4/1/1957 · MORTGAGE · book 35 page 653 doc 5285@35/653

(DOCUMENTARY STAMPS, $9.90) STATE OF RHODE ISLAND } } County of Providence } In Providence on the 26th day of March, 1957 before me personally appeared James J. Gallen, Jr. and Winifred M. Gallen to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. RUTH M. WEEKS Notary Public Received for record April 1st, A. D. 1957 at 10:55 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That WE, EARLE F. PINE and EDITH V. PINE, husband and wife, both of the Town of Charlestown, State of Rhode Island (hereinafter called the mortgagors) in consideration of SIXTY-FIVE HUNDRED ($\$6500.00$) Dollars to us 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), its successors and assigns, forever. Those (two) certain lots of land, situated on Charlestown Beach Road and Burdick Street, in the Town of Charlestown, in the State of Rhode Island, laid out and designated as Lots 977 (nine hundred seventy-seven) and 978 (nine hundred seventy-eight) on that plat entitled "Charles-ton By The Sea" Charlestown, R. I. owned & developed by Thomas F. Reilly July 25, 1934, K. W. Leighton, Civil Engineer, New Haven, Conn., which plat is recorded in the office of the Town Clerk in said Town of Charlestown in Plat Book 2 between pages 14 and 15. Said premises are conveyed subject to restrictions of record. Together with all buildings and improvements now or hereafter erected thereon, all the hereditaments, appurtenances and advantages thereunto belonging or in any wise now or hereafter appertaining to the rents, issues and profits thereof, all plumbing, heating, lighting, and electrical fixtures, equipment, and articles and novties now or hereafter used therewith. TO HAVE AND TO HOLD the aforementioned premises with their appurtenances, unto and unto the use of the said mortgagee and its successors and assigns, forever. And the said mortgagors do hereby mortgage, for themselves and for their heirs, executors and administrators, istrassors, covenant with the said mortgagee, and its successors and assigns, that they are lawfully seized in some manner of the said premises and that the same are free from all encumbrances; except as aforesaid, that they have good right, full power and lawful authority to convey the same in manner aforesaid; and that they will warrant and defend the said premises unto its successors and assigns, that they will enjoy the said premises at all times hereafter peaceably and quietly and enjoy the same without suit, trouble or interruption of any person or persons whomsoever; and shall warrant and that the said mortgagors, the said mortgage, and its successors and assigns, forever, against the lawful claims and demands of all persons except as aforesaid. And for the consideration aforesaid, said mortgagors do, hereby release all our rights of curtesy of cover and lien in favor of the rights, statutory or otherwise, in and to the said granted premises unto the said mortgagee, and its successors and assigns, forever. PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition that, shall we the said mortgagors, or their heirs, executors, administrators or assigns, shall pay unto the said mortgagee, or its successors and assigns, the sum of SIXTY-FIVE HUNDRED Dollars ($\$6500.00$) together with interest thereon at the rate of 5% per annum, in all the manner and according to the terms of a certain promissory note of the said mortgagors being even dated hereon date, the said conveyance shall be null and void, and the said premises, with the sum, the payment of which is hereby secured, and when the same become due and payable, and shall perform and execute all covenants and agreements herein contained, and shall pay all taxes, assessments, insurance premiums water and sewer charges, part of the said mortgage conditions, or all their executors, administrators or assigns, to be paid and performed, forever, the legal title this deed as also said promissory note shall become and be absolutely null and void for all purpose whatsoever. BUT IF DEFAULT shall be made in the payment of the sum or sums of money above mentioned, at the time or times when due as aforesaid, or on the taxes, assessments, insurance premiums or water rates specified hereinafter, or in the payment of the sumy of the payment of the which is hereby or by said note required secured or required or of any portion thereof at the time or times when due or as herein provided, and such default shall continue for three (3) months, or of breach shall be

