4/12/1915 · MORTGAGE · book 18 page 205 doc 6952

205 name to the said Grantee and his heirs and assigns forever against the lawful claims and demands of all persons. And for the consideration aforesaid I, Elizabeth H Kelly wife of said John H Kelly do hereby release quit my right of sewer on and to the said granted premises with the said Grantee and his heirs and assigns forever. In witness whereof, we have hereunto set our hands and seals this 9th day of April in the year of our Lord one thousand nine hundred and fifteen Signed and sealed in presence of George G. Lowe [Signature] John H Kelly [Seal] Elizabeth H Kelly [Seal] State of Rhode Island County of Washington In Charlestown on the 9th day of April AD 1915 before me personally appeared John H Kelly and Elizabeth H Kelly husband and wife each to me known and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument by their executed to be their free act and deed. George G. Lowe [Signature] Notary Public Received for record April 10 1915 at 12 oclock M. and recorded by George G. Lowe Town Clerk --- To Know All Men by these presents That I, Eva A. Lowe, wife of William Cotteny of the Town of Charlestown in the County of Washington and State of Rhode Island for and in consideration of the sum of One Hundred dollars in hand before the sealing hereof well and truly paid by the Providence Institution for Savings a corporation created by the General Assembly of the State of Rhode Island and located and incorporating business in South Kingstown in said State the receipt whereof I do hereby acknowledge and am therewith fully satisfied contented and paid have given granted bargained sold conveyed and confirmed and by this present do freely fully and absolutely give grant

206 bargain, sell, alien, convey and confirm unto the said Wakefield Institution for Savings, its successors and assigns forever, a certain lot vicinity of and situated in said town of Charlestown, containing by estimation twelve acres more or less with a dwelling house, barn and other improvements thereon standing and being bounded and described as follows, viz: beginning at the Northeast corner of said dwelling house boundary running easterly say one hundred or few way of Henrietta G owny to end of a fence there from thence boundary running southerly say one hundred ft said fence to the highway, thence boundary running southeasterly say forty ft said highway to end of said boundary, thence westerly boundary say eighty ft on said church land to the place of beginning or however said lot bounded being the southern part which said lot was bought by me from had from William A. Berry, said October 18th 1857 and recorded in the town Evidence record of land transactions in Book No 13 page 400, said land and its regard being fully referred to and made part hereof for more accurate description of the fully conveyed premises together with the right to the use of the well on the North side of said premises and running to Henrietta G Perry and her heirs and assigns a way of way over said premises near the East side from said Henrietta G Perry land to said highway. To have had and to hold the said granted and bargained premises with all privileges and appurtenances to the same belonging, or in any wise appertaining to the said Wakefield Institution for Savings, its successors and assigns forever, to it and their own proper use, benefit and behoof forever, and I the said W. A. Berry for me and my heirs, executors, and administrators do hereby covenant promise and agree to and with said Wakefield Institution for Savings its successors and assigns that at all times and before the executing hereof I am the true, sole and lawful owner of the above bargained premises and am fully seized and possessed of the same in my own proper right and good perfect and absolute estate of inheritance in fee simple, and have in me good right full power lawful authority to grant bargain sell alien convey and confirm the said bargained premises in manner as aforesaid, and that the said Wakefield Institution for Savings, its successors and assigns shall have from time to time and at all times hereafter by force and virtue of these presents lawfully peaceably and quietly have hold, use occupy possess and enjoy the said described and bargained premises with all the appurtenances

Thereof, free and clear, and hereby and clearly acquitted, quieted and discharged of and from all and all manner of former grants, grants, bargains, sales, leases, mortgages, wills, bequests, jointures, doweries, encumbrances, judgments, executions and encumbrances of every name or nature whatsoever that might acquire a root in any measure or degree affect, upset or make void the present deed. Furthermore I said Ira H Berry for me and my heirs, heirs, executors and administrators do covenant and agree the above derived and granted premises to the said Wakefield institution for Savings, its successors and assigns, against the lawful claims or demands of any and all persons whatsoever to warrant, secure and defend the same. and I William Cotton husband of said Ira Berry in consideration of the sum paid as aforesaid, by hereby release and forever quit claim to said Wakefield Institution for Savings its successors and assigns, all my right Tenancy by the courtesy in and to the premises cited and granted premises, The condition of this deed is and shall be that whereas the said Ira H Berry has made, signed and executed her certain negotiable promissory notes in the sum of four hundred ($400) dollars bearing will be seventh and more payable to the said Wakefield Institution for Savings or some twelve months after date with interest to the rate of six per cent per annum payable semi annually in advance, till said principal sum is paid, whether at or after maturity, and all installments of interest in order to carry always at the same rate till paid. Now therefore of the said Ira H Berry or her heirs, executors or administrators shall well and truly pay said note at maturity according to the terms thereof and all interest thereon when or at the time it become payable and shall also well and truly pay to the Wakefield Institution for Savings its successors and assigns and whosoever may be the lawful owner of the same, any and all notes made or given by the said Ira Berry at any time, and from time to time, to said Wakefield Institution for Savings its successors and assigns, or renewal of said note, or any part thereof, and whether including interest on any former note or notes or not, and shall place all at all times secure and pay to said Wakefield Institution for Savings, its successors and assigns, and indemnify and save it, and them harmless against all losses, costs, damages and expenses of every kind, including counsel

