6/6/1956 · MORTGAGE · book 35 page 328 doc 4933@35/328

328 WE, GEORGE W. SANDS and BERTHA H. SANDS, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island as joint tenants for consideration paid, grant to HILYER G. SENNING, of the Town of Charlestown, County of Washington and State of Rhode Island with WARRANTY COVENANTS (Description, and Incumbrances, and any fee) A certain tract of parcel of land together with buildings and improvements thereon standing located on the south side of the East Beach Road, so called, at Quonocutaug in the Town of Charlestown, County of Washington, and State of Rhode Island known as "Beach House" bounded and described as follows, to wit: Commencing at the northeasterly corner thereof and the northeasterly corner of land of formerly William S. Martin, with no ell lot of Norton and with the East Beach Road, bounded easterly by said East Beach Road two hundred fifteen (215) feet, more or less bounding easterly by said East Beach Road two hundred fifteen (215) feet, more or less to an intersecting side road, bounded southerly by said side road to the southeasterly corner of the parcel herein conveyed; said intersection being the southeasterly corner of the parcel herein conveyed; thence westerly along said westerly stone wall to a stone wall running in a straight line one hundred seventy-four (174) feet, more or less to an intersecting stone wall running in a straight line one hundred twenty-six (126) feet, more or less to a stone wall running in a straight line one hundred twenty-six (126) feet, more or less to a stone wall running southerly, bounded northerly by land of formerly William S. Martin, to the southerly stone wall being the northeasterly corner of the parcel herein conveyed, bounded northerly, by other beach land, then running southerly to a stone wall running in a straight line one hundred twenty-five (125) feet, more or less to a point being the southeasterly corner of the parcel herein conveyed thence easterly along said easterly stone wall and bounded easterly by other beach land one hundred eighty-three (183) feet, more or less to the point and place of beginning. Meaning and intending to convey a portion of the premises conveyed to these grantors by Bessie P. Burdick by deed dated December 9, 1946 and duly recorded grantors by Bessie P. Burdick by deed dated December 9, 1946 and duly recorded in the Land Evidence Records of said Town of Charlestown in Book #30 at Page #298. WITNESS our hands this 1st day of June 1956. BERTHA H. SANDS GEORGE W. SANDS (DOCUMENTARY STAMPS, $9.35) STATE OF RHODE ISLAND, ETC.) County of Washington } In Westerly on the 1st day of June, 1956 before me personally appeared George W. Sands and Bertha H. Sands, husband and wife 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. NELSON H. THORP Notary Public Received for June record 6th, A. D. 1956 at 3:25 o'clock, p. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that HILYER G. SENNING, of the Town of Charlestown, County of Washington, in the State of Rhode Island, hereinafter called the mortgagor, in consideration of the sum of Eleven Thousand Five Hundred ($11,500) Dollars, to him 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 Town of Westerly, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said mortgagee, and its successors and assigns forever. Two (2) certain tracts or parcels of land situated in the Town of Charlestown, County of Washington and State of Rhode Island, with all the buildings and improvements thereon, bounded and described as follows, to wit: First tract is Lot #104 as shown and delineated on a certain plan or plat