654 made of the covenant for insurance hereinafter contained or in the performance of any other of the covenants or conditions of this mortgage or of said note, or if the whole of said principal sum shall levy unpaid for sixty days after the date when the same should be duly and lawfully publishable, it shall lawfully be for said mortgagee, its successors or assigns, to sell, together or in parcels, all or any part of the premises hereby granted, or intended to be granted, and all right, title and interest, singular the premises hereby granted, or intended, in the equity of redemption of the said mortgagors, and by their heirs, executors, administrators assigns and heirs, territories at public auction, and the purchase money for the applicable transaction shall be paid to the mortgagee, its successors or assigns, as the purchase money, first giving notice of the time and place of sale, by publishing a notice of such sale once in each week for three consecutive weeks in a newspaper published in the city of Providence with power to adjourn such sale from time to time, provided that the publication of said notice shall continue until the date of such sale, and that such notice shall be published at least once each week in the same newspaper; such sale to be upon the premises or elsewhere as specified in such notice and sale to be made by the mortgagee, its successors or assigns, or some other person (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation) as the mortgagee, its successors or assigns may designate, and the purchase money received from such sale or deficient deed of sales of the premises sold in the fee simple; and to receive the purchase moneys, and therefore to apply the same first to the costs and expenses of such sale, and then to the interest of said note, and then to the principal of said note then remaining unpaid, and also the interest or tax then due on the same, together with all the expenses incident to such sale, including the costs of title search, and the costs of the deed, and the costs of the execution, or the enforcement or defense of fees over the equity of redemption, and the costs of the execution, concerning the enforcement or the defense of these powers, or with any action or proceeding taken in connection therewith, including reasonable attorneys fees, or with any action or proceeding taken in connection therewith, including reasonable attorneys fees, of repairs, either therefore paid by the said mortgagor or then remaining unpaid, rendering and paying as the balance of the purchase money, and the costs and expenses of such sale, and the purchase money retained as aforesaid, together with a true and particular account of such sale or sales, expenses and amounts paid, and the balance of the purchase money, and the costs and expenses of such sale or sales shall forever be a perpetual bar in both law and equity against the said mortgagors, their heirs, executors, administrators, assignments, and all persons claiming under them, to sell the premises and by these presents they do grant, bargain, sell and convey the same. And the said mortgagors, for themselves and for their heirs, executors, administrators assigns, hereby covenant with the said mortgagee, and its successors and assigns, that they will undertake to convey the premises upon such terms and conditions of sale as may be necessary or advisable. And furthermore, the said mortgagors, for themselves and for their heirs, executors, administrators trustees, in consideration for the consideration aforementioned and to further increase the security of this mortgage, do hereby covenant and agree to and with the said mortgagee, and its successors and assigns, as follows: 1. To pay all indebtedness hereby secured as herein and in said note provided. 2. To pay, and as when the same respectively become due and payable without interest or penalty, all taxes, assessments, wages, water rates and other charges of every nature assessed, levied or imposed upon the premises, or any part thereof, or resulting from the attaching of any part or lien thereon or upon the mortgage, its successors or assigns, in respect of the said mortgage or mortgage indebtedness, whether the same be paid by the mortgagors or whether hereafter be paid, and whether or not the same shall be demanded as premiums for insurance maintained upon said premises and all other expenses hereby secured as herein provided. 3. To keep and maintain insurance against loss by fire and other hazards as required by the mortgagee, its successors or assigns, by a policy or policies, not less than sixty-five thousand Dollars ($65,000.00) Dollars and not less than the amount necessary to prevent a deficiency of said mortgage, or their successors or assigns, and such policy or policies shall be issued through such agents or brokers as they may select; all insurance effected upon said buildings by the mortgagors, or their successors or assigns, shall be with companies satisfying the mortgagee, its successors or assigns, and the policies therefore to be delivered to, said mortgage, its successors and assigns; hereby making, constituting and appointing as its attorney in fact, and as its attorney in fact, the president of Old Colony Co-operative Bank, or its successors, their true and