The instrument's own words
Attribution under review. The portal's file number is shared by more than one instrument, and the words below could not be placed with certainty on this one by their own evidence (page stamp, parties, dates); they may belong to a neighbouring instrument. Read them as the record of the page, not yet as this deed's own.
page 1
636
KNOW ALL MEN BY THESE PRESENTS: That We, Thomas E. Prescott and Mabel E. Prescott,
husband and wife, of Clifton, New Jersey, (hereinafter called the mortgagors) in consider-
ation of Eight Thousand ($8,000.00) Dollars, to us paid by INDUSTRIAL TRUST COMPANY, a
corporation created by the General Assembly of the State of Rhode Island, located and
transacting business in the City and County of Providence, in said State, the receipt where-
of is acknowledged, do hereby grant, bargain, sell and convey unto said Industrial Trust
Company, its successors and assigns, forever,
(Description of property)
That certain tract of land or parcel of land, with the buildings and
improvements thereon, situated on the east side of Midland Road and the
west side of Highland Road, so-called, at Quonochontaug Beach,
so-called, in the Town of Westerly, County of Washington in said State
of Rhode Island, and bounded and described as follows:-
Being Lots #290, 291, 292, 294, 295, 296, 298 and 299 in that
certain lot entitled "The Quonochontaug Highlands at Quono-
contaug Beach, Rhode Island, property of S. S. Davis, Logan
Holland, etc.", Book 125, page 157, February, 1902. Said plat-
being duly filed in the Land Evidence Records of said Town of Char-
les town, these are the same lots and parcels conveyed to these Mort-
gagors by deeds from Charlestown Estates, Inc., recorded in Book 28,
page 308, book 29, page 30, page 31 and page 610 Book 28, page 301
and also by deed from William H. Brittain, et al recorded in Book 29,
page 619 of the Land Evidence Records of said Town of Charlestown, re-
ference is made to said deeds and plats and the same are made a
part of the present deed; )
Together with the right of way to the beach and subject to the
building restrictions mentioned in said deeds.
TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and
to the use of said Industrial Trust Company, its successors and assigns forever.
And the said mortgagors do hereby, for themselves and for their heirs, executors,
administrators, and assigns, covenant with said Industrial Trust Company, its successors
and assigns, that they are lawfully seized in fee simple of the said granted premises; that
the same are free from all encumbrances, except as aforesaid; that they have good right,
full power and lawful authority to sell and convey the same in manner as aforesaid; that
said Industrial Trust Company, its successors and assigns, shall by these presents at all
times hereafter peaceably have and enjoy the said premises; and that the said mortgagors
will, to their heirs, executors, administrators, and assigns shall, warrant and defend
the same to said Industrial Trust Company, its successors and assigns, forever, against the
lawful claims and demands of all persons.
And for the consideration aforesaid we, Thomas E. Prescott and Mabel E. Prescott
husband and wife, do hereby release all and our right of curtesy and dower, respectively,
and all other right, statutory or otherwise, in and to the said granted premises unto said
Industrial Trust Company, its successors or assigns, forever.
PROVIDED, NEVERTHELESS, that if the said mortgagors, or their heirs, executors,
administrators, or assigns, shall pay unto said Industrial Trust Company, its successors or
assigns, the principal and interest of a certain promissory note of the mortgagors of even
date herewith, and bearing the serial number hereof, in accordance with the terms and con-
ditions thereof, and shall also pay all taxes, assessments, insurance premiums and other
sums, the payment of which are hereby required or secured, and as when the same become due
and payable, and shall perform all other covenant and conditions as provided herein or in
the note above mentioned, then this deed does, as also said promissory note, shall become and be
absolutely void to all intents and purposes whatsoever.
