7/19/1916 · MORTGAGE DISCHARGE · book 16 page 214 doc 6392

174 STATE OF RHODE ISLAND, ETC.) County of Washington }

290 TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and to the use of the said The Washington Trust Company, 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 The Washington Trust Company, 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; that we have good right, full power and lawful author- ity to sell and convey the same in manner aforesaid; that the said The Washington Trust Company, its Successors and Assigns shall, by these presents at all times hereafter peace- ably 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 The Washington Trust Company, its Successors and Assigns, forever, against the lawful claims and demands of all persons, and will also pay the moneys, taxes and assessments and other expenses hereby secured as hereinafter provided. PROVIDED, NEVERTHELESS, that if we, the said mortgagors, or our heirs, executors, administrators or assigns, shall pay unto the said The Washington Trust Company, its Success- ors or Assigns, the sum of Seventy-five Hundred ($7500.00) Dollars at its Banking House in said Westerly, R. I., six (6) months from the date hereof, with interest thereon, at the rate of five (5%) per centum per annum payable semi-annually in advance until said princi- pal 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 assessed or imposed upon or in respect of said premises, or upon said The Washington Trust Company, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that may be hereafter enacted, and shall maintain insurance on said premises as her-inafter provided and pay the premiums therefor upon demand, all of said payments to be paid at the several times of payment in currency of the United States, then this deed as also a promissory note whereby said mortgagors promise to pay the said The Washington Trust Company or order, the sum aforesaid with interest as aforesaid at the times aforesaid, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said principal sum or of said interest at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same first become payable, or of any 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 The Washington Trust Company, its Successors or Assigns, to sell, togeth- er or in parcels, all and the singular the premises hereby granted, or intended to be granted, or any part or parts thereof, and the benefit and equity of redemption of the said mortgagors and their heirs, executors, administrators and assigns therein, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser shall be answer- able 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 newspaper published in said Town of Charlestown, R. I., with power to adjourn such sale from time to time, provided that the publication 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 such sale to be upon the premises or elsewhere as specified in such notice; and in its or their own name 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 or sales, good and sufficient deed or deeds of the premises sold in fee simple; and to receive the

291 purchase moneys, and therefrom to retain all sums hereby secured, whether then payable or to become payable thereafter, or the part thereof then remaining unpaid, and also the interest then due on the same, together with all expenses incident to such sale or sales, and all counsel fees and other expenses, incurred in, or in any way connected with, the exercise of these powers and all taxes, and assessments as aforesaid and all premiums for Insurance, either theretofore paid by the said The Washington Trust Company, its Successors or Assigns, or then remaining unpaid, rendering and paying the surplus of said purchase moneys, 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 mortgagors, their heirs, executors administrators or assigns, which sale or sales shall be forever a perpetual bar both in law and equity against the said mortgagors, and their heirs, executors, adminis- trators and assigns, and all persons claiming said premises so sold by, from, under them or any of them. And we the said mortgagors for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said The Washington Trust Company, its Successors and Assigns, that we or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. And FURTHERMORE, we the said mortgagors, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said The Washington Trust Company, its Successors and Assigns, that insurance against loss by fire or any other casualty which may be so specified by the mortgagee shall be kept and maintained on the buildings on the premises aforesaid in such office or offices as the said Company, its Successors and Assigns, shall approve, in a sum not less than Seven-ty-five Hundred ($\text{7,500.00}$) Dollars or in such greater amounts as will prevent the operation of co-insurance clauses contained in such polices of insurance, and that the policy or policies of insurance shall be assigned and transferred, or made payable in case of loss, to the said The Washington Trust Company, its Successors and Assigns, as collateral security hereto, and in default thereof hereby agree that said The Wash- ington Trust Company, its Successors or Assigns, may pay from time to time any premiums which may be necessary to maintain existing insurance or may effect new insurance; and the said mort- gagors for themselves and for their heirs, executors, administrators and assigns agree to repay to the said The Washington Trust Company, its Successors or Assigns, upon demand any premiums paid by it or them, and if not repaid, the same shall be added to said principal sum and shall be a further charge upon said premises granted and secured by these presents, as aforesaid. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 2nd day of September, A. D. one thousand nine hundred and forty-eight. Signed, sealed and delivered } GEORGE SOULE (SEAL) in presence of } LILA CRAPO SOULE (SEAL) Howard E. Thorp } STATE OF RHODE ISLAND, ) ) County of Washington } ss ) In Westerly, on the 2nd day of September, A. D. 1948, before me personally appeared the above named mortgagors, George Soule and Lila Crapo Soule, husband and wife, 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. HOWARD E. THORP (Notarial Seal) Notary Public Received for record September 3rd, A. D. 1948 at 9:08 o'clock a. m., and recorded by Town Clerk (FOR DISCHARGE OF THIS MORTGAGE SEE PAGE 679)