4/9/1956 · MORTGAGE · book 35 page 277 doc 4874@35/277

277 KNOW ALL MEN BY THESE PRESENTS, that HERRICK BROWN and AVALITA H. BROWN, husband and wife, both of the City of New Rochelle, County of Westchester and State of New York, hereinafter called the mortgagors, in consideration of the sum of Six Thousand Five Hundred (6,500) Dollars, to them paid by PLANTATIONS BANK OF RHODE ISLAND, a Corporation organized and existing under the laws of the State of Rhode Island, with a place of business at the Town of Westerly, hereinafter called the mortgagees, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said mortgagees, and its successors and assigns forever, A certain tract or parcel of land, with a dwelling house and other improvements thereon, situated and located at Quonnocuttauc Beach, so called, in the Town of Charlestown, County of Kent in the State of Rhode Island, bounded and described as follows: to wit: Beginning at a point on the South side of the Right of Way of Minigrett Avenue, so called, being found sixty-five feet (65 feet although the easterly line); course of line said Minigrett Avenue being sixty-five feet from Bradford T. Fisher, ut ex; thence easterly one centesimal degree forty-four minutes thirty-seven seconds (1° 44' 37") along the course of the parcel known as one hundred fifty (150) feet between sixty-five feet (65 feet) from the southeasterly corner of the said parcel herein described conversely; thence westerly one centesimal degree eleven minutes forty-four seconds (1° 11' 44") along the course of a point on the easterly line of said Minigrett Avenue; thence northerly along the easterly line of said Minigrett Avenue one centesimal degree forty-four minutes thirty-seven seconds (1° 44' 37") for 150 feet; said parcel is bounded northerly by land of Bradford T. Fisher, ut ex., easterly by land of Howard E. Sharp and Nelson H. Sharp, ut ex., southerly by land of George C. Shurtleff, ut ex., and westerly by said Minigrett Avenue. Being and intending to convey the lot # 253 as shown and delimited on that certain plan or plat entitled "Map of Quonnocuttauc Central Beach extended by February Exchange 1948, Charlestown, R.I., property of H. E., and N. H. Sharp, scale 1 inch equals 80 ft., published July 4, 1953, Ross & Laws, Eng'rs," on file in Charlestown land evidence bk 35, page 277. Being the same premises conveyed to the aforementioned premises, by deed of Howard E. Sharp and Nelson H. Sharp, dated July 24, 1949, and recorded in Charlestown Land Evidence Book 31, page 204, subject to and with the rights, privileges, covenants and restrictions therein mentioned which are incorporated herein by reference. TO HAVE AND TO HOLD the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto the said mortgagees, its successors and assigns, and its successors and assigns forever. And they, the said mortgagors, do hereby for themselves and for their heirs, executors, and administrators, covenant with the said mortgagees, its successors and assigns, that they are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances; and that they have good right and full power and lawful authority to sell and convey the same in the manner aforesaid; that the said mortgagees, and its successors and assigns, shall quietly enjoy the said premises, and that they will warrant and defend the said premises, and that they will warrant and defend the said mortgagees, will, and their heirs, executors, and administrators, minister, warrant and defend against all lawful suits, claims and demands of all persons. And for the consideration aforesaid said mortgagors, interchangeably in the sense that the one each other do, hereby release all their rights of dower or curtesy in and any or all the other side right they may have in and to the said premises, unto the said mortgagees, and its successors and assigns, and forever. PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition that if the said mortgagors, their heirs, executors, administrators or assigns, shall pay unto the said mortgagees or its successors or assigns, the sum of the said Thousand Five Hundred (6,500) Dollars, with interest thereon at the rate of 6% per annum, to PLANTATIONS BANK OF RHODE ISLAND in installments, with interest, as provided in said note and shall also pay all taxes and assessments, including ground rents, and all other charges and encumbrances, and all other liens and all other indebtedness now due and payable now owing from the Mortgagor(s) or which may become due and owing during the term of the mortgage, and that the Mortgagor(s) shall keep the premises insured against fire and any other insurance of any other side indebtedness or advances or otherwise are secured or not, then this deed, as said promissory note shall, become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of said note or interest of the same or in any other manner required by said note the notes aforesaid shall become immediately due and payable in full, and in any or either of then or any part thereof, or if there shall be made the covenant for the insurance of said premises or any part thereof, or if there shall be made a default in the payment of taxes or assessments or any other lien in any prior mortgage on said premises, or any part thereof, then it shall be lawful for the said mortgagees, and its successors and assigns, to foreclose this mortgage, and to sell the said premises, or any part thereof, probably granted or intended to be granted, in and or by any part thereof, then, and the benefit and equity of redemption of the mortgage shall be barred, and the said mortgagees, and its successors and assigns, may sell the premises at public auction upon the premises, and to bid for and become the purchaser or purchasers at any such sale and to convey the same in fee simple, and to the purchaser or purchasers at any such sale, the said mortgagees, and its successors and assigns, shall give a quit claim deed (or a warranty deed), first