6/21/1956 · MORTGAGE · book 35 page 341 doc 4946@35/341

341 STATE OF RHODE ISLAND, ETC.) County of Washington } In Charlestown, on the 16th day of June, 1956 before me personally appeared Robert F. Kearney and Margaret M. Kearney 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. HOWARD E. THORP Notary Public Received for record June 20th, A. D. 1956 at 9:45 o'clock, a. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE. The undersigned, having received full payment and satisfaction of the within mortgage recorded in the Land Evidence Books of Charlestown, in the State of Rhode Island, in the Town Hall in said Charlestown, Book No. 35, Page 340, hereby cancel and discharge the same. And covenants to and with the payer that said Esther O. Tellow the present owner of said mortgage. Witness, this 13th day of June, 1974. ESTHER OPE ZETLOW Received for record June 17th. A.D. 1974 at 9:02 o'clock. a.m. and recorded by [Signature] Deputy Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That I, MADELINE G. BEAUDET, of the City of Providence, County of Providence and State of Rhode Island (hereinafter called the mortgagor(s) in consideration of SEVEN THOUSAND ($7,000.00) Dollars to me 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(s), its successors and assigns, forever, That certain tract or parcel of land, with all buildings and improvements thereon, situated in the town of Charlestown, Rhode Island, land use designated as lot nine-twenty(9-20) on that plat entitled "Rhody Harbor Section No. 3 Charlestown, R. I. Belonging to Everett G. Rauchan, Ave. 22, 1955" drawn by Stewart, dated 1955, which plat is recorded in the Land Evidence Books of the Town of Charlestown, R. I. in Plat Book No. 3. This conveyance is subject to restrictions of record. Together, with all buildings and improvements now or hereafter erected thereon, all the hereditaments, appurtenances and rights thereunto belonging or in any wise now or hereafter appertaining, the rents, issues and profits thereof and all the plumbing, heating, lighting and electrical fixtures, equipment and appliances attached thereto. TO HAVE AND TO HOLD the aforesaid premises and same, with their appurtenances, unto and to the use of the said mortgagee(s), and its successors and assigns, forever. And the said mortgagor(s) do, for myself, and for my heirs, executors, administrators and assigns, I am lawfully seised in the fee simple of the said granted premises; that the same are free from all incumbrances; that I have good right, full power and lawful authority to sell and convey the said premises; and as further that the said mortgagee(s) and its successors and assigns, shall by these presents be assured that the said premises will quietly and peaceably and quietly have and enjoy and that I, the said mortgagor(s) will warrant and shall warrant and defend the same to the said mortgagee, and its successors and assigns, forever, against the lawful claims and demands of all persons And for the consideration aforesaid, I, Madeline G. Beaudet, hereby covenant that I am unmarried. PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition that, if said mortgagor(s) or my heirs, executors, administrators or assigns, shall pay unto the said

342 mortgagees, or its successors or assigns, the sum of SEVEN THOUSAND ($7,000.00) Dollars, to gether with the interest thereon, in monthly installments, all in the manner and on the dates set forth in the promissory note executed by said mortgagor(s) bearing date herewith and the terms of said promissory note are hereby made a part of this mortgage; and further the payment of all taxes, assessments, insurance premiums, water rates and other sums, the payment of which are hereby secured, and all other sums due and payable hereafter, as provided upon the default of the mortgagor, as well as provided herein or in the note above mentioned provided, that the covenants herein contained shall be deemed null and void upon the part of the said mortgagor(s) or my heirs, executors, administrators estate in perpetuity, once the said note and interest shall be paid in full and become and be absolutely void to all intents and purposes whatever. BUT IF DEFAULT shall be made in the payment of any of the sums of money above mentioned, at the time or times when the same shall become due, or of the taxes, assessments, insurance premiums or water rates hereinafter specified, or any other sum or money the payment of which is hereby secured, or if default shall be made in any of the payments at the times or times when due as herein or thereafter provided, and such default shall continue for three (3) months, or if of breach shall be made of any of the covenants herein contained, then the said mortgagees, or its successors or assigns, shall have the power to foreclose this mortgage, or to sell the mortgaged premises, of the covenants or conditions of this mortgage or of said note, if of the whole or of said principal sum shall not be paid when due, then the said mortgagees, or its successors or assigns, shall have the power to sell the mortgage, its successors or assigns, to sell, together, in or parcels, and all in or separate, the premises hereby granted, and the proceeds of such sale shall be applied to the payment of the principal and the benefit and equity of redemption of the said mortgagor(s) and my heirs, executors, administrators and assigns shall be forever barred; and no other purchase shall be permissible for the answer of the said mortgage, its successors or assigns, but the application of the purchase money, first giving notice of such sale by publishing once a week for three (3) consecutive weeks in some newspaper published within the town of Charlestown lished in Washington County or Providence County with power to adjoint such sale, the time and place of such sale shall be specified in said notice, together with power to adjourn such sale from time to time, provided that the publication of said notice shall be the sufficient notice of such sale, and that said notice shall be published once each week in the same newspaper; such sale to be upon the premises or elsewhere as specified in such notice; and it is further provided that the said mortgagees, or its successors or assigns, shall have the power for that purpose by these presents duly authorized and appointed with full power of substitution or revocation, to sell the premises, or any part thereof, as a whole or in parcels, and to convey good sufficient and clear deed or deeds of the premises sold in full seize to the recipient; and monies, and therefore the proceeds of such sale shall be applied first to the payment of the sum, and the interest of the part thereof then remaining unpaid, and also the interest then due on the same, together with all the expenses incident to the sale, including the attorney's fees, and together with all expenses incident to the sale, including the attorney's fees, and with any proceeding or action concerning the execution of the foreclosure, or defense of powers of these or whatever other expenses incident to the sale, including the attorney's fees, and concerning the execution, insurance premiums and expenses of repairs, either aforesaid therefore paid by the said mortgagees, or then remaining unpaid, and the remainder of the proceeds of such sale shall be applied to the payment of the accounts the so to be related either aforesaid therefore paid by the said mortgagees, with a true and particular account of such sale or sales, examples and expenses, and the balance of the proceeds of such sale or sales, if any, and the proceeds of such sales shall forever be a perpetual bar both in law and equity against the said mortgagor(s) my heirs, executors, administrators and assigns, and all others whomsoever may claim any right, title or interest, from her, or from any of them, or at any other time. And the said mortgagor(s) and my heirs, executors, admin strators and assigns, hereby covenant with the said mortgagees, or its successors and assigns, that i or they will upon request execute such deed or deeds conformity of or such sales or sales as may be necessary or advisable. AND FURTHERMORE, the said mortgagor(s) and my heirs, executors, administrators and assigns, for the consideration aforesaid and to further increase the security of this mortgage, do hereby covenant and agree to and with the said mortgagees, its successors and assigns, as follows: 1. To pay all indebtedness hereby secured as herein and in said 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 assessed, levied or imposed upon or in respect of the premises hereby granted, provided that no part of a lien therefore or upon the mortgagees, its successors or assigns, in respect of this mortgage or mortgage indenture or any other instrument, shall be permitted to remain upon the premises for more than thirty (30) days promptly upon demand all premiums for insurance maintained upon said premises and all other expenses hereby expressly secured as herein provided. 3. To keep and maintain the premises hereby granted free from loss by fire and other hazards required by the mort- gagees, its successors and assigns upon the buildings upon the said premises owed payable, in case of loss said mortgagees, its successors or assigns, to be paid such money as shall be necessary to SEVEN THOUSAND ($7,000.00) and not less than the amount necessary to prevent the suite operation of insurance clauses, and in such form and in such amount as the said mortgagees, or its successors or assigns, shall from time to time require, and the said mortgagees, who are hereby authorized to set satisfactory to mortgagees or its successors or assigns, and i, the mortgagor, my heirs, executors, administrators and assigns, whether or not required by the mortgagee, its successors and assigns, shall effect such insurance through such agents or brokers as they may appoint and i shall effect such insurance through such agents or brokers as they may appoint and i shall and assigns, hereby making, constituting and appointing the President or any Vice President