208 fees and charges incurred, suffered or in any way sustaining by said Wakefield Institution for Savings, its successors and assigns, now, for or on account of all or any of said promissory notes, when or about the collection of the same, or of the debt thereby secured, than this deed shall be void, otherwise shall be and remain in full force and effect. Further moreover it is hereby expressly agreed by and between the parties hereto, their heirs and their assigns including executors, administrators, successors and assigns, as follows, namely that we the said Joanna B Bay and William Betts do hereby constitute and appoint the said Wakefield Institution for Savings, its successors and assigns, our true and lawful attorney irrevocably with full power of substitution and revocation from time to time for us and in our names or in the name of said Wakefield Institution for Savings, its successors and assigns, at any time in case default shall be made in the payment of said note, or of any interest accruing at any time according hereon or of any tax on it or taxes upon it or renewal thereof, or of any part thereof, or of any debt hereby secured, and such default shall continue for the term of (3) months, to sell at public auction the premises described or any part or portion thereof, and at one or more sales as it shall see, and whatever any default in making payment hereby secured, shall occur said Wakefield Institution for Savings, its successors and assigns shall give after the expiration of the said term of three months, timely notice of any such sale in some public newspaper published in said Washington County, hereby authorizing and granting to said Wakefield Institution for Savings, its successors and assigns, full power to continue or determine any such sale from time to time, and in our names or in its or that name to make, execute, seal, acknowledge and deliver to the purchaser or purchasers thereof, any deed or deeds that may be necessary to vest in such purchaser or purchasers full and absolute title in fee simple therein and on any such sale thereof, we as obligors as well as attorneys agree to receive the amount the same may be sold for, and after the pay- ment of all the expenses in connection with such sale or sales, to apply and appropriate the residue thereof to the payment of principal and interest of said note and debt hereby secured, and to the payment of all costs, charges damages and expenses including counsel fees, which said Wakefield Institution for Savings

its successors or assigns, may recover, suffer, or as he shall think fit, on my account of said note or debt, or in or out the collection of the same accounting to said Ira A Berry her heirs or assigns, for all time over and above the amount hereof we hereby ratifying, approving and confirming such act or will as may be made or caused to be made by writ of fieri facias Further more I the said Ira A Berry for myself and for my heirs executors administrators and assigns do hereby covenant and with the said Wakefield Institution for Savings its successors and assigns that premises insured against its by fire shall be kept and at all times maintained as my cost and expense cost and expense upon the buildings on the premises aforesaid in case sum not less than four hundred dollars and that the policy or policies of such insurance shall be duly assigned and transferred over to the said Wakefield Institution for Savings its successors and assigns as collateral security next for all debts and costs hereby secured and in default thereof I or my heirs as well and authorize the said Wakefield Institution for Savings its successors and assigns to procure and effect and maintain such insurance and the premiums or premiums paid upon there and the cost and expense incident to the same shall constitute and be a further lien upon said estate earned to the debt hereby secured and to be paid out of the proceeds of said estate either conveyed by sale or otherwise In witness whereof we have hereunto set our hands and seals this 4 day of April in the year of our lord nineteen hundred and fifteen Signed sealed and delivered in presence of George La Conse Ira A. Berry L.S. William A. Berry L.S. State of Rhode Island County of Washington In Colchester on this 4 day of April AD 1915 before me personally appeared Ira A Berry and William A Berry each to me known and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument by them executed to be their free act and deed George La Conse Notary Public Received for record April 12 1915 at 9.30 o'clock A.M and recorded by George C. Conse Town Clerk For transfer of deed mortgage see Book 22 page 484