8/16/1963 · RELEASE · book 37 page 8 doc 6170@37/8

8 by extended coverage, no called, to protect the Interest of the Buyer, the Seller, and any assignee of the Seller in said property. Buyer agrees to pay the premiums of such insurance upon demand, and that upon failure to do so payment of said premiums shall be secured by this contract. 7. Time is of the essence of this contract, and if Buyer defaults in complying with the terms hereof, or Seller deems the property in danger of misuse or continuation Seller, or any sheriff or other agent of Seller may with impunity enter upon the land and take possession of said property and any accession thereto, sever it from the realty and remove it, (possession by the Buyer after default being unlawful). Such repossession shall not affect Seller's rights, hereby confirmed, to retain all payments made prior thereto by the Buyer hereunder. Seller may resell said property, to retainers, or public or private sale without demand for performance, with or without notice to Buyer (if given, notice by mail to address above being sufficient), and with or without having said property at place of sale, and upon such terms and in such manner as Seller may determine) and Seller may bid at any public sale. From the proceeds of any such sale, Seller shall deduct all expenses from retaking, repairing and selling such property, including a reasonable attorney's fee. The balance thereof shall be applied to the amount due from the Buyer; any surplus shall be paid over to the Buyer; and in case of deficiency Buyer shall pay the same with interest. Seller may take possession of any other property in the above described property at the time of repossession and hold same temporarily for Buyer without liability on the part of the Seller. Any assignee of the Seller shall be entitled to all the rights of the Seller. IN WITNESS WHEREOF, this instrument is executed in quadruplicate, one of which was delivered to and retained by the Buyer, this 5th day of August 1959. WAKEFIELD BRANCH COMPANY J. H. BRIERLEY Pres. ANNA M. MONTAGNO (Buyer) JOHN F. MONTAGNO, SR. (Buyer) In the presence of: STATE OF RHODE ISLAND COUNTY OF WASHINGTON In South Kingstown Rhode Island this 5th day of August A. D. 1959, there personally appeared before me Anna M. Montagno, the Buyer, and J. H. Brierley, President of Wakefield Branch Company, the Seller, to me known and known by me to be the parties executing the foregoing instrument, and acknowledged said instrument, my hand, then executed, to be their free act and deed individually and in its properly authorized capacity. ROBERT ARNOLD WICKERSON (Notarial Seal) Notary Public SELLER'S ASSIGNMENT TO RHODE ISLAND HOSPITAL TRUST COMPANY: For Value Received, the undersigned hereby sell, assigns, and transfers to Rhode Island Hospital Trust Company, its successors and assigns, all its right, title and interest in and to the within installment sales agreement described following this assignment and the real property covered thereunder including the premises Rhode Island Hospital Trust Company, its successors and assigns, to do every act and thing necessary to collect the payments due thereunder. The undersigned certifies that said installment sales agreement arose from the sale of the within described property to the Buyer as the case may be, that said sale is and remains a bona fide sale and is not a straw sale and is free from all liens and encumbrances; that said property is represented to the Buyer of said property by the undersigned and that to the best of the knowledge and belief of the undersigned the understanding of the Buyer on the application for credit are true. WAKEFIELD BRANCH CO. J. H. Brierley Pres. Received for record August 2nd, A. D. 1959 at 9:11 o'clock, a. m., and recorded by [?] Town Clerk ---- DISCHARGE OF I-STALLMENT SALES AGREEMENT Rhode Island Hospital Trust Company "vendor", the undersigned, having received full payment and satisfaction of that certain installment Sales agreement Recorded in the Records of Land Evidence of the Town of Charlestown Rhode Island in the Book of Rhode Island Hospital Trust Company "vendor" 37 page 8 does hereby cancel and discharge the same. And the said Rhode Island Hospital Trust Company "vendor" conveys to and with the person making said payment that it is the present owner of said Installment Sales agreement. IN WITNESS WHEREOF the said Rhode Island Hospital Trust Company has executed this i-strument and has caused its corporate Seal to be affixed to it by its duly authorized officer this 26 day of July, 1963. (Corporate Seal) Rhode Island Hospital Trust Company By: L. E. Kronquist Vice Pres. In Presence of: Matthew J. Gill Received for record August 16, A. D. 1963 at 12:17 o'clock, P. M. and recorded by [?] Town Clerk