3/25/1960 · MORTGAGE · book 37 page 184 doc 6403@37/184

184 In consideration of the purchase price it is understood and agreed that the above restrictions and reservations shall apply to and run with the land for a period of twenty years from January 1, 1952. The grantees, their heirs, executors, administrators, assignees, licensees, servants or agents, shall have the right and power in common with others to cross over and across Lot #28 from Atlantic Avenue to the beach, and the grantees, their heirs, executors, administrators, assignees, licensees, servants or agents, shall have the right and power in common with others to enter on and use at all times and for all purposes all that certain Lot #28 and the twenty-five foot right of way leading to said lot, all shown on that certain plat or plan entitled, "Plat of East Beach at Quonochonticut, Charlestown, Rhode Island, Now Town of Charlestown, Scale 1 inch equals 100 feet, revised July 7, 1951." Which plat is duly filed in the Land Evidence Records of said town. IN WITNESS WHEREOF, the said corporation has caused these presents to be duly signed by its Treasurer and Secretary, respectively duly authorized, and the corporate seal to be hereunto affixed at Westerly, Rhode Island, this 2nd day of March 1960. CHARLESTOWN ESTATES, INC. (Corporate Seal) NELSON H. THORP Treasurer PAUL M. KEARNEY Secretary (DOCUMENTARY STAMP, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 2nd day of March 1960, before me personally appeared Nelson H. Thorp, to me known and known by me to be the Treasurer of said corporation, and Paul M. Kearney, to me known and known by me to be the Secretary of said corporation, and they acknowledged said instrument by then executed to be the free act and deed of said corporation, and as well individually. FLORENCE J. WELLS (Notarial Seal) Notary Public Received for record March 24th, A. D. 1960 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED I, MARY ELIZABETH ROMNEY, of Cincinnati, Ohio, hereinafter called the mortgagor, for consideration paid, grant to WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, a corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the mortgagees, with MORTGAGE COVENANTS, to secure the payment of The Ten Thousand ($10,000.00) Dollars, with interest thereon at the rate of 6% per annum as specified in a certain negotiable promissory note of the mortgagor, of even date herewith, said principal and interest being payable in monthly installments of One hundred dollars and 01/100 ($100.01) Dollars each on the 22nd day of each successive month commencing July 22, 1960 (monthly payments prior to that date being limited to interest only) until all said principal and interest are paid in full, all as provided in said note, the following described land, together with all buildings and other improvements now or hereafter erected thereon, all the hereditaments, appurtenances and rights thereto appertaining or belonging in or any way now or hereafter appertaining, and together with and including as part of the realty, all heating, all heating and air-conditioning apparatus, plumbing, stoves, doors and windows and glass, gas, oil and electric fixtures, screens, screen doors, awnings, and other fixtures of whatever kind and nature now or hereafter placed thereon prior to the full payment and discharge of this mortgage, situated in the Town of Charlestown, County of Washington and State of Rhode Island at Quonochonticut Beach, and humbled and described as follows: Beginning at a point on the easterly line of Atlantic Avenue, so-called, said point being the northeasterly corner of the parcel herein conveyed, and the southeasterly corner of land now or formerly of Lester W. Field it extends thence easterly bounded southly by said Field a distance of 150 feet to the northeasterly corner of the parcel herein conveyed; thence turning a right angle and extending southerly 120 feet to the southeasterly corner of the parcel herein conveyed; thence turning a right angle and extending westerly 150 feet to the southwesterly

