12/19/1955 · MORTGAGE · book 35 page 212 doc 4801@35/212

212 In consideration of the purchase price it is understood and agreed that the following restrictions and reservations shall apply to and run with the land for a period of thirty years from the date hereof. The above conveyed premises shall be used as a site for only one residence on the lot hereby conveyed, said residence to be of a class to cost not less than five thousand ($5,000) dollars to be erected in accordance with the restrictions set forth in the scheme shown on plat said, and no portion of any building erected on the lot shall apply across the building line. No unsightly fence, no neglected grass or other building or buildings shall be erected thereon, and all toilets and sinks must drain into a septic tank system. In consideration of the purchase price, the grantees, their heirs, executors, administrators and assigns, licensees, cements, and servants are granted a right of way to cross and access Sunset Avenue to the public highway, in common with others, over and across Sunset Avenue to the public highway, with other easements and rights of way to cross and access Sunset Avenue to the public highway, with other easements and rights of way to cross and access Sunset Avenue to Quonocuton Pond and known as the "69" and designated as a right of way to the sea and that said grantees, their heirs, executors, administrators and assigns, licensees, cements, and servants are granted a right to cross and cross to access to the sea over and beach and beach with other easements and rights of way to cross and access to the sea (10 feet in width) bound on easterly by land of Lila Crapo Soule and westerly by land of Sophie M. [?] described in that deed from Sarah A. [?] to Charles E. Domile, Jr. dated July 17th, 1939 and recorded in the Land Evidence Books of Rhode Island in said town in the record of the rights and privileges granted in 1789 to the inhabitants, their heirs, executors, administrators, assigns, licensees, cements, and servants are granted a right of way to cross and cross to access Sunset Avenue and other roads leading to the public highway and to cross and access to the sea over and cross and access to Quonocuton Pond, the grantees, their heirs, executors, administrators, assigns, licensees, cements, and servants shall hold the grantees free from any damage or liability of any kind or nature due to the use of said drives, streets, roads or right of ways as hereinbefore specified. IN WITNESS WHEREOF, the said corporation has caused these presents to be duly signed by its President and Treasurer, herunto duly authorized and the corporate seal to be herunto affixed at Westerly, Rhode Island, this 15th day of June, 1955. CHARLESTOWN ESTATES, INC. (Corporate Seal) Howard N. Thorp President Nelson N. Thorp Treasurer (DOCUMENTARY STAMP, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on this 15th day of June 1955, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said corporation, and Nelson N. Thorp, to me known and known by me to be the Treasurer of said corporation, and they acknowledged said instrument by them executed to be the free act and deed of said corporation and as well individually. JOAN A. ZANELLA (Notarial Seal) Notary Public Received for record December 14th, A. D. 1955 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That SANTO ALGIERE and MARY L. ALGIERE, husband and wife, both of the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the "mortgagors", in consideration of Twelve Thousand Eight Hundred ($12,800.00) 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 mortgagees, its successors and assigns forever, with MORTGAGE COVENANTS, to secure the payment of the principal

213 and interest of a certain promissory note of the mortgagors of even date herewith and bearing the serial number 1882, hereof, the following: Two certain lots or parcels of land with the buildings and improvements thereon, bounded and described as follows: FIRST PARCEL: A certain lot or parcel of land, lying and being in the Village and said Town of Westerly, bounded and described as follows, to-wit: BEGINNING at the northeasterly corner thereof, on the westerly side of the highway known as Robert Street, and adjoining land of Leonard Pagliarulo and wife, northerly bounded by said highway and the land of Leonard Pagliarulo and wife, to the east side of road of Robert Wigley; thence run northerly 77 feet to the southeasterly corner of land of Robert Wigley; thence run easterly 77 feet to the northeasterly corner of the lot and place of being of Giminio; thence run southerly 