BUT IF DEFAULT shall be made in the payment of said sums or of said interest or of
the taxes, assessments, insurance premiums or any other sum of money the payment of which
is hereby or by said note required or secured, or of any part thereof, at the time or times
when due, or if breach shall be made of any term, covenant or condition said note or of
this mortgage, then it shall be lawful for said Industrial Trust Company, its successors or
assigns, to sell, together or in parcels, all and singular the premises hereby granted or
page 2
intended to be granted, or any part or parts thereof, and the benefit and equity of redemption
of the said mortgagors 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 successive weeks in some
newspaper having a circulation in said Town of Charleston, with power to adjourn such sale from
time to time; provided that if such adjournment be for one week or more the publication of such
notice shall be continued, together with notice of any 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 own or their own name or names, or as the attorneys 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 a good and sufficient deed or deeds, in fee simple, of the premises sold; and to
receive the purchase moneys and power to retain from all sums hereby secured or required to be
paid whether then due or to fall due thereafter, or the part thereof remaining unpaid, and
also the interest due on the same, together with all expenses incident to such sale or sales, and
all counsel fees and other expenses incurred in or any way connected with the exercise of these
powers or with any proceeding or action concerning the enforcement thereof, or of said note, or
of these presents, and all taxes, assessments, insurance premiums and expenses of repairs, either
therebefore paid by the said Industrial Trust Company, its successors or assigns, or then remaining
unpaid, and rendering to pay the surplus of said purchase moneys, if any there be, over and above
the amount so 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 administra-
tors or assigns, shall forever be a perpetual bar both in law and in equity
against the said mortgagors, their heirs, executors, administrators, and assigns, and all persons
claiming said premises so sold by, from or under them or any of them.
And the said mortgagors, for themselves and for their heirs, executors, administrators,
and assigns, hereby covenant with the said Industrial Trust Company, its successors and assigns,
that they will upon request execute such deeds or deeds confirmatory of such sale or sales as may
be necessary or requested.
And FURTHERMORE, the said mortgagors, for themselves and for their heirs, executors,
administrators, and assigns, for the consideration aforesaid and to further increase the security
of this mortgage, do hereby covenant and agree to and with the said mortgagee, its successors
and assigns, as follows:
1. To pay promptly hereunto and sole and all sums of principal and interest due thereon in
accordance with the tenor thereof, all taxes and assessments of every nature levied
or to be levied prior to the full payment and discharge of said note upon said prem-
ises or upon the income therefrom, and all other charges and expenses in respect of which they
or mortgage indebtedness, whether under any present or future law, all premiums for
insurance maintained upon said premises, and all water rates and other expenses hereby
served as herein provided;
2. To keep and maintain insurance against loss fire and by such other hazards, casualties
and contingencies, in such amounts, for such periods, in such form and in such company
or companies as the mortgagee may from time to time require or as may be reasonably required
from time to time to specify, and to pay promptly when due all premiums on such insurance;
to make all said policies payable to the mortgagee or mortgagees to the extent of the loan
satisfactory to it and to deliver the policies to the mortgagee; and said Industrial
Trust Company or its successors and assigns shall be entitled and authorized to be
constituted and appointed the trustee and the lawful attorney irrevocable of the mortgagors to
demand, adjust, settle and compromise any claim or claims for loss or damage occurring under
such insurance and to give releases for and any all sums received in settlement of
such loss and damage and to apply such insurance proceeds in the payment of the note,
unless the indebtedness be increased hereby, whether or not then due, or in reimburse-
ment for any loss, damage or expense incurred by the mortgagee in the protection of the property
or to the cost of replacing or repairing the damaged buildings or improvements. In the
event of foreclosure under this mortgage or any other transfer of the title to the mortgag-
ee or its successors and assigns, the insurance policies or any refund or return of
right, title and interest of the mortgagors in and to any insurance policies, or to any ref-
und or return of any premiums paid thereon, shall in so far as may be possible vest in
mortgage may surrender said policies and collect any sum dues thereon, or, may at its
option, transfer its interest in said policies and any sums due thereon, or any refund,
to any purchaser of the mortgaged property; provided that my sums received on said pol-
icies by way of refunds, dividends, or otherwise, shall be applied on account of the
page 3
638
indebtedness hereby secured and any surplus paid over as a surplus on fore-
closure. If the mortgagors fail to provide such insurance or to pay the
premiums thereon, the mortgagee may effect such insurance or pay the premiums
thereon, and all premiums so paid shall become a part of the indebtedness
secured hereby, and shall bear interest at the rate provided upon the principal
indebtedness until payment thereof.