lawful attorney or attorneys, irrevocable, to amend, adjust, settle, sue for, compromise and collect any and all losses which may occur under any insurance, to give receipts and discharges for any and all moneys paid, and to reimburse himself therefore from all expenses (including reasonable attorneys' fees) incurred in connection therewith, and the mortgagors, their successors or assigns, who shall apply the same reasonable fees to the purchase money, and the costs and expenses of such sale, and the purchase money, and in any unplanned premium or of division of options paid on any cancelled insurance, to give receipts, remember thereof to the mortgagee, its successors or assigns, and to apply the same, at their election or their option in whole or in part upon any installments of the indebtedness hereby secured, whether or not then due, or any deficiency in the insurance premiums, or to apply the same to the payment of premiums, or upon the cost of lasting or repairing the destroyed or damaged buildings or improvements. 4. To maintain all buildings upon said premises in good repair, and not to cause or permit to waste, demoralize or demolition removal without first obtaining the written consent of the mortgagee, its successors. 5. That the mortgagee, its successors and assigns, may pay any and all taxes, assessments, water rates or insurance premiums not paid by the mortgagors, and when done; that all amounts advanced by the mortgagee, its successors or assigns, in the payment of the same or for expenses of repairs shall be repaid upon demand and until repaid shall be added to the principal of said mortgage, and shall bear interest at the same rate as the said principal indebtedness, and together with such interest, shall be a further lien upon the premises and secured by these presents. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of March, 1857 thousand nine hundred and fifty-seven (1957). A. D. Signed, Sealed and Delivered in Presence of: Richard L. Beilwell as to E.F.P. & E.V.P. : EARLE F. PINE (SEAL) EDITH V. PINE (SEAL)

655 STATE OF RHODE ISLAND, ) County of Washington ) SC. In Wakefield, on the 26th day of March, A. D. 1957, before me personally appeared the above named mortgagors Earle F. Pine and Edith V. Pine 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. RICHARD A. HELLWELL Notary Public Received for record April 1st, A. D. 1957 at 10:56 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 653-655-655 IN TESTIMONY WHEREOF, said bank has caused this Present to be signed on its behalf by its Loan Officer and by its Vice President & Sec. and its corporate seal to be hereto affixed by its Loan Officer, all 여기에 duly authorized, this 2nd day of May A. D. 1967. Signed, Sealed and Delivered in presence of Jane S. Londen OLD COLONY CO-OPERATIVE BANK, CORP Seal By EARL W. FAIRCLOUGH Earl W. Fairclough, Loan Officer By G. HYRON LEACH G. Hyron Leach, Vice President & Secretary Received for record May 29th A. D. 1967 at 10:45 o'clock a.m., and recorded by [signature] Deputy Town Clerk ---- MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, That we, Charles B. CARPENTER and Lucinda A. CARPENTER, husband and wife, P. O. Box 93, Charlestown, Rhode Island, for consideration paid, grant to MRS. BEATRICE RUHRIN of 276 Fern Street West, Hartford, Connecticut, and MRS. FERN NAIR of 1027 North Main Street, West Hartford, Connecticut, with MORTGAGE COVENANTS, to secure the payment of One thousand four hundred and thirty and 00/100 ($1,430.00), Dollars, including all principal and interest charges as provided in a certain negotiable promissory note of even date herewith, for a period of four (4) years and two (2) months: Those certain lots or parcels of land situated in the Town of Charlestown, County of Washington and State of Rhode Island, together with all buildings and improvements thereon, laid out and designated as Lots numbered 402, 403, 404 and 405 as shown on that plan of land entitled "Map of Charlestown by the Sea, Charlestown Rhode Island" made and surveyed by W. Leighton, Civil Engineer, Scale 1" = 100' dated July 25, 1934, K. W. Leighton, Civil Engineer" which plan is recorded in the Town Clerk's Office in said Charlestown. This mortgage is made upon the Statutory Condition and with the Statutory Power of Sale. WITNESS our hands this 1st day of April, A. D. 1957. WITNESS the presence of: Raymond A. Thomas (as to both) CHARLES B. CARPENTER (SEAL) LUCINDA A. CARPENTER (SEAL) STATE of RHODE ISLAND BRISTOL, SC. In Bristol on the 1st day of April, A. D. 1957, before me personally appeared Charles B. Carpenter and wife Lucinda A. Carpenter, to me known and known to me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. RAYMOND A. THOMAS (SEAL) Justice of the Peace Received for record April 2nd, A. D. 1957 at 10:10 o'clock, a. m., and recorded by [signature] Town Clerk (SEE PAGE 656 FOR DISCHARGE OF ABOVE MORTGAGE)