern equipment and fixtures and all other used personal property located on said premises and used in the conduct of said "Joe Pepe's Inn". Being the same premises conveyed to the mortgagor herein by Sylvester J. Capaldo and Ruth B. Capaldo, by quit-claim deed dated June 28, 1955, as will appear of record in the Land Evidence Records of Charlestown, Rhode Island, in Book 35, Page 44, and rights of way reserved in Indenture of Joseph Pepe to Sylvester J. Capaldo and Frank J. Capaldo, which deed bears date of January 20, 1947, and is recorded in the Land Evidence Records of the Town of Charlestown, in Book 24, Page 594. EXCEPTING, however, from the above-described property a parcel located substantially in the southeasterly corner of the above-described tract, containing by estimation 13,000 square feet, more or less, and conveyed to Sylvester J. Capaldo and Ruth B. Capaldo by deed dated August 29, 1952 and recorded in the Land Evidence Records of the Town of Charlestown, R. I. in Book 33, at Page 111. That certain lot or parcel of land, together with all the buildings and improvements thereon, located in the village of Bradford (formerly known as Matunuck) in Westerly, County of Washington and State of Rhode Island, bounded and described as follows: Beginning at the southeasterly corner of the above described premises, at a point on the easterly side of Main Street, within the village of Bradford, northeasterly corner of land now or formerly of Anna G. Grilli; thence running northerly, bounded easterly by land now or formerly of Natale and Antonina Corina; thence running northerly, bounded easterly by land now or formerly of Natale and Antonina Corina; thence running easterly, bounded northerly by said Natale and Antonina Corina, land now or formerly of Anna G. Grilli, and land now or formerly of Corina land, 16 feet more or less; thence running easterly, bounded northerly by land formerly of Sylvester J. Capaldo; thence running northerly, bounded easterly by said last mentioned land, 10 feet more or less; to land formerly of Annunziata and Finota Vuono, and now or formerly of said Anna G. Grilli; thence running northerly, bounded easterly by said last mentioned land, 10 feet more or less; to 20 feet, and thence running westerly, bounded southerly by said Grilli land, 65 feet more or less, to the point and place of beginning. Subject to the perpetual right to pass and repass at all times and for all purposes from the rear of their assigns, to and pass and repass at all times and for all purposes from the rear of their premises adjoining the premises herein conveyed, across the lands formerly of said Natale and Antonina Corina, northeasterly portion of the above described lands formerly of said Frank Capaldo, now of Alvin J. Fortune et ux, and thence over said Fortune land to and from Main Street. Being the same premises conveyed to the mortgagor herein by Frank Capaldo, by deed dated March 20, 1946 and recorded in the Land Evidence Records of said Town of Westerly, in Book No. 63 at Page 629. Together with the perpetual right to pass and repass at all times and for all purposes,

45 foot and with vehicles, to and from the northerly line of the above described premises, over and across the adjoining premises of Alvin J. Fortune and Josephine A. Fortune, and thence over said driveway to and from Main Street. This grant of the aforesaid right of way is made as appurtenant to said above described land Frank J. Capalbo land, and in consideration of the sum of One Dollar ($1.00) paid by said Frank J. A. Fortune to said Frank J. Capalbo, which deed bears Date of March 30, 1955 and is Recorded in the Land Evidence Records of said Town of Westerly, in Book No. 63 at Page 627. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; provided, that a foreclosure sale may be held upon the premises or elsewhere at the option of the mortgagee, as specified in the notice of such sale. This mortgage is made subject to those additional agreements and covenants contained in that instrument entitled ADDITIONAL COVENANTS OF MORTGAGORS OF THE WASHINGTON TRUST COMPANY, that instrument being executed by the mortgagor, a copy of which has this day been received by the mortgagor, the exact terms of which are on record in said Town of Charlestown, in Land Evidence Records Book 34 at pages 369 and 370, and in said Town of Westerly, in Land Evidence Record Book 73 at Page 495 et seq. Said agreements and covenants are by reference made part of this mortgage, and if default shall be made in the observance or performance of any of the same, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for the consideration aforesaid, I, Josephine H. Capalbo, wife of the mortgagor herein, release to the mortgage all my right of dower and all other rights, statutory and otherwise, in the aforementioned premises. WITNESS our hands this 29th day of June 1955. Executed in presence of Alfred C. Baker FRANK J. CAPALBO JOSEPHINE H. CAPALBO STATE OF RHODE ISLAND County of Washington. In Westerly, R. I. on the 29th day of June 1955, before me personally appeared the above named Frank J. Capalbo and Josephine H. Capalbo, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument by them executed to be their free act and deed. ELEANOR B. HALL (Notarial Seal) Notary Public Received for record July 1st, A. D. 1955 at 9:02 o'clock, a. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE THE WASHINGTON TRUST COMPANY, 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 35 Page 44-45 does hereby cancel and discharge the same in full. IN TESTIMONY WHEREOF, said Company has caused these presents to be signed and its Corporate Seal to be hereunto affixed by David Robertson its Treasurer duly authorized, this 17th day of April, A. D. 1958. THE WASHINGTON TRUST COMPANY (Corporate Seal) Signed and sealed in presence of: John B. Mudge By David Robertson Its Treasurer Received for record April 21st, A. D. 1958 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk