4/20/1956 · MORTGAGE · book 35 page 288 doc 4888@35/288

288 or maintained on the premises. 3. No building shall be erected placed maintained or altered until the plans, specifications and plot plans have been approved writing by the lender or their heirs, executors, administrators or assigns. 4. Each house must have a full masonry foundation, said foundation house to be at least 570 square feet, including porches, porches however to be attached to the house. 5. There shall be no livestock, stables, aviaries or poultry kept or maintained on the premises. 6. There shall be an assessment of Five Dollars thin ($5) per year for the maintenance of roads and general improvement of the plat until such time that a community association is formed to take over this function by trust. Said assessment is due on the first day of the first plat until such time. All structures and improvements shall comply with all town ordinances and regulations and if any restrictions or conditions herein do not completely there- with it shall not be construed as a waiver. The Grantors covenant with the lender to comply with such laws, ordinances and regulation. 8. No fences or row of trees, shrub brush thinner than Thirty (30) inches in diameter be erected, grown or maintained on the premises. 9. No structure be constructed nearer than Twenty-five (25) Feet from front of lot or Six (6) Feet on either side of lot. WITNESS our hands this 20th day of March 1956. EVERETT R. GRAICHEN (SEAL) LUCY GRAICHEN (SEAL) STATE OF RHODE ISLAND, Etc. The town of Charlestown in county of Washington, on the 20th day of March, A. D. 1956, County of Washington, in Charlestown in said County, on the 20th day of March, A. D. 1956, before me personally appeared the above Grantors, Everett R. Graichen and wife, Luch Graichen, each and all to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by them executed, to be their free act and deed. CHARLES S. BRIGHTMAN (Notarial Seal) Notary Public (DOCUMENTARY STAMPS, $1.65) Received for record April 19th A. D. 1956 at 11:35 o'clock, a. m., and recorded by [?] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, REGINALD E. MAINE and MARY MAINE, husband and wife, of Hopkinton, Rhode Island, hereinafter called the "mortgagors," in consideration of Two Thousand Two Hundred & 00/100 ($2,200.00) Dollars, to us paid by INDUSTRIAL NATIONAL BANK OF PROVIDENCE, a national banking association organized 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 hereof by acknowledged, 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: That certain tract of land, together with the buildings and improvements upon thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: BEGINNING at a stone post by the side of a white oak tree at the highway leading from Carolina to Westerly, thence in a southerly direction leading from Carolina to Westerly, thence in a southerly direction, to a stone post at a fence southerly of Sarah A. Kenyon, running west a white oak tree to a stone post at a land formerly of Sarah A. Kenyon, bounding easterly said land, thence northerly to a house and wife, thence west- erly, bounding southerly said land of Sarah Kenyon to a stone post at angle in the line of land of Sarah Kenyon, thence northerly, bounding easterly, bounding westerly by land of said Louis G. Tucker and wife by a stone wall to said highway; thence easterly, bounding northerly said highway to the place of beginning; or however the same may be bounded or described. EXCEPTING HOWEVER, from this conveyance those tracts of land conveyed by deeds of Caroline V. Brundage to Louis R. Balestracci and wife bearing

259 date of November 15, 1947 and December 6, 1947, respectively et seq and recorded in the Charlestown Land Evidence Records in Book 31, page 601 and 620 respectively said Land Evidence Records as a conveyance that tract of land conveyed by deed of Caroline V. Brundage to Woodrow N. Sisson and wife, bearing date of April 17, 1950 and recorded in Book 32, page 95 of said Records. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; provided, however, that publication of notice of a foreclosure sale may be made alternatively in a public newspaper published 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 said notice. This mortgage is made subject to those additional covenants and agreements contained in a STATEMENT OF COVENANTS AND AGREEMENTS, a copy thereof having this day been received by the mortgagor, the receipt whereof is hereby acknowledged, the exact terms of which are on record in said Charlestown Land Evidence in Book 34, at page 40. Said covenants and agreements are hereby reference 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 aforesaid, we, said mortgagors, release to the mortgagee all right of (dower)and(curtesy), and all other rights, statutory or otherwise, in the aforesaid described premises. IN WITNESS WHEREOF, the parties have executed these presents on the 18th day of April, 1956. Executed in presence of Thomas Sutcliffe REGINALD E. MAINE MARY MAINE INDIVIDUAL ACKNOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 18th day of April, 1956, before me personally appeared the above named Reginald E. Maine and Mary Maine to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them to be executed by them to be their free act and deed. HERBERT E. COOKE Notary Public Received for record April 20th, A. D. 1956 at 9:17 o'clock, a. m., and recorded by [Signature] Town Clerk Industrial National Bank of Providence, having received full payment and satisfaction of the within mortgage, recorded in the Land Evidence Records in the Town of Charlestown, in Book 35 at page 288 does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by its proper officers duly authorized, this 20th day of May A. D. 1960. Signed and sealed in presence of Evelyn R. Labulie INDUSTRIAL NATIONAL BANK OF PROVIDENCE (Corporate Seal) By Hiram Kendall Asst. Manager Fred Rayner Asst. Manager Received for record May 24th, AD. 1960 at 1:00 o'clock, p. m., and recorded by [Signature] Town Clerk