4/18/1910 · DEED · book 16 page 411 doc 6488

456 not less than One Thousand (1000) Dollars, all toilets, baths, kitchens or other drains or sewages outlet shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the Grantees, their heirs or assigns, at their own cost and expense. 3. No division or fire walls, hedges, or fences shall be permitted, nor trees of any kind, nor anything (except the dwellinghouse) that shall in any way obstruct the view from any part of any street or highway, nor any dwellinghouse in this Colony, shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Howard S. Thorp, his heirs and assigns, reserves the right to enter upon the above described and conveyed premises to lay any pipe outlets or pipes or repair the same, always leaving the premises in as good condition as they were entered. 6. It is hereby further covenanted, represented and agreed by and between the parties hereto That all the aforesaid conditions, covenants, and agreements on the part of the Grantee, shall attach to the premises, and hereby convey and run with the land, either at law or in equity, and the Grantee hereby covenants and their agree and made a part of the consideration of this sale and purchase that in case of any violation of any of the aforesaid covenants or conditions, the Grantee, their heirs and assigns that the title and the fee to said premises shall revert to said Howard S. Thorp, his heirs or assigns, and he or they may repossess himself or themselves of the premises and said right, title, title and in- terest hereby conveyed shall be forfeited and cease and terminate. WITNESS my hand this 1st day of November 1938 (INTERNAL REVENUE STAMP, 50c) NELLIE A. ANDREWS (L. S.) STATE OF CONNECTICUT COUNTY OF FAIRFIELD In Bridgeport on the 1st day of November 1938 before me personally appeared Nellie A. Andrews, to me known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument, by her executed, to be her free act and deed. JOHN UDOLIK Notary Public. (Seal) Received for record November 9th, A. D. 1938 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk KNOW ALL MEN BY THESE PRESENTS: That we, RALPH P. STOTT and MYRTLE B. STOTT, husband wife, both of the Town of Charlestown, in the County of Washington and State of Rhode Island, (hereinafter called the mortgagors) in consideration of One Thousand ($1000.00) Dollars to us paid by the WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, a corporation legally incorporated, and established and transacting business in the Town of Westerly, in the County of Washington, and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (hereinafter called the mortgagee), its successors and assigns, forever, that certain real estate situated in Charlestown, County of Washington, in the State of Rhode Island, and de- scribed as follows:

457 A certain tract or parcel of land, together with the buildings and improve- ments thereon standing, bounded and described as follows:- Beginning at a stone bound set in the ground on the easterly side of the road or highway leading from the Village of Carolina to Wood River Junction; said stone bound being the southeasterly corner of the tract hereby conveyed and the south- westerly corner of land of a certain person; thence north eighty one degrees westerly, one hundred forty four feet, to another stone bound a westerly direction, bound southerly by said State highway, a distance of one hundred twenty five feet (125 feet), to another stone bound, then north, with said State Highway to the southerly bank of the Pawcatuck River thence in a northeasterly direction, along the southerly bank of said river, to another stone bound, a distance of one hundred forty four feet (144 feet), more or less, to a stone bound set in the ground thence north eighty one degrees easterly, to another stone bound bounded eighty six(86) feet to the point of and place of beginning, or however otherwise the same may be bounded or described. Meaning and intend to convey the entire Lot (Number 3) [three] as shown and delineated on a plan or plat entitled, "Plan of Land - Town of Charlestown - Fred H. Kanter, buyer to lot 3, plan dated June 19, 1939" said plan is recorded at Book 27 page 274 of the Land Evidence Records of said Town of Charlestown, and is here referred to and made a part hereof for the purposes of a more particular description of the premises, said plan having been prepared by William P. G. Barrer to said Fred H. Platt andsortie L. White s. Dated July 22, 1939 and is recorded in said Land Evidence Records. Together with all buildings and improvements now or hereafter erected thereon, all the hereditaments, appurtenances and rights thereunto belonging or in any wise now or hereafter appertaining, the rents, issues and profits thereof, and all plumbing, heating, lighting and other fixtures, equipment and articles now or hereafter attached thereto. TO HAVE AND TO HOLD the aforesaid premises, with their appurtenances, unto and to the use of the said mortgagees, and its successors and assigns, forever. And the