5/17/1960 · MORTGAGE · book 37 page 243 doc 6492@37/243

243 STATUTORY FORM WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that We, W. MORRICE HOXSIE and ELIZABETH B. HOXSIE, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to ARTHUR C. BROWN and LILLIAN C. BROWN, husband and wife, both of said Town, County and State, as JOINT TENANTS and not as Tenants in Common, meaning to the survivor, with WARRANTY COVENANTS That certain parcel or tract of land situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: Beginning at an iron pipe found set in a stone wall bounding on the northerly line of the State Highway, commonly known as the Post Road, said point being on the northerly 118.00 feet westerly of the southernmost corner of lot known and delineated as "Philip Pinkham", on the center plat entitled "Plat of Property of W. Monroe Hoxsie", dated September 1, 1934, Section B, Scale 1 inch = 100 feet, recorded May 19, 1939, in the Charlestown Recorder's Office, Recording District "20" Right of Way marked Ade, filed in the Town Clerk's Office, certified copy thereof, then running westerly, along said stone wall, southerly 89 deg. 45 min. and westerly 23.80 feet to an iron pipe set in the ground; thence running along said stone wall 0 deg. 45 min. and northerly bounding, westerly bounded southerly by State Highway, a distance of 109.81 feet to a point marking the southeasterly corner of lot known and delineated as "Philip Pinkham", on the center plat entitled "Plat of Property of W. Monroe Hoxsie", recorded May 19, 1939, in the Charlestown Recorder's Office, said point being set by a Right of Way, a distance of 139.06 feet to a point in a stone wall situated at the northeasterly corner of said lot a distance of 107.46 feet, more or less, to a drill hole at angle of 90 deg. and thence running northerly along a stone wall a distance of 107.46 feet, more or less, to a point marking the northeasterly corner of the premises herein conveyed; thence running northerly in a straight line a distance of 235.00 feet to the point of beginning. In case of a subsequent sale or sale of premises or any part thereof, said Grantors, their heirs and assigns shall be given ten (10) days notice in writing and shall have first option to purchase the same with its buildings and improvements thereon at the highest bona fide price in good faith made and actually offered to the Grantees. We, W. MORRICE HOXSIE and ELIZABETH B. HOXSIE, husband and wife, release to said Grantees all our right of curtesy and dower, respectively, and all other interest in and to the aforementioned premises. WITNESS our hands this 16th day of May 1960. W. MORRICE HOXSIE ELIZABETH B. HOXSIE STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 16th day of May 1960, before me personally appeared W. Monroe Hoxsie and Elizabeth B. Hoxsie, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument and they severally acknowledged said instrument, by them executed, to be their free act and deed. JAMES D. THORNTON, JR. Notary Public Received for record May 17th, A. D. 1960 at 1:00 o'clock, p. m., and recorded, by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, ARTHUR C. BROWN and LILLIAN C. BROWN, husband and wife, of Charlestown, Rhode Island, hereinafter called the "mortgagors," in consideration of Eight Thousand & 00/100 ($8,000.00) Dollars, to paid by INDUSTRIAL NATIONAL BANK OF PROVIDENCE, a national banking association organized and existing under the laws of the United States of America, with its principal place of business in the City and County of Providence in the State of Rhode Island, hereinafter called the "mortgagee," the receipt whereof is hereby acknowledged, do hereby grant to the mortgagee, its successors and assigns forever, with MORTGAGE COVENANTS, to secure the payment of the principal and interest of a certain promissory note of the mortgagor of even date herewith and bearing the serial number herefrom, the following: That certain tract or parcel of land, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows:-

