7/17/1891 · MORTGAGE DISCHARGE · book 12 page 218 doc 5208

218 aforesaid, or any part thereof they first giving, after the expiration of said term of ten days, twenty days notice of such sale, in some one of the public newspapers printed in this State and in our name or in their name or names, to make execute, seal, acknowledge and deliver to the purchaser or purchasers thereof, any deed or deeds that may be necessary to vest in such purchaser or purchasers a full and absolute estate in fee simple therein, and on dale thereof (hereby granting unto our said attorneys power to continue or adjourn such sale from time to time,) we do also authorize our said attorneys to receive the amount the same may be sold for, and after the payment of all the expenses incurred in and sale of saids, to apply and to appropriate the residue thereof to the payment of the amount of principal and interest of said note hereby assumed, and we hereby agreeing that in case of a sale not fully sufficient in the payment of said annual interest the principal part of said note shall be deemed due and payable on the day of such sale) accounting to us on our own and behalf and assigns for all sums over and above the amount thereof we hereby ratifying, approving and confirming such sale or sales as may be made or caused to be made by virtue of this hereof. In testimony whereof we have hereunto set our hands and seals this 26 day of November in the year of our lord one thousand eight hundred and ninety. Signed, sealed and delivered in presence of William J. Hibshol Joseph E. Co. Lanshear Edmon P. Rose L.S. Emma S. Rose L.S. State of Rhode Island ve County of Washington ve SS Town of Charlestown this 26th day of November AD 1890 Edmon P. Rose personally appeared before me, and acknowledged the foregoing instrument, by him signed to be his free and voluntary act and deed; and then there the above named Emma S. Rose also personally appeared before me and was by me examined privately and apart from her said husband and while so privately and apart I showed and explained to her the forgoing instrument by her signed and she acknowledged the same to be her full and voluntary act and deed and declared to me that she did not wish to retract the same. Joseph E. Co. Lanshear Justice of the Peace & Notary Public Received for record Nov 26, 1890 at 10 o'clock and recorded by George Calores from L.S.

xxt 586 TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances unto, and to the use of the said mortgagee, and its successors and assigns, forever. And the said mortgagor(s) do hereby, for themselves, and for their heirs, executors and ad- ministrators, covenant with the said mortgagee, and its successors and assigns, that they are free from all lawful seisin in fee simple as aforesaid, that they are lawfully seized of the same and that the same are free from all incumbrances except as aforesaid, that they have good right, full power and lawful authority to sell and convey the same in manner as aforesaid, and that they will warrant the mortgagees and successors and assigns of the said mortgagee, from any claim hereafter peaceably and quietly have and enjoy the said premises, and that the said mortgagor(s) will, and their heirs, executors, administrators and assigns, warrant and defend the same unto the said mortgagee, and its successors and assigns, forever, forever, against the lawful claims and demands of all persons except as aforesaid. And for the consideration aforesaid, we, said mortgagors, do hereby release all our right of corey’s [?] grant in and to the aforesaid premises, in trust, in and to the said mortgagee, and to premises unto the said mortgagee, and its successors and assigns, forever. PROVIDED, nevertheless, this conveyance is made upon the express condition that, if said mortgagor(s), or their heirs, executors, administrators, shall fail to pay unto the said mortgagee, or its successors or assigns, the sum of Sixty-five Hundred ($6500.00) Dollars together with of the interest thereon, in one or more equal monthly payments and accrue the same at the rate of 6% per annum from the date of the mortgagor(s) bearing evidence date hereof, and shall also pay the taxes, assessments, insurance premium, water rates, sewer assessments and all other charges and rents which may be assessed upon the said premises, and payable, and shall perform all other covenants and conditions, as all provided herein or in the note above mentioned, and if the same are not to be paid or performed, said mortgagor(s) shall be deemed to have defaulted in the payment of the same, and if the same are not to be paid or performed, then this deed as also promissory note shall become and be absolutely void and absolutely void to all intents and purposes. Now if DEFAULT shall be made in the payment of any of the sums of money above mentioned, at the time or times when due as aforesaid, or in the payment of taxes, assessments, insurance premium or water rates, sewer assessments and all other charges and rents which may be assessed upon the said premises, and not said mortgagor or required of or any portion thereof at the time or times when due as herein or therein provided, or in the performance of any of the covenants contained in the note or promissory note of the said conveyance or insurance hereinafter contained or in the performance of any other of the covenants or conditions of this conveyance, and if such default shall continue for thirty (30) days, then it shall be lawful for said mortgagee, its successors or assigns, to declare the entire sum now due and payable, and then it shall be lawful for said mortgagee, its successors or assigns, to sell the premises (granted herein the called premises), or any part thereof, and the benefit and equity of redemption of the same, at public auction, and to bid for any part thereof, and the benefit and equity of redemption of the same, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser shall be allowed any preference in bidding, and the said sale shall be conducted according to law, by public auction, and for the purpose of the sale at least once each other for three (3) successive weeks in some newspaper published in the state of Rhode Island, and the notice of such sale shall be printed, and a copy of the notice of publi- cation of said notice shall be continued, together with a notice of the adjournment or adjourn- ments, at least once each other for three (3) successive weeks in some newspaper published in the state where specified in such notice; and in their own name and on their own name, as or the attorney or attorneys of the said mortgagee, its successors or assigns, and the said mortgagee, its successors or assigns, with full power of substitution and revocation), to make, execute and deliver to the said purchaser or purchasers at such sale or sales, a deed to the premises, or any part thereof, and to said purchaser or purchasers at such sale or sales, a deed to the premises, or any part thereof, and to convey the sole title and right of the said mortgagor(s) to the same, together with all expenses incident to such sale, secured, whether then payable or to become payable hereafter, in order to recover the sum then due and unpaid, or any portion thereof, together with the interest thereon, and all costs and expenses incurred in the said sale or sales, and all counsel fees and other expenses, insurance premiums, taxes, water rates, sewer assessments and all other charges and rents which may be assessed upon the said premises, and all costs and expenses concerning the enforce- ment thereof or of said note or of this conveyance, and taxes, insured, water rates, sewer assessments and all other charges and rents which may be assessed upon the said premises, and all costs and expenses incurred in the outstanding unpaid, and rendering the payees the surplus of such sale purchases money, if there be any over and above the sum then due and unpaid, together with the interest thereon, and all costs and expenses incurred in of such sale or sales, expenses and charges, to the said mortgagor(s), their heirs, executors, administrators and assigns, and if there be any deficiency in the proceeds of such sale or sales, the equity and benefit of the said mortgagor(s), their heirs, executors, administrators and assigns, and all persons claiming said premises sold by so far, shall remain liable for the same. And the said mortgagor(s) for themselves, and for their heirs, executors, administrators and assigns, hereby covenant, promise and agree with the said mortgagee, and its successors and assigns, that they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, the said mortgagor(s), for themselves and for their heirs, executors, administrators and assigns, for the consideration aforesaid and to further increase the security of this mortgage, do hereby covenant and agree with and to the said mortgagee, and its successors and assigns, as follows: 1. To pay to the indebtedness hereby secured as further described in and said note provided. 2. To pay, as and when the same respectively become due and payable, all interest or penalty, all taxes, assessments, water rates, sewer rates and other charges of every nature assessed, levied or imposed upon or in respect of said premises or constituting in whole or in part for gage a lien thereon or upon the said premises, and all costs and expenses incurred in the foreclosure of any mor- tgage or mortgage indebtedness, under whatever statute or laws in force now or that may hereafter be enacted and to pay promptly upon demand all taxes, assessments and other charges levied or incurred against said premises and all other sums as aforesaid secured as herein provided. 3. To keep and maintain insurance against loss by fire and other hazards required by the mortgagee, its successors and assigns upon the buildings lying on said premises, in an amount not less than the actual cash value of the buildings, and in any event at least such amount, in case of loss to said buildings Five Hundred ($500.00) Dollars and not less than the amount necessary to prevent the loss of the security of the said mortgagee, its successors and assigns, and to keep such insurance or companies as shall be satisfactory to the mortgagee, its successors and assigns, who may periodically request the mortgagor(s) to provide evidence of such insurance, and to keep said insur- select; all insurance effected upon said buildings by the mortgagor(s), or their heirs, executors, administrators and assigns, shall be made payable to the mortgagee, its successors and assigns; hereby making, constituting and appointing the President or any vice president of the said mortgagee, Co-operative bank or any other financial institution that may be the successor to the said mortgagee, their true and lawful attorney or attorneys, irrevo- cable, in their name and stead but in the uncontrolled discretion of the said mortgagee, its successors and assigns, adjust and settle for compromise and concord any and all losses which may occur under any such insurance, to give discharging receipts for any and all sums received in settle- ment thereof.

