11/26/1956 · MORTGAGE · book 35 page 562 doc 5188@35/562

562 TO HAVE AND TO HOLD, the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of said Grantees, as Joint Tenants and not as Tenants in Common and their heirs and assigns forever, in fee simple. And we the said Grantors do hereby, for ourselves and for our heirs, executors and administrators, covenant with the said Grantees and their heirs and assigns that we are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances except said restrictions that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said Grantees and their heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that, we, the said Grantors will and our heirs, executors and administrators, shall warrant and defend the same to the said Grantees and their heirs and assigns forever against the lawful claims and demands of all persons except as to said restrictions. AND FOR THE CONSIDERATION aforesaid we, NORMAN J. MONKES and wife SHIRLEY I. MONKES do hereby release all our rights of Courtesy and/or Dower, and all other right, title and interest, statutory or otherwise, in and to the said granted premises unto the said Grantees, as Joint Tenants and not as Tenants in Common and their heirs and assigns, forever. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of November in the year of our Lord one thousand nine hundred and fifty-six. Signed and sealed in presence of } NORMAN J. MONKES (SEAL) Walter M. Lee } SHIRLEY I. MONKES (SEAL) (DOCUMENTARY STAMPS, $9.35) STATE of RHODE ISLAND, ETC.,) County of Providence } In Providence in said County on the 23rd day of November A. D., one thousand nine hundred and fifty-six before me personally appeared the above named Grantors NORMAN J. MONKES and wife SHIRLEY I. MONKES, each and all to me known and known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by then executed to be their free act and deed. WALTER M. LEE Notary Public Received for record November 26th, A. D. 1956 at 9:55 o'clock, a. m., and recorded by [?] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That we, WILLIAM J. KENWORTHY and wife MAE KENWORTHY, both of Wallingford, New Haven County, in the State of Connecticut, (hereinafter called the mortgagors) in consideration of FIVE THOUSAND ($5000.00) Dollars to us paid by the RHODE ISLAND HOSPITAL TRUST COMPANY, 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 Rhode Island Hospital Trust Company, its Successors and Assigns, forever, That certain tract or parcel of land with all the buildings and improvements thereon situate on the northwesterly side of Niantic Drive in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows:

563 Beginning at a point in the northeasterly line of Niantic Drive one hundred (100) feet northeasterly from a stone marker set at the intersection of the northeasterly line of Pomquet Field Drive so-called, and the northwesterly line of Niantic Drive, then running southwesterly, said beginning being at the northeasterly corner of land now or lately owned by Alanson S. Colvin, and running thence northwesterly one hundred eighty-eight (188) feet along the line of Niantic Drive, then running one hundred twenty-eight (128) feet along said Colvin land a distance of one hundred twenty-eight and 50/100 (128.50) feet, more or less, to the line of land now or lately owned by Barstow brothers then running south easterly one angle and running northeasterly bounding north- westerly on said Barstow land a distance one hundred 50/100 (100.50) feet, thence turning a right angle and running southeasterly bounding northeasterly on said land last mentioned a distance of one hundred twenty-eight and 50/100 (128.50) feet, more or less, to the Niantic Drive; thence turning a right angle and running southeasterly bounding southeasterly on said Barstow land a distance of one hundred twenty (120) feet, more or less, to the southwesterly line of said Town land and the point of beginning of said description. Said tract comprises Lot No. 50 on that plat entitled "Pomquet Acres Development Pomquet Meadows Plat" filed in the Town of Charlestown, R.I. September 1 1925 those improvements it be, which plat is recorded in the office of the Town Clerk of the Town of Charlestown in Plat book No. 1, plan 31-32. Said premises are conveyed subject to restrictions as set forth in deed from Barstow Henry Co, to Barstow Henry W. dated July 7, 1950 and recorded in said office in said Town of Charlestown in Deed Book 32 at page 26. TOGETHER with a right of way to access and cross and recross at all times and for all purposes to and from the above described premises to and from the public highway and to Charlestown Pond. together with all plumbing, heating and heating fixtures, and equipment now or hereafter attached to or located on said premises and, hereby also assigning to said Rhode Island Hospital Trust Co, its successors and assigns, all rents and dues to be received from the future letting, leasing, hiring, demising or any premises or any part thereof, and appointing the attorney or attorneys of the mortgagor to sue for and collect the same at any time and from time to time when a default exists under this mortgage. and all the interest of the mortgagors in and to the use of and the use of the said Rhode Island Hospital Trust Co. TO HAVE AND TO HOLD, the same with all the appurtenances thereunto belonging to said Rhode Island Hospital Trust Co, its successors and assigns forever. And we, the said mortgagors do hereby, for ourselves, and for our one heirs, executors and administre- tors, covenant with the said Rhode Island Hospital Trust Co, its successors and Assigns, that we and the same are free from all encumbrances save and except as set forth in this mortgage and that we have power to encumber; expressly said restrictions that we have good right full power, sold and conveyed the said premises or any part thereof to the said Rhode Island Hospital Trust Co, its successors and Assigns; sell and convey the same; by these present we all times hereafter peaceably and quietly enjoy the said premises or any part thereof or permit the said Rhode Island Hospital Trust Co, its successors and Assigns to enjoy the said premises forever, Against every other person whomsoever except as aforesaid, and warrant and defend the same to the said Rhode Island Hospital Trust Co, its successors and Assigns, Forever, against any and all lawful claims and demands whatsoever except as aforesaid, and against all taxes, assessments, monies and other expenses hereby secured as hereinafter provided. And for the consideration aforesaid, we, William J. Kenworthy and Mae Kenworthy do hereby, release our right of way to access and curtesy and all other rights, statutory or otherwise, and in the said granted premises unto the said Rhode Island Hospital Trust Co, its successors and Assigns Successors. PROVIDED that if we, the said mortgagors or our heirs, executors, administrators assigns, shall pay unto said Rhode Island Hospital Trust Co, its successors or Assigns, the sum of FIVE THOUSAND DOLLARS ($5,000.00) with interest thereon at the rate of seven per cent interest, in accordance with the provisions of the mortgage note of the mortgagors, bearing even dated herewith, to said Rhode Island Hospital Trust Co, its successors or Assigns, and shall pay all taxes, assessments, water rates or in respect of said premises, in respect of this mortgage or mortgage debt, whether under the Company or Successors or Assigns, in respect of this mortgage or mortgage debt, whether under the statutes now in force or that may be hereafter enacted thereupon due upon demand, and shall perform all other covenants and conditions contained herein, then this loan so said promissory note become and remain unpaid and shall be cancelled and void whatsoever. NOW IF DEFAULT shall be made in the payment of the indebtedness above mentioned in any part or in any installment thereof, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or times as the same may be payable under the terms of any part installment, or if interest on the same at the time or

