4/3/1956 · MORTGAGE · book 35 page 273 doc 4870@35/273

273 KNOW ALL MEN BY THESE PRESENTS: That we, JOHN T. HAYES and wife, ANNA M. HAYES, both of the City of Hartford and State of Connecticut, (hereinafter called the mortgagor(s)) in con- sideration of TWO THOUSAND ONE HUNDRED FIFPTY and no 100/100s Dollars to us paid by the OLD COLONY CO-OPERATIVE BANK, a corporation legally incorporated, and established and transacting business in the City of Providence in the State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said OLD COLONY CO-OPERATIVE BANK (hereinafter called the mortgagee), its successors and assigns, forever, Those certain lots of land with all buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, laid out and platted in a plat entitled, "OCEAN RIDGE PLAT One in the Town of Charlestown, R.I." by the surveyor of said plat, dated on or about May 1 June 1956, Mirred R. Easterbrooks, Civil Engineer", which plat is of record in the office of the Town Clerk of the town of Charlestown, Rhode Island, to wit: Subject to restrictions, and reservation for the installation of public utilities in the roads and streets, enumerated in the deed of conveyance recorded just prior hereto; Together with the right to use the roads and streets upon said plat, and the use of the right of way (40 feet) in width designated as "Private Right of Way" and the park and that landing designated "Landing on the West" and "Boat Landing" upon the park and that landing, "Landing on the East", as shown on said plat, and that entitled, "Ocean Ridge Park Road and Boat Landing" recorded in the office of The Town clerk in the Town of Charlestown said Town. Together with all buildings and improvements now or hereafter erected thereon, all the hereditaments, appurtenances, and easements thereunto belonging, or in any wise now or hereafter appur- taining, the rents, issues and profits thereof, all plumbing, heating, lighting, wiring or any other fix- tures now or hereafter installed therein. And to HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and to the use of the said mortgagee, and its successors and assigns, forever, And the said mortgagor(s) do hereby, for themselves and for their heirs, executors and administrators, covenant and agree, that they are the sole owners and assigns, that they are lawfully seized in fee simple of the said granted premises; that the same are free from all encum- brances; except for restrictions and reservations as aforesaid; that the said premises are and shall be quietly possessed by the said mortgagee and its successors at all times hereafter peaceably and quietly have and enjoy the said premises; except for the said restrictions and reservations; shall warrant and defend the same to the said mortgagee, and its successors and assigns, forever, against the lawful claims of all and demands of all persons whomsoever. And for the consideration aforesaid, we, John T. Hayes and wife, Anna M. Hayes, mortgagors, do hereby release all our right of curtesy and dower and all other right, remedy or statutory other right or remedy in and to the said granted premises unto the said mortgagee, and its successors and assigns, forever, in a grant in fee simple. PROVIDED, NEVERTHELESS, that this conveyance is made upon this express condition, that if said mortgagor(s), or their heirs, executors, administrators or assigns, shall pay unto the said mortgagee, or its successors and assigns, the principal sum of TWO THOUSAND ONE HUNDRED FIFTY Dollars together with the interest thereon, in monthly installments, all in the manner and according to the terms of a certain promissory note executed by said mortgagors and delivered to said mortgagee, dated May 1, 1956, and taxes, insurance premiums, water rates and other sums, the payment of which are hereby secured, as and when, and in the manner and form as provided for in the said note and in the agreement of mortgage herein or in the above note mentioned on the part of the said mortgagor(s), or their heirs, executors, administrators or assigns, then this indenture shall be null and void, and the said premises shall again be and absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of any of the sums of money shortly mentioned, at the time or times then due and aforesaid, or of the taxes, assessments, insurance premiums or water rates hereinafter specified, or any other sum of money the payment of which is required by the terms of said promissory note, or if the said mortgagors shall become insolvent due or herein or therein required and sufficient, and such default shall continue for (3) months, or if such breach shall be made of the conditions of said promissory note, or of this mortgage, or if the said mortgagors shall fail to observe or conditions of this mortgage or said note, or if the value of said principal sum shall not be paid timely when due, or if the said mortgagors shall abandon the premises, or shall fail to pay the taxes, assessments or grants designated to or assigns, to settle, together or in parcels, all and singular the premises hereby granted or intended to be granted, the said mortgagee, and its successors and assigns, and the beneficiaries of the said mortgage, and the successor(s) of the said mortgagor(s), their heirs, executors and administrators and assigns therein, at public auction, and sell, and convey the same, together or in parcels, to the highest bidder for cash, and for the application of the purchase money, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once, first giving notice of the time and place of sale, by publishing the same once in a newspaper of general circulation in the County of Washington or City of Providence, R.I., once

274 law and equity against the said mortgagor(s), their heirs, executors, administrators and assigns, and all persons claiming said premises so sold by, from or under them, each one or any of them. And the said mortgagor(s), for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said mortgage, and its successors and assigns, that each one or they all upon covenant execute such deed or deeds confirmatory of such sale or transfer as may be reasonably or advisable. AND FURTHERMORE, the said mortgagor(s), for themselves and for their heirs, executors, administrators and assigns, for the consideration aforesaid and to further increase the security of the mortgage, do hereby covenant and agree to make by deed with said mortgage, and its successors and assigns, as follows: 1. To pay all indebtedness hereon secured as herein in said and in note provided. 2. To pay, as and when the same respectively become due and payable without interest or penalty, all taxes, assessments, water rates and other charges of every nature whether assessed or imposed in or with respect of said premises or constituting in whole or in part a lien thereon or subject to foreclosure of said premises, and to keep said mortgage, its successors and assigns, free from any mortgage indebtedness, whether under statutes now in force or that may be hereafter enacted, and to pay the premiums on all present and future insurance policies that may be maintained upon said premises and all other expenses hereby secured as herein pro- vided. 3. To keep and maintain insurance against loss by fire and other hazards warranted by risk by the mortgage, its successors and assigns upon the buildings upon said premises given payable in case of loss or damage to said mortgage, and to insure said buildings for not less than the sum of ONE THOUSAND FIVE HUNDRED FIFTY and no/100ths Dollars last such amount, not less than two thirds of the replacement cost without insurance and not less than and not less than the amount necessary to prevent the operation of any coin insurance clauses, and in such amount and on such policies as shall be satisfactory to said mortgage, its successors and assigns, who are hereby authorized to effect such insurance, and to pay the premiums thereon, and if the mortgagors or the mortgagors, their administrators, and assigns fail so to do, the mortgage, or its successors and assigns, may effect such insurance, and pay the premiums thereon, and the cost of so doing shall be added to the mortgage, its successors and assigns, and shall be a debt due and payable to said President or the any Vice President of the time being of said Old Colony Co-operative Bank, or its successors and assigns, and the said President or any Vice President of the time being of said Bank, or its successors and assigns, is hereby constituted and appointed as attorney to, demand, suiting, sue for, compromise and settle any and all sums received in settlement of such loss, insurance, or to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to refuse reimbursement thus far and all sums received in settlement of such loss, insurance, to 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