597 ment of such losses, to reimburse himself therefore for all expenses (including reason- able attorneys' fees) incurred in connection therewith, and to deliver the remainder tendered to said mortgagee, its successors or assigns, who shall apply the same and any unearned premium of or dividend on any unexpired loan insurance, notwithstanding any claim of any holder of or any assignee of any underlying insurance policy, as it may be then or of the whole or part thereof, installments of the indebtedness hereby secured, whether or not then due, or in reimbursement of advances made by said mortgagee for insurance premiums, or upon the cost of the repairs of the damaged buildings or improvements. 4. To maintain all buildings upon said premises in good repair, and not to cause or permit waste, or volatilization or removal thereof without first obtaining the written consent of the mor- tgagee, its successors and assigns. And the mortgage, its successors and assigns, may pay any such taxes, assessments, water rates, or insurance premiums due upon the premises mortgaged (then), due that all amounts advanced by the mortgagee, its successors or assigns, in payment of the same, and the cost of repairs shall be paid 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 of interest as the above mentioned note, and such interest, shall be a further lien upon the premises and the securities by which it is secured. IN WITNESS WHEREOF, we have hereunto set our hand(s) and seal(s) this 24th day of December A. D. one thousand nine hundred and fifty six (1956). Signed, Sealed and Delivered in presence of Katherine M. Ryan JAMES J. GALLEN, JR. (SEAL) WINIFRED M. GALLEN (SEAL) STATE OF RHODE ISLAND,) ) ss. County of Providence { In Providence, on the 24th day of December, A. D. 1956, before me personally appeared the above named mortgagor(s) James J. Gallen, Jr. and Winifred M. Gallen each and all to me known and known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by them executed, to be their free act and deed. KATHERINE M. RYAN Notary Public Received for record December 27th, A. D. 1956 at 10:10 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 this Mortgage Deed, which is recorded in the Land Records of the Town of Charlestown, in the State of Rhode Island, in Mortgage Book 35 at Page 585, 586, 597 IN TESTIMONY WHEREOF, said bank has caused these Presents to be signed on its behalf by its Assistant Secretary and by its Assistant Secretary and its corporate seal to be hereto affixed by its Assistant Secretary, all hereunto duly authorized, this 26th day of March A. D. 1957. Signed, Sealed and Delivered { in presence of Nancy J. Pyne } OLD COLONY CO-OPERATIVE BANK (Corporate Seal) by Robert H. Alden Assistant Secretary by Katherine M. Ryan Assistant Secretary Received for record May 2nd, A. D. 1957 at 1 o'clock, p. m., and recorded by [Signature] Town Clerk