9/21/1903 · MORTGAGE · book 14 page 498 doc 5960

498 Know All Men by these Presents, that we Hugh J. Fitzpatrick and Mary E. Fitzpatrick his wife (one half belonging in the right of said wife) of Charlestown county of Washington and State of Rhode Island housekeeping called the mortgagors, in consideration of the sum of Six Hundred (600) Dollars to be paid by the Kingston Savings Bank a corporation created by the General Assembly of the said State of Rhode Island located at and doing its business in the Town of South Kingston in said State herein after called the mortgagee, the receipt whereof is hereby acknowledged, do hereby give, grant bargainise, sell and convey unto the said mortgagee and its successors and assigns forever, two certain tracts of land which are situated in the said town of Charlestown, and which are bounded and described as follows viz: The first tract contains eighty (80) acres or there about more or less, and is bounded on the North by the Pawcatuck river, on the east by land of William Schadt, land of the grants (it being the second tract) and land of the heirs of John H. Money, on the South by land formerly belonging to Elizabeth Plunkett and on the West the Pawcatuck river to the place of beginning at the Northeast part of the said tract with a dwelling house and other buildings and improvements situated thereon. The said tract of land was deeded to the said mortgagors one half by David A. Money Sept 4th 1903 and one half by Lohal J. Greene admin of estate of John H. Money Sept 18th 1903. The second tract contains twenty (20) square rods or there about more or less, and is bounded on the North by land of William Schadt land of the Narragansett Mills Company, and land of William Lucken on the East by a lane or driveway on the South by land of the said heirs of the late John H. Money and on the West by land of the mortgagors (it being a part of the first tract) The second tract was deeded to the said mortgagors by Lohal J. Greene admin of the estate of John H. Money Sept 18th 1903, and for a more particular description of either of the said tracts reference may be had to the said deeds. To have and to hold the aforementioned premises, with all the privileges and appurtenances therunto belonging, unto and to the use of the said mortgagee, and its successors and assigns forever, And we the said mortgagors do hereby for ourselves and for our heirs, executors and administrators covenant with the said mortgagee and its successors and

assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances excepting the rights of way or driveway now existing over said land or any part thereof; that we have good right full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we the said mortgagors will, and our heirs, executors and administrators shall, warrant and defend the same to the said mortgagee and successors and assigns forever against the lawful claims and demands of all persons. And for the consideration aforementioned I the said though [illegible] hereby release all my right by the dowerly and I Mary E. [illegible] the said wife is hereby release all my right of dower 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 if the said mortgagors or their heirs, executors, administrators or assigns, shall pay into the said mortgagee or its successors or assigns, the sum of six hundred dollars ($600.00) dollars whereof the said mortgagors have made their negotiable promissory note for said aggregate sum, bearing eve date with these presents above made payable to the order of the said mortgagor savings Bank (six months from the date hereof with interest thereon at the rate of 6 per centum per annum payable semi annually in advance until said principal sum is paid, whether at or after maturity, and all installments of interest in arrears whether before or after maturity, to bear interest at the rate aforesaid until paid, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises, then this deed, as also 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 sum for six hundred dollars & of said interest at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or of any or 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 its successors or assigns to sell together or in parcels, all and singular the

500 premises hereby granted or intended to be granted, or any part or parts thereof and the right and equity of redemption of the said mortgagors and their heirs, executors, administrators and assigns therein at public auction upon the premises, and to bid for and become the purchaser or purchasers at any such sale (and no such purchaser or purchasers shall be answerable for the application of the purchase 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 published in said Washington County with power 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 our own or their own name or names or as the attorney or attorneys of the said mortgagors (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation) to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds of said premises in fee simple, 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, of the part then their remaining unpaid and also the interest there on due on the same, together with all expenses incident to such sale or sales, and for making such sale hereafter, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said power, and all taxes, assessments and premiums for insurance, if any, either heretofore paid by the said mortgagee its successors or assigns or then remaining unpaid, upon said granted premises remaining and paying the surplus of said proceeds of sale if any there left over and above the amounts to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges to the said mortgagors or their heirs, executors, administrators or assigns which sale or sales made as aforesaid shall be for a perpetual bar both in law and equity against the said mortgagors and their heirs, executors, administrators and assigns, and all persons claiming said premises as sold, buy, from or under us then or any of them, And but the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns hereby covenant with the said mortgagee and it successors

and assigns that we shall and they will upon request execute such deeds as may be confirmatory of said sale or sales as may be required, And furthermore, we the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgagees, and its successors and assigns, That insurances against loss by fire shall be kept and maintained on the buildings on the premises insured in such office or offices as the said mortgagees and its successors or assigns shall approve in a sum not less than six hundred (600) dollars and that the policy or policies of such insurance shall be assigned and transferred or made payable in case of loss, to the said mortgagees or its successors or assigns, as collateral security hereby, and in default thereof hereby agree that the said mortgagees, or its successors or assigns, may effect such insurance in the name of the said mortgagors and their heirs and assigns, payable in case of loss to the said mortgagees, and its successors or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises, secured by these presents. In witness whereof we have hereunto set our hands and seals this 13th day of September in the year of our lord one thousand nine hundred and three. Signed and sealed in presence of Hugh J. Fitzpatrick S.S. Mary E. Fitzpatrick S.S. Cohal Lehane State of Rhode Island County of Washington In Charlestown on the 14th day of September A.D. 1903 Before me personally appeared Hugh J. Fitzpatrick and Mary E. Fitzpatrick to me known and known by me to be the parties executing the foregoing instrument and they thus acknowledged said instrument by them executed to be their free act and deed. Cohal Lehane Notary Public S.S. Received for record Sept. 21, 1903 at 6.30 oclock P.M. and recorded by George G. Corwin Town Clerk I the undersigned having received full payment and satisfaction of the mortgage given to me by the results of land conveyed in the town of Charlestown by the indenture dated in the month of April 18th 1903 dated in North Kingstown 14th of May 1898 do hereby cancel and discharge the same. And I agree to convey the above mentioned land after payment that we may enter into a new mortgage saying that we have hereunto set our hands and seal this 15 day of March 1912. Kingston Savings Bank W. H. Jordan Treas. H. R. Gordon Reason S.S. Recorded by George G. Corwin Town Clerk