329 entitled, "Plat of Quonochontaug Central Beach, Charlestown R.I." Theo & Trainer, Inc., Agents for the owners, October 1924. Basil R. Lewis, Engineer who drew this plat is on file in Town Clerk's Office of said Town of Charlestown in Plat book 1, at pp. 29 and 30, and is hereby expressly made a part hereof. Description of the premises hereby mortgaged is as follows: of said plat are on file in said Plat book 1, at pp. 25 and 29. Said lot is bounded southerly seventy-five feet by the Atlantic Ocean; easterly seventy-five hundred fifty (150) feet by land of ashton C. Persons; northerly seventy-five hundred fifty (150) feet by land of former J. W. Gardiner; westerly, at pp. 29 (75) feet in part by land of former G. W. Sands and fifty (50) feet by land of the Estate of Leona M. Werley. Second tract is a parcel of land conveyed to this mortgagor by deed of George F. Sands, dated Oct. 27, 1936, to be recorded in Charlestown Land Evidence Records and incorporated herein by reference, as follows: A parcel bounded easterly hundred fifty feet by land of East South Road, northerly one hundred ninety (190) feet by land of said George W. Sands, etc. westerly two hundred fifty-five (255) feet by land of former G. W. Sands or the Estate of Eleanor M. one hundred eighty-three (183) feet by land of Eli Gottfield Bennett, formely of Williams Martin, or etc. et seq. as more fully and correctly described by survey as particularly described in said deed of George W. Sands, etc. to wit. this mortgagor. Said first tract was conveyed to this mortgagor by deed of Leslie B. Vaughan Dated December 23, 1955, and recorded in book 35, at p. 221 of Charlestown Land Evidence Records. TO HAVE AND TO HOLD the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto and for the use of the said mortgagee, its successors and assigns, forever. AND he, the said mortgagor, does hereby, for himself and for his heirs, executors, administrators conservants, convenient with the said mortgagee, its successors and assigns, that he is the law- fully seized in fee simple of the said premises, and that he has good right to convey same free from all encum- brances except as above mentioned, that he has good right, full power and lawful authority to sell and convey the same, and that he hereby grants, bargains and sells the said premises unto the said and assigns, that by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that he and his heirs, executors, administrators and assigns shall warrant instrants, shall warrant and defend the same to the said mortgagee, its successors and assigns and successors forever against the lawful claims and demands of all persons. And for the consideration aforesaid said mortgagor hereby covenants that he is unmarried, having never been disposed by any deed of gift, or by any Court which became absolute December 21, 1951 and remembered. PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition, that if the said mortgagor, his heirs, executors, administrators or assigns, shall fail, summarize pay the said mortgagee say, the sum of Eight Thousand Dollars ($8,000.00) note, for said aggregate sum, bearing even the its successors or assigns, and made payable to the order of PLANTATIONS BANK OF RHODE ISLAND in installments, as provided in the said note, or shall fail to pay any of the installments of principal or mortgages of any kind whatever is assumed upon or referenced in said piece of premises, and any all other instruments, that this conveyance shall be null and void and of no effect, and the title shall revert during the continuance of this Mortgage from the Mortgagor to the said Plantations Bank of Rhode Island, including any future additions, alterations, or improvements, or if the said mortgagor shall fail to pay either any of other said other indebtedness or advances otherwise secured or not then, and the said, this deed as also said promissory note, shall become and be absolutely null and void, without recourse. BUT IF DEFAULT shall be made in the payment of said note, or any installment or installments or said principal sum or of the interest at the time or times or in the manner required by said note or the terms aforesaid either in whole or in part, or any of either or any of these or any part thereof, or if breach shall be made of the covenant for insurance or any of other the covenants therein, or if breach shall be made of any of the covenants in any prior deed or any prior mor- tgage on said premises, or any part thereof, then it shall be for the said mortgagee, its successors and assigns, to take and hold the said premises, or any part thereof, whether the same be’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’

330 approve, in a sum not less than Eleven Thousand Five Hundred (11,500) Dollars and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said mortgagee, or its successors or assigns, as collateral for the payment of the debt therefore secured; and that the said mortgagee, or its successors or assigns, or its successors or assigns, may set apart such insurance in the name of the mortgagor, or his heirs and assigns and for their benefit, and apply the same to the said mortgage, or to any other loan or loans on said premises that the premium or premiums paid therefor shall be a further charge upon said granted premises, secured by these Presents. AND FURTHERMORE, the mortgagor, for himself and for his heirs, executors, administrators and assigns, does hereby covenant and agree to pay the said mortgagee, or its successors and assigns, in the event of the purchase by the said mortgagee of any prior mortgage on the said premises, the amount or amounts as may be required to discharge said prior mortgage, or mortgages, in securing said prior mortgage or mortgages in excess of the amount secured by said prior mortgage shall be secured by this mortgage. And he, the said mortgagor for himself and for his heirs, executors, administrators and assigns, does hereby covenant and agree to pay the said mortgagee, or its successors and assigns, in addition to the monthly payment of principal and interest payable under the terms of the note securing this mortgage, an amount equal to one-twelfth of the estimated annual real estate taxes assessed on the note, hereby agreeing to pay such taxes and insurance premiums as may be necessary to protect the said note, an amount equivalent to one-twelfth of the estimated annual real estate taxes assessed on the premises hereby described, and an amount equivalent to one-twelfth of the estimated annual insurance on the premises hereby described, and to apply the said premiums on the premises herein described, to be held in trust by the mortgagee, its successors and assigns for the payment of said taxes and insurance as they become due. IN WITNESS WHEREOF, he has hereunto set his hand and seal this last one day of June in the year of our Lord one thousand nine hundred and fifty-six. Signed, Sealed and delivered in presence of: JOHN M. DUNN MILTON A. BENCE HILYER G. SENNING (SEAL) STATE OF RHODE ISLAND, sc.) } COUNTY OF WASHINGTON { In Town of Westerly, on the 1st day of June, A. D. 1956, before me personally appeared Hilyer G. Senning to me known and known by me to be the party executing the foregoing instrument, and he acknowledged said instrument by him executed, to be his free act and deed. JOHN M. DUNN Notary Public Received for record June 6th, A. D. 1956 at 3:26 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 35 at page 328, dated June 1, 1956, hereby releases and discharges and covenants to and with the person making said payment, that it is the present owner of said mortgage. IN WITNESS WHEREOF, it has caused its corporate name to be subscribed and its corporate seal to be affixed by Vice President: Assistant Secretary thereunder duly authorized, this 27th day of March A. D. 1962. PLANTATIONS BANK OF RHODE ISLAND (Corporate Seal) By H. Allan Nevell Vice President, H. Allan Nevell Witness both: Pauline Latour By Milton A. Bence Assistant Secretary, Milton A. Bence Received for record March 28th, A. D. 1962 at 9:40 o'clock, a. m., and recorded by [Signature] Town Clerk