12/1/1956 · MORTGAGE · book 35 page 574 doc 5200@35/574

574 KNOW ALL MEN BY THESE PRESENTS, that WALTER K. SHUTE, of the Town of Charlestown, County of Washington and State of Rhode Island, (hereinafter called "the Mortgagor", in consideration of Four Thousand (4,000) Dollars, to him paid by PLANTATIONS BANK OF RHODE ISLAND, a banking corporation legally incorporated and established under the laws of the State of Rhode Island, and having its principal place of business in the Town of Westerly in said State, (hereinafter called "the mortgagee"), the receipt whereof is hereby acknowledged, do hereby grant and sell unto the said mortgagees, 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(s) of even date herewith, the following described real estate: That certain triangular-shaped parcel or Tract of Land, with a building and other improvements thereon, situated in Charlestown, and bounded on the northerly side of "New Post Road", so-called, and on the southerly side of the "Old Post Road", so-called, in the said Town of Charlestown, County of Washington, State of Rhode Island, and bounded as described as follows, to wit: Beginning at an old pine grove in the ground at the northerly corner where the premises herein conveyed form, starting from the end of a stone wall on the southerly boundary line conveyed, and running thence in a general easterly direction, bounded southerly by the old Post Road, distance of a approximately two hundred ninety (290) Feet; Thence in a westerly direction, bounded southerly by said New Post Road and the premises in a general westerly direction, bounded southerly by said New Post Road, a distance of two hundred eighty-five(285) feet, to a corner stone wall at land now or formerly of Charles S. Brightman; thence running northerly boundary wall or fence, 40 (forty) feet, more or less, to the place of beginning. Being the same premises conveyed to the mortgagor by deed of Henry W. Brightman and said Henry Brightman, dated February 28, 1953, and recorded in Book no. 35, p. 271, of Charlestown land Evidence records. This mortgage is made upon the STATUTE CONDITION and with the STATUTORY POWER OF SALE: provided, however, that upon the granting and place of foreclosure sale may at the option of the mortgagee be published either as provided in and by said STATUTORY POWER OF SALE, in some newspaper published in the State of Rhode Island, and that such notice of foreclosure sale shall be held either upon the premises or elsewhere as specified in said notice. This mortgage is made subject to those additional covenants and agreements contained in an instrument entitled "MODIFICATION OF TERMS OF MORTGAGES OF PLANTATIONS BANK OF RHODE ISLAND, instrument dated November 1, 1956, and recorded in the nearby volume of Land Evidence records in said Town of Charlestown, in Book 35, at page 300. Said additional covenants and agreements are hereby made a part hereof by this reference. In default shall we make in the performance or observance of any of said covenants and agreements, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE as supplemented by this instrument. And for the consideration aforesaid, Susan M. Shute, wife of the mortgagor does hereby release all her right of dower in and to the said granted premises unto the said mortgagees, its successors and assigns, forever. IN WITNESS WHEREOF, they have hereunto set their hands and seals this twentieth (20th) day of November in the year of our lord one thousand nine hundred and fifty-six. WALTER K. SHUTE (SEAL) SUSAN M. SHUTE (SEAL) Executed in presence of John M. Dunn Milton A. Bence INDIVIDUAL ACKNOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Town of Westerly, on the 20th day of November, 1956, before me personally appeared the above named Walter K. Shute and Susan M. Shute, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. JOHN M. DUNN Notary Public Received for record December 1st, A. D. 1956 at 11:55 o'clock, a.m., and recorded by [Signature] Town Clerk (FOR DISCHARGE OF ABOVE MORTGAGE, SEE PAGE 575)

575 Plantations Bank of Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Land Evidence Books in the Town of Charlestown in Mortgage Book 35 at page 574, 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 Vice Pres., Milton A. Bence and Asst. Secry, Lionel D. Guerra duly authorized, this 18th day of October A. D. 1966. PLANTATIONS BANK OF RHODE ISLAND (Corporate Seal) By Milton A. Bence Milton A. Bence, Vice President Lionel D. Guerra Lionel D. Guerra, Assistant Secretary Ann D. Ivers as to both Received for record March 7th, A. D. 1968 at 10:30 o'clock, p. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN by THESE PRESENTS, that we, NORMAN L. BENHENEK and wife, MARIE ROSE YVONNE BENHENEK, of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the Grantors, in consideration of the sum of Ten ($10.00) Dollars to us paid by ENDRE BALLONA and ANTONIA BALLONA, his wife, both of the Town of West Warwick, County of Kent, Rhode Island, the receipt whereof is hereby acknowledged, do give, grant bargain sell, and convey unto the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple: That certain tract of land in said Charlestown, Rhode Island, designated as Lot No. Forty-six (46) on that plat nr entitled "Sea Lea Colony in Charlestown and South Kingstown, R.I." Property of M. R. Y. Benhenek, Recorded Lots Strip No. Area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938, 1939 - Leon L. Collaud, Civil Engineer. Said plat is recorded in the Land Evidence Books of the Town of Charlestown. This conveyance is made subject to the following restrictions binding upon the said Grantees, their heirs and assigns: 1. Only one private only-one family residence and a private garage shall be erected, placed, maintained or permitted upon said lot, or any part thereof, and no part of any building, including porches, shall be closer than Fifteen (15) feet from the Sea Lea Avenue boundary, Twenty (20) feet from Fifth Avenue, and Five (5) feet from the South and West boundary lines. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot, and no auto trailers shall be erected, placed or maintained on said lot. 3. All toilet and sink drains on said lot shall be connected with cesspools or septic tanks, so placed as not to pollute or endanger any drinking water supply, nor to pollute the waters along the shore of this plat. 4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purpose nor for any public utility whatsoever. 5. No house shall be erected, placed or maintained on said lot costing less than Fifteen Hundred ($1500) Dollars without the written consent of the Grantors. Also, that certain strip of land in South Kingstown, Rhode Island, designated as Dock Strip No. One Hundred Ninety-five (195) on the above referred to Sea Lea Colony Plat, which plat is recorded in the Books of Land Evidence in the Town of South Kingstown; This strip is conveyed subject to the following restrictions; (a) No building other than a dock shall be erected on said strip of land. No pipes shall run from or through this land to the Green Hill Rd. No planting shall be maintained on said strip of land which may in any way pollute waters along the path of the strip. (b) No part of said land shall be used for any trade or business or for any commercial or public purpose whatsoever. No person may use said premises as sleeping quarters or for a trailer or tent. No person may use said premises as a parking lot for all or part of a free and open from any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees, who are the owners of Lot No. Forty-six (46) on the herein described plat, access to Green Hill Rd and boosting privileges thereon and cannot be leased, shared, rented or used for the use thereof giving a right of way to any other person. No structure of any description that may be built on said Lot No. Forty-six (46). It is the express intention of this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part whatsoever of its intention this restriction to prevent the use of said strip of land or any part