7/22/1955 · MORTGAGE · book 35 page 63 doc 4641@35/63

63 KNOW ALL MEN BY THESE PRESENTS: That we, John J. Holz and Frances M. Holz, husband and wife, of the Town of Charlestown, Rhode Island, hereinafter called the "mortgagors," in consideration of Twenty-One Hundred (2100.00) Dollars, to us paid by INDUSTRIAL NATIONAL BANK of Providence, a national banking association organised and existing under the laws of the United States of America, with its principal place of business in the City and County of Providence in the State of Rhode Island, hereinafter called the "mortgagee," the receipt whereof is hereby acknowledged, do hereby grant to the mortgagee, its successors and assigns forever, with MORTGAGE COVENANTS, to secure the payment of the principal and interest of a certain promissory note of the mortgagor of even date herewith and bearing the serial number hereof, the following: Two chose certain lots or parcels of land, together with all buildings and improvements thereon, situated on the northern side of the Post Road, in the Town of Charlestown, County of Washington, in the State of Rhode Island, bounded and described as follows: Parcel No.1: That certain real estate situated in the Town of Charlestown, County of Washington, in the State of Rhode Island, bounded as follows: Beginning at a point on the northerly side of the Post Road, and thence southerly, at the southeasterly corner of premises of Carl Smeberg et ux, and thence southeasterly the corners of the radius property line, a distance of 250 feet more or less, to a stone wall; thence westerly turning running easterly along said stone wall, a distance of 5 feet more or less, to a point; thence northerly, at the corner of premises of Carl Smeberg et ux, and the southeasterly corner of the radius property line, a distance of 230 feet more or less, to a stone wall; thence westerly turning running easterly along said stone wall, a distance of 5 feet more or less, to a point; thence northerly, at the corner of premises of Carl Smeberg et ux, a distance turning and running southeasterly, bounded easterly by land now or formerly of said Carl Smeberg et ux, a distance running southeasterly, bounded easterly by land now or formerly of said Carl Smeberg et ux, a distance turning and running westerly, bounded southerly easterly by land now or formerly of said Carl Smeberg et ux, a distance turning and running westerly, a distance 230 feet, to a point; thence northerly, at the corner of premises of Carl Smeberg et ux, a distance turning and running easterly, bounded southerly east by Post Road, a distance of 75 feet to the point and place of beginning, said land now or formerly of John J. Holz et ux, and the land running easterly by land now or formerly of Asa Church, easterly by land now or formerly of Asa Church C. Church et ux, and southeasterly by the Post Road, as more fully described in a warranty deed of May 24, 1936, from Asa Church to John J. Holz et ux, recorded in the Land Evidence Records of said Town of Charlestown in Book Bo, page 29, reference made hereto. Parcel No.2: Beginning at a point on the northerly side of the Post Road, in the Town of Charlestown, at the southeasterly corner of land of Asa C. Church et ux and the southeasterly corner of land of John J. Holz et ux, and thence running easterly, bounded southerly easterly by said Post Road, a distance of 5 feet, thence running northerly, a distance of 5 feet, thence running easterly along the line of premises of said other land of John J. Holz et ux, a distance of 230 feet, more or less, or until it comes to a distance 5 feet from a stone wall; thence running northerly along said stone wall, a distance of 5 feet, thence running westerly along the line of premises of said other land of John J. Holz et ux, a distance turning and running westerly, bounded easterly by land now or formerly of Asa C. Church et ux, a distance of 5 feet to the northerly easterly corner of other land of said John J. Holz et ux; thence turning and running southerly, a distance of 5 feet, to the point and place of beginning. This Mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE: that provided, however, that publication of notice of sale may be made alternatively in a provider newspaper published in the City of Providence, and that a foreclosure sale may be held on public premises anywhere located in the City of Providence, and that a foreclosure sale may be held upon the premises or elsewhere at the option of the mortgagee, as specified in the promissory note. This mortgage is made subject to those additional covenants, conditions and agreements contained in a STATEMENT OF COVENANTS AND AGREEMENTS executed by the mortgagors this day received by the mortgagee, the receipt whereof is hereby acknowledged, the exact terms of which are on record in the Land Evidence Book, no, page [?], of the Town of Charlestown, and which are hereby made part of this mortgage, and if default shall be made in the performance or observance 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 and aforesaid, we said mortgagors, being husband and wife, release to the mortgagee all right of (dower)(curtesy) and all other rights, statutory or otherwise, in the aforementioned premises. IN WITNESS WHEREOF, the mortgagor has executed these presents on the 22nd day of July, 1955. Executed in presence of James O. Watts JOHN J. HOLZ FRANCES M. HOLZ INDIVIDUAL ACKNOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In said South Kingstown on the 22nd day of July A. D. 1955, before me personally appeared the above named John J. Holz and Frances M. Holz, each to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. JAMES O. WATTS Notary Public Received for record July 22nd, A. D. 1955 at 4:36 o'clock, P. M., and recorded by [Signature] Town Clerk (FOR DISCHARGE OF ABOVE MORTGAGE, SEE PAGE 75)