of the said bank, or any other person or persons who may succeed to the said office, and any of their attorneys or attorneys, irrevocably, in my name and stead and in the uncontrolled discretion of said attorney, to demand, sue for and receive all sums of money and all other things whatsoever may occur under any such insurance, including to give discharging receipts for any and all sums received in settlement of such loss or damage, and to settle and compromise the same, and to deliver the remedied reasonable attorney's fees) incurred in connection with the insurance, and to deliver the remedied therefore of said mortgagees, its successors or assigns, notwithstanding any claim or any holder of any subsequent lien upon said premises, at its or the premises in whole or in part, whether or not then due, or in reimburse- ment of advances for taxes, assessments, or insurance premiums, or upon the cost of replacing or rebuilding the premises. 4. To maintain all buildings upon said premises in good repair, and not to cause or permit waste, or demolition or removal without first obtaining the written consent of the mortgagees, its successors and assigns. 5. That the mortgagees, its successors and assigns, may pay any such taxes, assessments, water rates or insurance premiums not paid by the mortgagor(s) when due; that all amounts advanced by the mortgagee, its successors and assigns, for the payment of the same or for expense of

343 repairs shall be repaid upon demand and until repaid shall be added to the unpaid principal of the indebtedness hereby secured; and shall bear interest at the same rate as said indebtedness; and, together with such interest, shall be a further lien upon the premises and secured by these presents. IN WITNESS WHEREOF, my have hereunto set hand(s) and seal(s) this 20th day of June, A. D. one thousand nine hundred and fifty-six. Signed, Sealed and Delivered in presence of Katherine M. Ryan MADELINE G. BEAUDET (L. S.) STATE OF RHODE ISLAND, ) ) ss. County of Providence ) SC. In Providence, on the 20th day of June, A. D. 1956, before me personally appeared the above named mortgagor(s), Madeline G. Beaudet, each and all to me known and known by me to be the party named mortgaging the foregoing instrument, and severally acknowledged said instrument, by her executed, to be her free act and deed. KATHERINE M. RYAN Notary Public. Received for record June 21st, A. D. 1956 at 10:40 o'clock, a. m., and recorded by [Signature] Town Clerk The OLD COLONY CO-OPERATIVE BANK, having received full payment and satisfaction, does hereby cancel and discharge said Mortgage Deed, which is recorded in the Land Evidence books of the Town of Charlestown, in the State of Rhode Island, in Mortgage Book 35 at Pages 341, 342, 343. IN TESTIMONY WHEREOF, said bank has caused its seal to be signed and affixed to the present instrument, and has caused its corporate seal to be hereunto affixed by its Secretary, and by its Secretary and by its President, the 12th day of June, A. D. 1958. OLD COLONY CO-OPERATIVE BANK (Corporate Seal) By George M. Leach Secretary Signed, Sealed and Delivered in presence of M. Wilson French By Katherine M. Ryan Asst. Secretary Received for record June 13th, A. D. 1958 at 11:09 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that I, HANNA TOIVONEN, of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid, grant to VICTOR KULMALA, of the City of New York, State of New York, with WARRANTY COVENANTS That certain parcel or tract of land, situate and siting in the Town of Charlestown, County of Washington, State of Rhode Island, and bounded and described as follows: Beginning at a point on the easterly side of a private road or driveway leading from the Town Highway to the property herein conveyed, at the northernmost westerly corner of the premises herein conveyed and at the southernmost corner of premises of an adjacent lot; thence running southeasterly, bounded northerly by said Finer land, a distance of 100 feet, more or less, and to land nor easterly of Fornasier land; thence running southerly, bounded easterly by said Fornasier land, and easterly by said Koski land, a distance of 100 feet to the other end of this Grantee, thence running northwesterly, bounded westerly by Abel land, a distance of 100 feet, more or less, to the easterly side of said private road or driveway; thence running northerly, bounded westerly by said private road or driveway, a distance of 100 feet, more or less, to the said point or place of beginning." Being a portion of the premises conveyed by deed of Tove Wiklom to this Grantor, said deed having date of August 19th, 1932, and recorded in the Records of Land Evidence, said Town of Charlestown, in Book 25 at Page 170. The Grantee, his heirs and assigns, are hereby granted a right-of-way, in common with others, over land belonging to the Grantor of this Transfer, as now used and travelled from the herein conveyed premises to the Town Highway. The consideration of this deed is such that no Internal Revenue Stamps are required.