244 BEGINNING at an iron pipe set in the ground on the northerly side of the State Highway, commonly known as the Post Road; said point of beginning being 118.00 feet westerly of the southeasterly corner of a tract of land designated as "Philip Inchley" on that certain plat entitled, "Plan of Property of W. Monroe Hoxsie, Post Road Route U. S. 1, Charlestown, R. I.," dated June 1st, 1936, and revised Sept. 4, 1959, by H. A. Emerson, Civil Engineer, Revision of Right of Way added Feb. 11, 1960", on file in the Town Clerk's Office in said Town of Charlestown, Rhode Island; thence running southerly, parallel and east of said State Highway, a distance of 23.80 feet to an iron pipe set in the ground; thence turning angle way on southerly a distance of 118.00 feet to an iron pipe set in the ground; thence running again westerly, bounded southerly by said State Highway, a distance of 23.80 feet to an iron pipe set in the ground; thence turning angle way on northerly, a distance of 137.03 feet to a distance of 137.03 feet to a distance of 137.03 feet, bounded westerly by said Right of Way, and then turning angle way on the corner of the premises herein conveyed thence running northerly angle of said home running northerly a distance of 122.56 feet or there to a drill evidence although set along boundary wall a distance of 107.57 feet or there to a drill evidence angle of said home running northerly a distance without a distance 82.76 feet to a drill evidence hole set in the wall at the northeasterly corner of the premises herein conveyed; thence running southerly a distance of 118.00 feet to the point of beginning or however else the same may be bounded or described. Being the same premises conveyed to the mortgagors by the deed of W. Monroe Hoxsie et ux, recorded in the Book of Records and Papers of Charlestown, R. I. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; provided, however, that publication of notice of a foreclosure sale may be made alternatively in a newspaper published in the locality of the premises, and that such publication shall be deemed the same as the presence of the option at the mortgage, as specified in said notice. This mortgage is made subject to those additional covenants and agreements contained in a STATEMENT OF CONDITIONS attached hereto, and made a part hereof. The mortgagors, as principals to the mortgage, the mortgagor reserved the right to prepay the whole or any part of the indebtedness without penalty. The mortgagors hereby acknowledge, the exact terms of which are on record in said Charlestown in Book 14, at page 40, said Covenants and Agreements to be binding upon the mortgagors and their heirs, executors, administrators, etc. and it is further agreed that if any default shall be made in the performance or observance of any of the same, 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, we, said mortgagors, release to the mortgagee all right of (dower/curtesy) and all other interest in the premises, hereby or otherwise, in the aforementioned premises. IN WITNESS WHEREOF, the mortgagors have executed these presents on the 16th day of May, 1960. Executed in presence of Fred Rayner ARTHUR C. BROWN LILLIAN C. BROWN INDIVIDUAL ACKNOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 16th day of May, 1960, before me personally appeared the above named ARTHUR C. BROWN and LILLIAN C. BROWN, to me known and known to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. JAMES T. DENKRON, Jr. Notary Public Received for record May 17th, A. D. 1960 at 1:01 o'clock, p. m., and recorded by [Signature] Town Clerk (Per Discharge of above mortgage see Book 40, Page 201 ) ---- STATUTORY FORM MORTGAGE DEED ARTHUR C. BROWN and LILLIAN C. BROWN, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to W. MONROE HOXSIE and ELIZABETH B. HOXSIE, husband and wife, both of said Town of Charlestown, as JOINT TENANTS, with MORTGAGE COVENANTS, to secure the payment of ONE THOUSAND FIVE HUNDRED and NO 100/100 ($1,500.00) Dollars in ten (10) years with interest at five (5%) per cent per annum, payable monthly, as provided in a certain negotiable promissory note of even date herewith. That certain parcel or tract of land situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: Beginning at an iron pipe set in the ground on the northerly side of the State Highway, commonly known as the Post Road; said point of beginning being 118.00 feet westerly of the southeasterly corner of a tract of land designated as "Philip Inchley" on that certain plat entitled, "Plan of Property ofW. Monroe Hoxsie Post Road Route U. S. 1, Charlestown, R. I.," Scale 1 inch = 40 feet Sept. 4, 1959 H. A. Emerson, Civil Engineer, Revision-