4/21/1961 · MORTGAGE · book 37 page 568 doc 6898@37/568

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 Faline 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 herein conveyed. 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. NISSAN 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 NISSAN 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. LINTHCUM 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 identified as lot number 1, in a plat entitled "Westerly-Charlestown Corporation, Plat No. 1, Columbia Heights, Charlestown, R. I., Scale 1 inch equals 50 feet, July 16, 1939," and recorded in the land evidence records of the Charlestown Land Evidence Records, to which plat reference is hereby made and specified in said note. Being the same premises conveyed to the mortgagors by deed of Nissan Kendall, Jr. et ux, recorded in the Charlestown Land Evidence Records; TOGETHER with the rights and privileges set forth in said conditions contained therein. This mortgage is made upon the STATUTORY CONDITIONS with the exception of the 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, Rhode Island, and that a foreclosure sale may be held upon the premises or elsewhere at the option of the mortgagee, as specified in said note. This mortgage is made subject to those additional presents and agreements contained in a STATEMENT OF CONDITIONS AND RESERVATIONS, a copy of which was delivered to the mortgagors before the execution of this mortgage, whereby it is hereby acknowledged, the exact terms of which are on record in said Town in Book 37, page 568, and said Statement of Conditions and Reservations is hereby incorporated into this part of this mortgage, and if default shall be made in the performance or observance of any same of the same, it shall be lawful for the mortgagee to sell the above described premises pursuant to R. I. Gen. Laws @ 34-12. And for the consideration aforesaid we, said mortgagors, release to the mortgagee all right of dower(s)(curtesy) and all other rights, statutory or otherwise, in the aforesaid 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. Di cartridges

569 INDIVIDUAL ACKNOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 21st day of April, 1961, before me personally appeared the above named VIRGIL T. FOSTER and CONSTANCE M. FOSTER, to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. HAROLD B. SOLOWITZIEK Notary Public Received for record April 21st, A. D. 1961 at 4:02 o'clock, p. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE Industrial National Bank of Providence Island, having received full payment and satisfaction of the within mortgage, recorded in the (Land Evidence) Records in the Town of Charlestown, in Book 37 at page 568-569 does hereby cancel and 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 Providence 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 25th day of September A. D. 1964. Patricia M. Crowley (Corporate Seal) INDUSTRIAL NATIONAL BANK OF RHODE ISLAND By E. D. [?] C. Albert S. Mander, Secretary By Robert L. Bender Robert L. Bender, Official Assistant Received for record September 28th, A.D. 1964 at 9:00 o'clock, a. m. and recorded by [Signature] Town Clerk ---- MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, That we, VIRGIL T. FOSTER and CONSTANCE M. FOSTER, husband and wife, of Charlestown, Rhode Island, for consideration paid, grant to THE BALBO REALTY CORPORATION, a corporation duly organized and existing under the laws of the State of Connecticut, having a place of business in the Town of Westerly, Rhode Island, with MORTGAGE COVENANTS, to secure the payment of TWO THOUSAND NINE HUNDRED EIGHTY & 00/100 ($2,980.00), Dollars payable as provided in a certain negotiable promissory note of even date hereinafter described. (Description, and Incumbrances, if any) 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, being shown and delineated as Lot number Fourteen (14) on a certain Plat map made by Henry G. Converse, of 12 Columbia Heights, Charlestown, R. I., Scale 1 inch equals 50 feet, July 16, 1959, n. R. Emerson, Civil Engineer", recorded in the Charlestown Land Evidence Records, to which plat reference is hereby made and incorporated. Being the same premises conveyed to the mortgagors by deed of Mira Kendall, Jr., et ux, recorded in the Charlestown Land Evidence Records; TOGETHER with the rights and SUBJECT to the conditions contained therein. This mortgage is made SUBJECT to a prior mortgage of record to the Industrial National Bank of Providence. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. WITNESS our hands this 21st day of April 1961. VIRGIL T. FOSTER CONSTANCE M. FOSTER In presence of: Harold B. Solowitziek STATE OF RHODE ISLAND, etc.) County of Washington( In Westerly on the 21st day of April, 1961, before me personally appeared VIRGIL T. FOSTER and CONSTANCE M. FOSTER, to me known and known by me to be the parties executing the foregoing instrument, and they personally acknowledged said instrument, by them executed, to be their free act and deed. HAROLD B. SOLOWITZIEK Notary Public Received for record April 21st, A. D. 1961 at 4:03 o'clock, p. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE The undersigned, having received full payment and satisfaction of the within mortgage recorded in the Land Evidence of Charlestown in the State of Rhode Island in Book 37 page 569 does hereby cancel and discharge the same. And the undersigned covenants to and with the payer that it is the present owner of said mortgage. In testimony whereof said corporation has caused these presents to be signed and its corporate seal to be hereunto affixed by its proper officers duly authorized, this 25th day of September, 1964. THE BALBO REALTY CORPORATION (Corporate Seal) Russell A. Lenihan Pres. & Treas. Received for record September 28th, A. D. 1964 at 9:01 o'clock, a. m., and recorded by [Signature] Town Clerk