said mortgagors do hereby, for themselves and for their heirs, executors and administrators, covenant with the said mortgagee, and its successors and assigns, that they are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances; except a prior mortgage of record for $2000.00 to said Westerly Savings Fund & Loan Association dated August 17, 1935; that they have good right, full power and lawful author- ity, to sell and convey the same in manner as aforesaid; that the said mortgagee, and its suc- cessors and assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises; and that the said mortgagors will, their heirs, executors and administrators, shall, warrant and defend the same to the said mortgagee, and its successors and assigns, forever, against the lawful claims and demands of all persons. THE CONDITION OF THIS DEED is such that, whereas, we have this day pledged and trans- ferred to the said mortgagee five (5) Shares of its capital stock, said shares being in the 100th Series, as collateral security, together with the real estate hereby conveyed, for the performance of the terms, covenants and conditions of this mortgage and of the note hereinafter mentioned, upon which shares said Sum of One Thousand ($1,000.00) Dollars has been advanced to us by said mortgagees, now therefore, we, the said mortgagors or our heirs, executors, adminis- trators, or assigns, shall pay unto the said mortgagees, its successors or assigns, the sum of Ten and 100/100 ($10.00) Dollars monthly, such and every month thereafter, at such times and places as shall be designated by said mortgagee, or its successors or assigns, being the amount of the monthly dues on said -5 shares and of the monthly interest upon said loan or advance of One Thousand ($1000.00) Dollars for which said shares is pledged and noted via mortgage given, together with all those charges chargeable by the By-Laws of said Corporation upon arrears of such payments, until the said shares shall reach the ultimate value of two hundred dollars each, or if we or our heirs, executors, administrators or assigns, shall otherwise sooner pay unto said mortgagee, its successors or assigns, said sum of One Thousand ($1000.00) Dollars together with the said interest and taxes and fines as aforesaid, to the time of such payment, and until said loan shall be paid or cancelled by the ultimate value of said shares, and if we shall also pay all taxes, assessments, insurance premiums, water rates and other sums, the payments of which are hereby secured, as and when the same become due and payable, and perform all other covenants and conditions, as all provided herein or in the note above mentioned on the part of the said mortgagors, or their heirs, executors, administrators and assigns, to be paid or performed, then this deed as also said promissory note shall become and be absolutely void to all intents and

458 purposes whatsoever. BUT IF DEFAULT shall be made in the payment of any of the sums of money above mentioned, at the time or times when due as aforesaid, or of the taxes, assessments, in- surance premiums or water rates hereinafter specified, or of any other sum of money the pay- ment of which is hereby or by note said requisite required or secured or of any portion thereof at the time or times when due as herein or therein provided, and such default shall continue for thirty (30) days, or if breach shall be made of the covenant for insurance hereinafter contained or in the performance of any other of the covenants and conditions of this mort- gage or of said note, or if the whole of said principal sum shall not be paid when law- fully declared to be immediately due and payable, then it shall be lawful for said mortgages, its successors or assigns, said, together, or in parcels, all and singular the premises hereby granted, or intended to be granted (herein called the premises), or any part or parts thereof, and the benefit and equity of redemption of 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 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 (3) successive weeks in some newspaper published in said town of Westerly 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; such sale to be upon the premises or elsewhere as specified in such notice; and in its or their own names 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 or sales, good and sufficient deed or deeds of the premises sold in fee simple; and to re- ceive the 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 s- ecurement, exercise or defense of these powers or any proceeding or action concerning the enforce- ment thereof or of said note or of these presents, and all taxes, water rates, assessments, insurance premiums and expenses of repairs, either theretofore paid by the said mortgage or then remaining unpaid, rendering and paying the surplus of said purchase moneys, if any there be and over the amounts so the same 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 and assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagors, their heirs, executors, administrators and assigns, and all persons claiming said premises so sold by, from or under, then or any of them. And the said mortgage, for themselves and for their heirs, executors, adminis- trators and assigns, hereby covenant with the said mortgages, and its successors and assigns, that they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, for the consideration aforesaid, and to further increase the se- curity of this mortgage, do hereby covenant and agree to and with the said mortgage, and its successors and assigns, as follows:

