4/21/1961 · DEED · book 37 page 567 doc 6897@37/567

567 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 public newspaper published in the city of Providence, and such a foreclosure sale may be held upon the premises or elsewhere at the time and place of the mortgage, as specified in said notice. This mortgage is made subject to those additional covenants and agreements contained in a document of COVENANTS AND AGREEMENTS, a copy thereof attached herein this day being delivered to the mortgagor in the annex hereto and recorded in the Charlestown land evidence records in Book 37, at page 40, said covenants and agreements, the same being referred to and incorporated herein by reference. If default shall be made in any performance or observance of any of said covenants, the mortgagee 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 rights, statutory or otherwise, in the aforementioned premises. And for the consideration aforesaid, we, said mortgagors, release to the mortgagee all right of (dower)&(curtesy) and all other rights, statutory or otherwise, in the aforementioned premises. IN WITNESS WHEREOF, the mortgagors have executed these presents on the 19th day of April, 1961. Executed in presence of Donald L. Friend LOUIS S. GRAYCHEN BESSIE W. GRAYCHEN INDIVIDUAL ACKNOWLEDGEMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON On December 19th the 10th day of April, 1961, appeared before me personally the above named Louis S. GRAYCHEN and BESSIE W. GRAYCHEN, to me known and by me to be the parties executing the foregoing Instrument and acknowledge said instrument by them executed to be their free act and deed. DONALD L. FRIEND Notary Public Received for record April 21st, A. D. 1961 at 9:26 o'clock, a. m., and recorded by [Signature] Town Clerk DISCHARGE OF MORTGAGE Industrial National Bank of Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the (Land Evidence)(Real Estate Mortgages) Records in the "Town of Charlestown in Book 37, at page 565 dated November 23rd 1952 hereby does discharge the same, and covenants to and with the person making said payment that it is the present owner of said mortgage. IN TESTIMONY WHEREOF, said Industrial National Bank of Rhode Island has caused these presents to be signed and its corporate seal to be hereunto affixed by its proper officers or representatives thereunto duly authorized, this 20 day of November A. D. 1962. INDUSTRIAL NATIONAL BANK OF RHODE ISLAND (Corporate Seal) By C. [?] [?] Manager By Fred Raymon Assistant Manager Received for record November 23rd, A. D. 1962 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That We, HIRAM KENDALL, Jr. AND MARGUERITE C. KENDALL, husband and wife, of Westerly, Rhode Island, for consideration paid, grant to VIRGIL T. FOSTER and CONSTANCE M. FOSTER, husband and wife, of Charlestown, Rhode Island, as joint tenants with the right of survivorship and not as tenants in common, with WARRANTY COVENANTS— 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: beginning at a point in the northerly line of Columbia Heights Road, said point being marked by an iron pipe and being the southeasterly corner of the tract herein described and the southeasterly corner of the "Columbia Heights" subdivision, the same being more fully described in a plan entitled "The Columbia Heights Plan No. 1, Columbia Heights, Charlestown, R.I., Scale 1 inch equals 50 feet, July 16, 1939," R.I. Emerson, Co. filed in the Charlestown land evidence records in Book 23, page 114, running thence easterly along said northerly line of Columbia Heights Road, a distance of 176.90 feet to an iron pipe thence south 15 degrees 30 minutes east, a distance of 111.00 feet to an iron pipe, thence turning at an interior angle south 21 degrees 13 minutes east, a distance of 111.41 feet to an iron pipe, thence turning an interior angle north 78 degrees 12 minutes east running a distance of 111.00 feet to an iron pipe, thence running southerly bounded hereunto by Lot 14 of said subdivision, a distance of 111.01 feet to an iron pipe, and running southerly bounded hereunto by easterly line of Roman Catholic Bishop of Providence, a distance of 100.00 feet to the point of beginning of the first described course, making an interior angle. The above described premises being known as delimited and said Lot No. 13 on said plat. Being the same premises conveyed to the grantors by deed of The Realco Realty Corporation, recorded in the Charlestown land evidence records in Book 23, page 114. TOGETHER with the right to use the roads as shown on said plat and the right of way known as Columbia Heights Road in common with others, for the purpose of travel to and from said premises and the public Highway known as the Shamrock Road.

568 TOGETHER with the right to use water for domestic purposes only from the present water supply system in common with others in accordance with the terms and conditions set forth in deed from Columbus Barber Powder Factory Company to The Palmer Realty Corporation, dated March 18th, 1899 and recorded in Book 36, at page 542 of said records, upon condition that the grantees, their heirs and assigns hereby covenant and agree to observe and perform all of the provisions and obligations set forth in the said deed in so far as, and to the extent that the said provisions and obligations affect the premises above described. This conveyance is also made SUBJECT to the conditions that said premises be used for private residential purposes only and that no business of any nature be conducted thereon, and to taxes assessed by the Town of Charlestown on December 31st, 1960. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 20th day of April 1961. HIRAM KENDALL, JR. MARGUERITE C. KENDALL (DOCUMENTARY STAMPS, $9.35) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 20th day of April 1961, before me personally appeared HIRAM KENDALL, JR. and MARGUERITE C. KENDALL, to me known and known by me to be the persons executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. RUSSELL A. LINTHIUN Notary Public Received for record April 21st, A. D. 1961 at 4:01 o'clock, p. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, VIRGIL T. FOSTER and CONSTANCE M. FOSTER, husband and wife, of Charlestown, Rhode Island, hereinafter called the "mortgagors," in consideration of Five Thousand Six Hundred & 00/100 ($5,600.00) Dollars, to us 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 mortgagee of even date herewith and bearing the serial number herebelow, the following: That certain lot 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, being shown and delineated on a plat map of the said Town, entitled "Plat number 412, Section 1, Corporation Plan, Prov. No. 1, Columbia Heights, Charlestown, R. I., Scale 1 inch equals 50 feet, July 16, 1939," it being a part of the land conveyed to the mortgagors in the Charlestown Land Evidence Records, to which plat reference is made by description in said note. Being the same premises conveyed to the mortgagors by deed of Hiram Kendall, Jr. et ux, recorded in the Charlestown Land Evidence Records; TOGETHER with the rights and privileges set forth in said conveyance contained therein. This mortgage is made upon the STATUTORY CONDITIONS with the exception of POWER OF SALE provided, however, that a publication of notice of a foreclosure sale may be made alternatively in a public newspaper published in the City of Providence, R. I. and that a foreclosure sale may be held upon the premises or elsewhere at the option of the mortgagee, as is specified in said note. This mortgage is made subject to those additional presents and agreements contained in a STATUTORY DEED OF CONVEYANCE and MORTGAGE, the original of which shall be deposited by the mortgagors with the mortgagee, whereby it is hereby acknowledged, the exact terms of which are on record in said Book and Page Citations, and Sale conditions and terms of payment, and the covenants in that part of this mortgage, and if default shall be made in the performance or observance of any same of the, it shall be lawful for the mortgagee to sell the above described premises at public auction on May 21st, 2012. And for the consideration aforesaid we, said mortgagors, release to the mortgagee all right of (dover) [?] (curteny) and all other rights, statutory or otherwise, in the aforementioned premises. IN WITNESS WHEREOF, the mortgagors have executed these presents on the 21st day of April, 1961. VIRGIL T. FOSTER CONSTANCE M. FOSTER Executed in presence of John D. DiCartonio