88 feet to the southeasterly corner of the lot and place of being of Giminio; bounded easterly by said Robert Street, southerly bounded by the lot and place of being of Giminio, and westerly bounded by the road of land of Robert Wigley, northerly owned by land nor formerly of said Robert Pagliarulo and wife, or however otherwise the same may be bounded, marked and described. Being the First Parcel described in a warranty deed from said Mary L. Algiere to Santo Algiere and herself as joint tenants with the right of survivorship, dated February 10, 1942 and recorded in the Land Evidence Records of the Town of Westerly in Book 268 page 398. SECOND PARCEL: A certain tract or parcel of land lying and being partly in the Town of Westerly and partly in the Town of Charlestown, in said County and State, containing approximately 1.15 acres, more or less, bounded as follows: to-wit: northerly by the Perimeter's Hawthorne Street; partly bounded by the highway leading from the Village of Bradford to Charlestown; and westerly partly by land of Vincenzo L. Pagliarulo and wife, and partly by the highway leading from the Village of Bradford to Charlestown; and southerly bounded by the land of Robert Pagliarulo and wife, and the right to pass and repass to and from the same forever, as described in Book 241, page 212 of the Land Evidence Records of the Town of Westerly, dated February 18, 1936, from Santo Algiere, or his heirs. This second Parcel being the same land and all the same premises conveyed to the mortgagors by Alma L. Algiere by warranty deed dated November 13, 1952 and recorded in the Land Evidence Records of the Town of Westerly in Book 317, page 355; except that certain parcel of land described in the Town of Charlestown Land Evidence Records in Book 35, page 212 and from the effect of this deed, however, that certain parcel of land described in the warranty deed from Santo Algiere to Santo Algiere and Mary L. Algiere and Lillian Brown, by their deed dated June 23, 1955 and recorded in the Land Evidence Records of the Town of Westerly, in Book 337, page 111. Including as a part of the realty, any portable or sectional buildings, heating apparatus, plumbing, storm doors and store windows, oil burners, gas burners and electric furnaces, screens, screen doors, by rubber gaskets, and other fixtures attached thereto, including all shrubs of whatever kind and nature now on the premises covered by this mortgage or hereafter placed thereon, prior to the full payment of the debt secured by this mortgage. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE: Provided, However, that the publication of notice of a foreclosure sale may be made alternatively in a public newspaper published in the City of Providence and Charlestown, and that such sale may be held on any day other than a Sunday, upon notification of the mortgagors, as specified in said notice. This mortgage is made subject to all those amendments covenants and agreements contained in a STATEMENT OF COVENANTS AND AGREEMENTS, a copy thereof having this deed as an annex which the mortgagors, the receipt whereof is hereby acknowledged, the same being recorded in the Charlestown Land Evidence Records in Book 34, pages 40-41. Said covenants and agreements are hereby by reference made a part of this mortgage and if default shall be made by the mortgagors in the performance or observance of any of the same, it shall be lawful for the mortgagees to sell the above described premises pursuant to the STATUTORY POWER OF SALE. And for the consideration aforesaid the said mortgagors hereby release to the mortgagees all their respective rights of curtesy and dower and all other rights, statutory or otherwise, in the aforesaid premises. The First Parcel above described is located in the Town of Westerly and the Second Parcel is located partly in the Town of Westerly and partly in the Town of Charlestown, therefore, the within mortgage is being executed in duplicate for recording purposes. IN WITNESS whereof, the mortgagors have executed these presents on this 16th day of December, 1955. Executed in presence of Thomas Satterly Robert E. Cooke SANTO ALGIERE MARY L. ALGIERE STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 16th day of December, 1955, before me personally appeared the above named Santo Algiere and Mary L. Algiere, husband and wife, as to me known and known me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. ROBERT E. COOKE Notary Public Received for record December 19th, A. D. 1955 at 8:55 o'clock a. m., and recorded by [Signature] Town Clerk (FOR DISCHARGE OF ABOVE MORTGAGE, SEE PAGE 688)