1/23/1903 · MORTGAGE · book 14 page 378 doc 5896

378 State of Rhode Island County of Washington Sc In Meeting on the 12th day of December AD 1902 before me personally appeared Hosea W. Burdick to me known and known by me to be the party executing the foregoing instrument and the acknowledged said instrument by him executed, to be his free act and deed. Oliver H. Williams Notary Public L.S. State of Rhode Island County of Washington Sc In Charlestown on the 23rd day of January AD 1902 before me personally appeared Fannie R Burdick wife of Hosea L Burdick the said grantor, to me known and known by me to be the party executing the foregoing instrument and the acknowledged said instrument by her executed, to be her free act and deed. George E. Cross Notary Public L.S. Received for record January 23 1903 at 11 oclock A.M. and recorded by George E. Cross Town Clerk KNOW all MEN by these presents, that I Joseph L. Hospie of Charlestown in the County of Washington and State of Rhode Island hereinafter called the mortgagor in consideration of thirteen hundred and fifty dollars ($1350) to me paid by While A Dangerfield of Johnston County of Washington and State of Rhode Island hereinafter called the mortgagee, the receipt whereof is hereby acknowledged do hereby give, grant, bargain sell and convey unto the said mortgagee and his heirs and assigns forever a certain farm or tract of land, lying and being in said Charlestown containing by estimation forty acres more or less with a dwelling House and other buildings and improvements thereon; bounded and described as follows, Northerly partly on the East Road and partly on land of Samuel Bailey Hospie, Easterly on land of pard Hospie and partly on the "Salt Pond" Southerly on land

of Horace H. Burnside and mostly partly on land of Philip T. Brightman and partly on land of Felix A. Burnside, with a highway running through the same into the Post road, being the same premises to Horace H. Burnside, at Com missioner's sale on the 14th day of August AD 1832, (Reference to Commissioner's deed to Horace H. Burnside and deed of son of Isaac H. Burnside to the within named mortgagor, recorded in the Land Evidence records for said location to further identify the within granted and described premises, being fully noted) To have and to hold the aforesaid premises with all the privileges and appurtenances thereto belonging, with appurtenances to the use of the said mortgagee, and his heirs and assigns forever, And I the said mortgagor, as hereby, for myself and my heirs, executors and administrators covenant with the said mortgagee and his heirs and assigns that I am lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances, but I have good right full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and his heirs and assigns shall by these present at all times hereafter peaceably and quietly have and enjoy the said premises, and that I the said mortgagor will, like my heirs, executors and administrators shall warrant and defend the same to the said mortgagee and his heirs and assigns forever, against the lawful claims and demands of all persons. Provided nevertheless, and this Conveyance is made upon the express conditions, That if the said mortgagor or his heirs, executors, administrators or assigns, shall pay unto the said mortgagee or his successors administrators or assigns, the sum of thirteen hundred and fifty ($1350) dollars wherefor the said mortgagor has made his respectable promissory note to said assignee, being even date with these presents, and made payable to the owner of said fee the quantity five years from the date hereof, with interest thereon at the rate of 4 1/2 per centum per annum, payable semi annually until said principal sum is paid in full, whether at or after maturity and all installments of interest in arrears whether before or after maturity, to bear interest at the rate aforesaid said paid and shall also pay all taxes and assessments of any kind levied or assessed upon or respecting said premises during said deed, as said promissory note shall become and be absolutely void to all intents and purposes whatsoever. But if default shall be made in the payment of the said note or of said

380 interest, at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same become payable, or of any a either of them, or of any part thereof or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said mortgagee his successors, administrators or assigns to sell, together or in partially and severed, as the premises hereby granted or intended to be granted, or any part or parts thereof and of the benefit and appurtenances of the said Joseph L. Hopkins and his heirs, executors, administrators and assigns therein at public auction upon the premises, and to bid for and at any such sale, and receive the purchase or purchases at any such sale, and as any other purchasers or purchase shall be answerable for the application of the insured money) first giving notice of the time and place of sale by publishing the same at least once each week for three successive weeks in some public newspaper established in East Providence County of Washington State of R.I. with notice to adjourn such sale from time to time, Provided that the publishing of said notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper, and in any or in their own name or names, or as the attorneys or attorneys of the said Joseph L. Hopkins to provide (for that purpose by these presents duly authorized and appointed with full power of substitution and revocations,) to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient and a deed of said premises in full seisin, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or to fall due thereafter or the part thereof then remaining unpaid, and also the interest thereon due on the same, together with all expenses incident to such sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the execution of said power, and all taxes, assessments and premiums for insurances, any either therefore paid by the said mortgagee his successors, administrators or assigns, or then remaining unpaid upon said granted premises, rendering and paying the surplus of said proceeds of sale if any there be over and above the amounts so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said Joseph L. Hopkins his heirs, executors, administrators or assigns until such sale

381 or sales made as aforesaid shall forever be a perpetual bar both in law and equity against the said Joseph L. Cromie his heirs, servants, administrators and assigns, and all persons claiming said premises, as sold, by him, from or under him, their or any of them, And I the said mortgagor, by myself and for my heirs, executors administrators and assigns hereby warrant with the said mortgagee, and his heirs, servants, executors, administrators and assigns, that I and they will upon request execute such deeds confirmatory of said title as may in equity be required And furthermore, I the said mortgagor, for myself and for my heirs, executors administrators and assigns, hereby covenant with the said mortgagee, and his heirs, servants, adminis- trators and assigns, that insurances against loss by fire shall be kept and maintained on the buildings on the premises aforesaid in which office or official as the said mortgagee and his executors, administrators or assigns, shall attest, in a sum not less than eighteen hundred ($1800) dollars, and that the policies or portions of such insurances shall be assigned and transferred, or made payable in case of loss, to the said mortgagee, or his executors, administrators or assigns as collateral security hereunto, and in default thereof hereby agree that the said mortgagee, or his executors, administrator or assigns, may such insurance in the name of the said mortgagor, and his heirs and assigns payable in case of loss to the said mortgagee, and his executors, administrators or assigns, and that the premiums premiums paid therefor shall be further charge upon said granted premises secured by these presents all errors and omissions more before execution In witness whereof I have hereunto set my hand and seal this 23d day of January in the year of our lord one thousand nine hundred and three Signed and sealed in presence of George G. Loose Joseph L. Cromie L.S. State of Rhode Island County of Washington be At Charlestown on the 23 day of January A.D. 1903 before me personally appeared Joseph L. Cromie to me known and known by me to be the party executing the foregoing instrument, and he acknowledged said instrument by him executed, to be his free act and deed. George G. Loose Received for record Jan 23, 1903 at 9-30 o'clock P.M. and returned to George G. Loose Emma Blake Mbhary Parker