3. To keep and maintain in the exterior and interior of the buildings and improvements
on the premises described in this mortgage at all times until full payment
and discharge hereby had in good and substantial repair as the same now are or may
hereby be put in, and to permit the officers, agents, servants of Trust Company, its
assigns, and its successors, and their officers, agents and servants, to enter upon the
way, streets, premises and buildings to view and inspect same periodically.
4. That the mortgagee, its successors and assigns, may pay all taxes, assessments,
water rates or insurance premiums not paid by the mortgagors when due, and all of
such sums so paid shall bear interest at the rate specified above and shall be added
to the principal of the indebtedness hereby secured and shall bear interest at the same
rate as said principal indebtedness, and any sum so paid with such interest shall be a
further lien upon the premises and secured by this mortgage.
5. That if the mortgagors be declared bankrupt or insolvent or make an assignment for
the benefit of any creditor or be placed under control of or in custody of any
trustee, court, or if the mortgagors shall alienate the property, then in any of such
events the mortgagee is hereby authorized and empowered at its option, without
notice and without any further action, to declare the whole of the priority, security or lien
or any right of the mortgagee hereunder to declare all sums secured hereby immediate
due and payable.
IN WITNESS WHEREOF, the said mortgagors have hereunto set their hands and seals this
7th day of January, A. D. one thousand nine hundred Forty-eight.
Signed, sealed and delivered in
presence of
Marion Esposito
George Jaeger
MABEL E. PRESCOTT
THOMAS E. PRESCOTT
STATE OF NEW JERSEY }
}
County of Passaic }
In Passaic, N. J., on the 7th day of January, A. D. 1948 before me personally ap-
peared the above named Thomas E. Prescott, and Mabel E. Prescott, 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, by them executed, to be their free act and deed.
JANET E. BOUMAN (Notarial Seal)
Notary Public
Notary Public of New Jersey
My Commission expires February 15, 1948.
COUNTY OF PASSAIC, } ss.
STATE OF NEW JERSEY, }
I, ROBERT P. JONES, Clerk of said County and also Clerk of the County Courts, thereof,
the same being Court of Sayes, do hereby certify that Janet E. Bouman whose name is sub-
scribed to the certificate of the proof or acknowledgment of the annexed instrument, in writing
and endorsed thereon, was at the time of the said acknowledgment a Notary Public of the
State of New Jersey and in for said county, Dwelling in said County, duly commissioned and sworn
and authorized to take acknowledgments in said State for said county, and proofs of wills,
conveyances, for lands, tenements or hereditaments to be recorded in said State of New Jersey,
and that all such seals and signatures are the true seals and signatures of said Janet E. Bouman and verily
believe that the signature to the said Certificate of proof or acknowledgment or the seal of gov-
ernment or the seal of office or seal of said person who took said acknowledgment or proof is not
required by law to be filed with me.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said
Courts and County, at Paterson, this 7th day of January A. D., 1948.
(L. S.)
99533
FLOYD E. JONES, Clerk
By Catherine M. Boyer
Acting Deputy Clerk
Received for record January 9th, A. D. 1948 at 9:00 o'clock a. m., and recorded by
[Signature]
Industrial Trust Company, having received full payment and satisfaction of the Within Mortgage,
does hereby cancel and discharge the same.
IN TESTIMONY WHEREOF said Company has caused these Presents to be signed and its Corporate
seal to be thereto instrument affixed by its Manager and Assistant Manager duly authorized, this 29th
day of January A. D. 1951.
Signed and sealed in presence of
Ethel S. Sidebottom
INDUSTRIAL TRUST COMPANY (Corporate Seal)
By Kiran Kendall, Manager
Thomas Tuttle, Asst. Manager
Received for record February 6th, A. D. 1951 at 9:05 o'clock a. m., and recorded by
[Signature] Town Clerk