giving notice of the time and place of said sale by publishing the same at least once each week for three weeks next preceding such sale in a newspaper of general circulation in the Town of Charlestown with power to adjourn such sale from time to time, provided that the publishing of said notice shall be continued, together with the notice of adjournment of the sale, in a newspaper of general circulation in the Town of Charlestown, and in its own name or as the attorney of the mortgagees shall cause to be done, and the said mortgagees, and its successors and assigns, shall deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds of sale premises in fee simple, and to the purchaser or purchasers at such sale a good and sufficient deed or deeds of sale premises in fee simple, and all sums which may be secured whether then due or to fall due thereafter, of the par part thereof then remaining unpaid, and also the interest

278 hereby secured, together with all expenses incident to such sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of such powers as well as interest, taxes, assessments and premiums for insurance, if any, on the premises aforesaid and the said mortgage, its successors and assigns, and on their rents, amounts unpaid, upon said granted premises, and any said proceeds in payment of such sums remaining unpaid, upon said granted premises, and any said proceeds if any there be, over and above the amounts so to be retained and applied as aforesaid, together with a true copy of said mortgage, their heirs, executors, administrators or assigns, which sale or sales made as aforesaid shall forever be a perpetual bar to the right of the grantors, their heirs, executors, administrators or assigns, and to all persons claiming said premises sale, so sold, by from, under or any of them or any of theirs. AND the said mortgagees, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said mortgage, its successors and assigns, that said mortgage, its successors and assigns shall have the right to sell or convey the said premises, and they will upon request execute such deed or deeds of confirmation of said sale or sales as may be required. AND FURTHERMORE, the said mortgagees, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said mortgage, its successors and assigns, that the buildings now and hereafter erected and the improvements now and hereafter made and maintained upon the buildings on the premises aforesaid, in such office or offices as the said mortgagees, and its successors and assigns, may from time to time designate, shall be insured against fire to the sum of Five Thousand (5,000) Dollars and that the policy or policies of such insurance shall be assigned to and transferred, or made payable to the said mortgagees, its successors and assigns, as collateral security, and in default thereof, that the said mortgagees, their heirs, executors, administrators or assigns, agree that the benefit of such insurance in case of loss to the said mortgagees, and its successors and assigns, that the premiums or premiums paid therefore shall be a further sum to be secured by the said mortgage, its successors and assigns. AND FURTHERMORE, the mortgagees, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the mortgage, its successors and assigns, that in the event of any default in the payment of any installment of the said mortgage on the premises, such sums as may be expended by said mortgagees, its successors or assigns, in securing said premises, shall be added to the principal sum of the mortgage and shall be secured by the mortgage said mortgage, its successors and assigns. And we, the said mortgagees, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgage, its successors and assigns, that we will promptly pay, upon the due date of each installment of interest and principal on said note, an amount equivalent to the sum of the installment, and an amount equivalent to one-twelfth of the annual fire insurance premium of the policy insuring the premises aforesaid, which policy shall be held in trust by said mortgagees, its successors and assigns, for the payment of said taxes and insurance as they become due. IN WITNESS WHEREOF, they have hereunto set their hands and seals this 29th day of March in the year of our Lord one thousand nine hundred and fifty-six. } Signed and Sealed in presence of } HERRICK BROWN (SEAL) Helen W. MacFarlane } AVALITA H. BROWN (SEAL) STATE OF NEW YORK, ss: County of Westchester } In Larchmont on the 29th day of March, A. D. 1956, before me personally appeared Herrick Brown and Avalita H. Brown, husband and wife, both to me known and by me to be the persons named in the parties executing the foregoing instrument, and they acknowledged said instrument by them executed, to be their free act and deed. DOROTHY CONLAND (Notarial Seal) Notary Public Notary Public in the State of New York Commission expires March 30, 1957 Appointed for Westchester County Commission expires March 30, 1957 Received for record April 9th, A. D. 1956 at 3:00 o'clock, P. M., and recorded by [Signature] Town Clerk ---- PLANTATIONS BANK OF RHODE ISLAND, having received full payment and satisfaction of the within mortgage recorded in the Records of Land Evidence in the Town of Charlestown in the State of Rhode Island, in book no. 35 at page 277-278, hereby cancels and discharges the same; and conveys and confirms to and with the person making said payment, that it is the present owner of said mortgage. IN WITNESS WHEREOF, it has caused its name to be subscribed and its corporate seal to be affixed by its Vice Pres., Stafford Almy and its Ass't. Sec'y., Milton A. Bence, hereafter duly authorized, this 3rd day of January A.D. 1963. PLANTATIONS BANK OF RHODE ISLAND, By STAFFORD ALMY Stafford Almy, Vice President By MILTON A. BENCE, Milton A. Bence, Assistant Secretary Received for record January 7th A.D. 1963 at 9:00 o'clock, A.M., and recorded by -- [Signature] -- Deputy Town Clerk