459 1. To pay all indebtedness hereby secured in accordance with the terms of said note, all taxes and assessments of every nature levied or to be levied upon said premises or upon the mortgagee, its successors or assigns, in respect to this mortgage or mortgage indebtedness, whether under statutes now in force or that may hereafter be enacted, all insurance premiums payable on said premises, and all water rates and other expenses hereby secured as herein provided. 2. To keep and maintain insurance against loss by fire upon the buildings upon said premises, payable as loss payee to the mortgagee, its successors or assigns, in at least such amount, not less than One Thousand ($1000.00) Dollars and not less than the amount necessary to protect the security of the mortgagee, its successors such form and in such company or companies as shall be satisfactory to the mortgagee, its successors and assigns, and to pay the premiums thereon when due, and to such agents or brokers as hereby may select all insurance effected upon said buildings payable to the mortgagee, its successors, executors, administrators and assigns de whether or not required by the mortgagee, its successors, executors, administrators and assigns de or subsequently made such insurance, and to deliver the policy or policies, and any to, and the policies thereof to be delivered to said mortgagee, its successors and assigns unless hereby made such insurance, and to deliver the policy or policies, and any the time of being set WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, or its successors, that said term shall expire, and to provide that such policy or policies shall not be in the uncontrolled discretion of said attorney to demand, adjust, sue for, compro- mise, settle and pay any and all sums which may be due or become due thereunder, discharging receipts for all and any sums received in settlement of such losses, to reimburse themselves of all costs and expenses (including reasonable attorneys' fees) involved in connection therewith, and to deliver the reimbursement thereof to said mortgagee, its successors or assigns, and to make such renewals as may be necessary to prevent the of or divided any cancelled insurance heretofore, notwithstanding any claim of any holder of any assignment lien upon said policy or policies, and to provide that no payment part upon any installments of the indebtedness hereby secured, whether or not then due, or cost reimbursement of any such insurance premiums, and to provide that the cost of replacing or restoring the damaged buildings or improvements to 3. To maintain all buildings upon said premises in good repair, and not to cause or permit any demolition or removal without first obtaining the written consent of the mortgagee, its successors or assigns. 4. That the amounts advanced by the mortgagee, its successors and assigns, for the payment of taxes, assessments, water rates or insurance premiums shall be repaid upon demand, and until repaid, the said amounts together with interest at the rate of per cent hereby secured and shall bear interest at the same rate as said indebtedness, and, to- gether with such interest, shall be further a first lien upon the premises secured by these presents. IN WITNESS WHEREOF, we have hereunto set our hands and seals this fifth day of November, A. D. one thousand nine hundred and thirty-eight. Signed, Sealed and Delivered in presence of Betty R. Alger Henry Harris MYRTLE B. STOTT (SEAL) RALPH P. STOTT (SEAL) STATE OF CONNECTICUT) ss. County of New London) In Pawcatuck, on the fifth day of November, A. D. 1938, before me personally appeared the above named Ralph P. Stott and Myrtle B. Stott, 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, to be executed, by them to be their free act and deed. HENRY HARRIS (SEAL) Notary Public. Received for record November 9th, A. D. 1938 at 9:50 o'clock, a. m., and recorded by [Signature] The WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, having received full payment of all sums due on this Mortgage, does hereby cancel and discharge the same. In testimony whereof said Association has caused its corporate seal to be hereto affixed by the Assistant Treasurer thereof duly authori- zed, this 17th day of April 1949. In presence of Henry Harris WESTERLY SAVINGS FUND AND LOAN ASSOCIATION(Corporate Seal) By E. Howard Clark Asst. Treasurer Received for record April 24th, A. D. 1949 at 4:15 o'clock, p. m., and recorded by [Signature] Town Clerk