564 true and particular account of such sale or sales, expenses and charges, to us, the said mortgagors, our heirs, executors, administrators or assigns, which sale or sales shall be forever a perpetual bar, and like equity and law against us, the said mortgagors, our heirs, executors, administrators and assigns, and all other persons claiming title to the premises so sold by or under us, or from them or any of them. And we, the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, do hereby covenant with the said Rhode Island Hospital Trust Company, its Successors and Assigns, that we will execute and convey with the said Rhode Island Hospital Trust Company, its Successors and Assigns, a warranty deed or permit warrant that insurance against loss by fire, and other suits and casualties may be specified in the insurance policies, including re-construction insurance, shall be kept and maintained on the buildings on the premises by the mortgagors, and the said Rhode Island Hospital Trust Company, its Successors and Assigns, shall approve, in a sum not less than FIVE THOUSAND ($5,000.00) Dollars or dollars in such sum as the said Rhode Island Hospital Trust Company, its Successors and Assigns, shall from time to time require, of insurance and that the policy or policies of such insurance shall be assigned, transferred and made payable to said Rhode Island Hospital Trust Company, its Successors and Assigns, as collateral security for the payment of the indebtedness herein mentioned and the payment of all sums now or hereafter due, hereto, and in default thereof hereby agree that said Rhode Island Hospital Trust Company, its Successors and Assigns, may at its option, and at the expense of the mortgagors, do whatever may be necessary to maintain Satisfactory insurance on the premises, including the payment of any premiums due on existing insurance or may effect new insurance; and we, the said mortgagors, for ourselves, our heirs, executors, administrators and assigns, do hereby agree that said Rhode Island Hospital Trust Company, its Successors or Assigns, may demand, any prepaid premium by them paid, or if a premium is not repaid, the same shall be added to the principal sum of the mortgage. Said Rhode Island Hospital Trust Company, provided that the mortgage is not in default by the present premises, as aforesaid, shall hold the premiums for its successors and assigns, and shall not be required to hold the premiums in an escrow account for the mortgagors, but in the uncontrolled discretion of the said Rhode Island Hospital Trust Company, its Successors and Assigns, may use the premiums to collect the unrestored premiums and dividends thereto, or to pay any taxes, assessments or insurance premiums claimed due, and cancel the insurance, and the same shall, at option, for convenience, and sole discretion of the mortgagee, first be applied to any first mortgage on the premises, or at the option of the mortgagee, its Successors or Assigns, be applied, after first paying any taxes, assessments or insurance premiums claimed due, to the payment of the mortgage hereby, or notwithstanding the claims of any subsequent lienor, may be used or applied over to the mortgagor for use in repairing or replacing the damaged premises. And the mortgagors, for themselves, and for their heirs, executors and administrators, covenant with the mortgagee, its Successors and Assigns, that they will reimburse the mortgage for all expenses of the mortgage, and that for title examination fees in the sum of [?] dollars, and that they will execute a deed, subject for title examination fees in the sum of [?] dollars from the date hereof on account of the principal of the mortgage, and that if any payment is made on account of the principal of the mortgage, or on account of certain promissory note secured by the said mortgage, the mortgagee shall be entitled to re-disburse mentioned term, shall be a further charge upon the mortgaged premises. IN WITNESS WHEREOF, we have hereunto set our hands and seals and this certifies 23rd day of November A. D. one thousand nine hundred and fifty-six. Signed, sealed and delivered in presence of Walter M. Lee } WILLIAM J. KENWORTHY (SEAL) } MAE KENWORTHY (SEAL) STATE OF RHODE ISLAND } } ss. County of Providence } In Providence on the 21st day of November A. D. 1956, before me personally appeared the above named mortgagors WILLIAM J. KENWORTHY and wife MAE KENWORTHY, each and all to me known, and said by me to be the parties executing the foregoing instrument, and severally acknowledged and said instrument to be by them executed, to be their free act and deed. WALTER M. LEE Notary Public Received for record November 26th, A. D. 1956 at 9:56 o'clock, a. m., and recorded by Town Clerk THE RHODE ISLAND HOSPITAL TRUST COMPANY In Providence having received full payment and satisfaction of the within mortgage, recorded in the Records of Charlestown, R. I. in Land Evidence Book 35 Pages 562-564 does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Company has caused the present Documents to be signed and its Corporate Seal to be herunto affixed by the Vice President, duly authorized, this 16th day of October A. D. 1961. Signed and Sealed in presence of G. E. Bruman RHODE ISLAND HOSPITAL TRUST COMPANY (Corporate Seal) William A. Brown William A. Brown Vice President Received for record October 30th, A. D. 1961 at 9:35 o'clock, a. m., and recorded by Town Clerk