185 corner of the parcel herein conveyed at a point on the easterly line of said Niantic Avenue; thence northerly along the easterly line of Niantic Avenue 120 feet to the point of place of beginning of a triangle of land now or formerly the property of Lester W. Field now or formerly of said land now or formerly the property of Lester W. Field now or formerly etc; easterly by land now or formerly of William P. O'Hara et ux/ sorry; in authenticity land now or formerly of Stanton Glover et ux; and westerly by Niantic Avenue, so called; Meaning and conveying lot 12 and lots #17 and #18 as shown and delineated on "Plot of Quarter-section Central Gravestat et al" showing the property of H. E. and N. H. Thorpe, scale 1 inch equals 80 feet, July 24, 1936, Roosevelt & Lewis Engrs., which is recorded in the Registry of Deeds land evidence Book 34, page 114. being the same premises conveyed to said Mary Elizabeth Romney by Howard E. and Nelson H. Thorpe by deed dated August 25, 1937 and recorded in the Charlestown Land Evidence Records in Book 36, page 42 and including all the buildings, mortgages, easements, etc., and subject to the building, zoning and use restrictions therein set forth. This is a construction loan mortgage, the note and mortgage having applied to the mortgage for a loan of $12,000.00 to be used for the purpose of erecting a dwelling on the above described premises upon which a building and other improvements are in the process of construction. Of said sum, $5,000.00 is advanced upon the receipt whereof hereby acknowledged by the mortgagor, and the balance, to wit: $7,000.00 is advanced upon the receipt whereof hereby acknowledged by the mortgagor, under the rules and regulations of the mortgagee, as the work on said building progresses. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE provided; however, that a foreclosure may be made upon the premises or closure at the option of the mortgagor, as specified in the notice of default. This mortgage is made subject to those additional agreements and covenants contained in the instrument entitled ADDITIONAL CONDITIONS OF MORTGAGES OF WESTERLY SAVINGS FUND AND LOAN ASSOCIATION; said additional agreements being hereby incorporated into this mortgage by reference. A record copy of the said additional agreements, two of which are on record said Town of Charlestown, in Land Evidence Records Book 35 pages 33-34. Said agreements and covenants are by reference made part of this mortgage and the mortgagor hereby agrees to abide by the terms and conditions of any such additional agreements. In the event of any conflict between the terms of this mortgage and said additional agreements, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for the consideration aforesaid, I, WILFORD L. ROMNEY, husband of the mortgagor, release to the mortgagees all my right in and interest in all the above described statutory and otherties, in the aforementioned premises. WITNESS our hands and seal this 22nd day of March 1960. (SEAL) MARY ELIZABETH ROMNEY WILFORD L. ROMNEY Executed in presence of Negatier [?] J. G. Williams STATE OF OHIO County of Hamilton In Cincinnati on the 22nd day of March 1960, before me personally appeared the above named MARY ELIZABETH ROMNEY and WILFORD L. ROMNEY, to me and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument to be executed by them for the free and said act be. J. G. WILLIAMS (Notarial Seal) Notary Public STATE OF OHIO } COUNTY OF HAMILTON } ss I, WMER F. HUSNICKER, Clerk of the Common Pleas Court, the same being a court of record of the aforesaid county, having by law a seal and hereby certify that J. G. Williams Rev., whose acknowledgment, proof or affidavit, is attached to the affiliated instrument, proved after due examination, before me that he was a Notary Public, and was, as such, an officer of said state, said public duly commissioned and sworn and residing in said county, and that, full faith and credit are and ought to be given to his official acts, and that the seal which he has affixed to said acknowledgment of deeds and other instruments in writing to be recorded in said state, and that full faith and credit are and ought to be given to his official acts, and that the seal which he has affixed to said acknowledgment is his genuine signature. I further certify that the filing of impression of the notary seal is not required in this state. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 7th day of March 1960. WMER F. HUSNICKER (Official Seal) Clerk of Common Pleas Court, Hamilton County, Ohio Received for record March 25th, A. D. 1960 at 9:30 o'clock, a. m., and recorded by [Signature] Town Clerk DISCHARGE OF MORTGAGE The WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, of Westerly, Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Land Evidence Records in the Town of Charlestown, R. I., in Real Estate Evidence Book 37, page 184, do hereby discharge the same. IN TESTIMONY WHEREOF, said Association has caused these presents to be signed and its Corporate Seal to be hereunto affixed by A. Amelia N. Markham omnibus Treasurer only authority, this 1st day of September, A. D. 1965. WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (Corporate Seal) By A. Amelia N. Markham Its Treasurer Signed and sealed in presence of James J. Morrison Received for record Sept 10th 1965 A. D. 1965 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk