8/26/1957 · MORTGAGE · book 36 page 94 doc 5439@36/94

94 KNOW ALL MEN BY THESE PRESENTS, that We, SANTO ALGIERE and MARY L. ALGIERE, husband and wife, of Westerly, Rhode Island, hereinafter called the "mortgagors," in consideration of FIFTEEN THOUSAND & OO/100 ($15,000.00) DOLLARS, to us paid by INDUSTRIAL NATIONAL BANK of Providence, a national banking association organized and existing under the laws of the United States of America, with its principal place of business in the City and County of Providence in the State of Rhode Island, hereinafter called the "mortgagee," the receipt whereof is hereby acknowledged, do hereby grant to the mortgagee, 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 of even date herewith and bearing the serial number hereof, the following- These two certain lots or parcels of land, with the buildings and improvements thereupon, bounded and described as follows- FIRST PARCEL: A certain lot or parcel of land, lying and being in the Village and Town of Westerly, County of Washington, State of Rhode Island, bounded and described as follows- beginning at the northeasterly boundary on the street, and extending the westerly side of said lot to the boundary of the land of Robert Wichman, thence running northeasterly 77 feet to the east boundary of the land of Leonardo Fagioni et ux, thence running southerly 77 feet; thence running northeasterly 77 feet to the southeast corner of land of said Pagioni et ux; thence running northeasterly 77 feet to the east boundary of the land of said Pagioni et ux; thence running southeasterly 77 feet to the point and place of beginning. Bounded easterly by said boundary of the land of said Pagioni et ux, and de George S. Bonetti, northerly by westerly lands of W. P. Foder and Robert Wichman, northerly by land now or formerly of said Pagioni et ux; or otherwise however the same may be bounded or described. Being the first parcel described in deed to us from Mary L. Algiere, dated February 15, 1952, recorded page 460 at page 88 of the Westerly Land Evidence Records. et al. SECOND PARCEL: A certain tract or parcel of land lying and being partly in the Town of Westerly and partly in the Town of Charlestown, in said County and State of Rhode Island, containing 100 acres, be the same more or less, bounded and described as follows- beginning on the westerly boundary of said parcel partly by land of following- northerly by the Premises conveyed by land of Antonio Mollerce; southerly by the highway extending from the Village of Bradford to Charlestown; and westerly partly by land of Vincenzo Luciani and others; and easterly by the land of Montaloni, or however otherwise the same may be or bounded; and is the homestead from of Asahel G. Larkin, in said Town of Westerly, and includes all houses, barns, reserves, and the buildings the family burying ground of Roland Pechan, and the right to pass and repass to and from the same, by the road now known as Gov. H. Peleg Sprague Road, through the land of Larkin or her heirs. This second parceling the same premises conveyed to the mortgagors by deed of Alma G. Nichols, dated November 13, 1952 and recorded in Book 71, at page 277 of the Westerly Land Evidence Records, and in Book 33, at page 325 of the Charlestown Land Evidence Records. This parcel is part of that certain parcel of land conveyed to the State of Rhode Island for highway purposes by Everett E. Brown and Lillian Brown, by deed dated June 23, 1936, recorded in Book 57, at page 69 of said Westerly Land Evidence Records. This Mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; provided, however, that publication of notice of a foreclosure sale may be made alternatively in a public newspaper published in the City of Providence, and that a foreclosure sale may be held upon the premises or elsewhere at the option of the mortgagee, as specified in said notice. This mortgage is made subject to those additional covenants and agreements contained in a STATEMENT OF COVENANTS AND AGREEMENTS, a copy thereof having this day been received by the mortgagor, the receipt whereof is hereby acknowledged, the exact terms of which are on record in said Westerly Land Evidence Records in Book 72, at page 482 and in said Charlestown Land Evidence Records in Book 34, at page 40. Said covenants and agreements are hereby by reference made part of this mortgage, and if default shall be made in the performance or observance of any of the same, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for the consideration and covenants aforesaid, we said mortgagors, release to the mortgagee all right of dower and curtesy and all other rights, statutory or otherwise, in the aforesaid described premises. IN WITNESS WHEREOF, the parties have executed these presents on the 23rd day of August 1957. Executed in presence of: Thomas Cutcliffe SANTO ALGIERE MARY L. ALGIERE