9/6/1916 · TAX COLLECTORS DEED · book 18 page 385 doc 7051

property; thence at an interior angle of 279° 15', running in a general southeasterly direction a distance of 99.67 feet; thence at an interior angle of 92° 16', running in a general north- westerly direction a distance of 105.41 feet; thence along the line of the Faxon road fence a distance of 105.41 feet; thence at an interior angle of 180° 00' running in a general northeasterly direction a distance of 112.85 feet to the first mentioned point or place of beginning; the last described course forming an interior angle of 108° 11' with the first course. Enclosed easterly by southeasterly by Town Road east, northeasterly, southeasterly and by land of Benjamin C. Gavitt, easterly, southeasterly, southeasterly, southeasterly; on the northeasterly and southeasterly by land of Lew Margaretta and Katherine North, by a southeasterly line; all other boundaries being more conveniently described as above. Being the same premises conveyed to the mortgagor by deed of Benjamin C. Gavitt, dated March 29th, 1953, and recorded in Book 87 at page 54 of the Charlestown Land Evidence Register. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE, provided, however, that publication of a notice of foreclosure sale may be made alternatively in a public newspaper published in the City of Providence, Rhode Island, or by posting a copy of the notice or notices at the front door of the premises of the mortgagor, as specified in said notice. This mortgage is also made subject to those additional covenants and agreements contained in a STATEMENT OF COVENANTS AND AGREEMENTS, a copy thereof having this day been received by the mortgagor, the receipt whereof is hereby acknowledged, the exact terms of which are on record in said Charlestown in Book 34, at page 42. Said covenants and agree- ments are incorporated herein by reference and shall be deemed to be included in this mortgage in the same manner as if incorporated into said POWER OF SALE; it shall be lawful for the Mortgagor to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for the consideration aforesaid, I, said mortgagor, covenant that I am unmarried. IN WITNESS WHEREOF, the mortgagor has executed these presents on the 20 day of July, 1961. Executed presence of Thomas Sutcliffe MARION G. Cyr STATE OF RHODE ISLAND COUNTY OF WASHINGTON INDIVIDUAL ACKNOWLEDGMENT In Westerly on the 20th day of July, 1961, before me personally appeared Marion G. Cyr to me known and known by me to be the party executing the foregoing instrument and acknowledged said instrument by her executed to be her free act and deed. DOROTHY M. Pearson Notary Public Received for record July 20th, A. D. 1961 at 2:05 o'clock, p. m., and recorded by Town Clerk DISCHARGE OF MORTGAGE Industrial National Bank of Rhode Island hereby acknowledges full payment and satisfaction of the within mortgage, recorded in the (Land Evidence) Records in the Town of Charlestown in Book 38 at page 28-29, does hereby cancel and discharge the same, and covenants to and with any 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 16th day of August, A.D. 1963. Patricia M. Crowley INDUSTRIAL NATIONAL BANK OF RHODE ISLAND (Corporate Seal) By C. Albert Salterman Manager By Lillian M. Rae Assistant Manager Received for record August 19th, A. D. 1963 at 9:50 o'clock a.m., and recorded by Town Clerk KNOW ALL MEN BY THESE PRESENTS, that We, JANET G. BROPHY and SALLEE G. CURWEN, both of Charlestown, Rhode Island, hereinafter called the "mortgagors," in consideration of TWELVE THOUSAND & 00/100 ($12,000.00) 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 mortgagors of even date herewith and bearing the serial number hereof, the following: That certain farm situate in the Town of Charlestown, County of Washington and State of Rhode Island, all with the buildings and improvements thereon, formerly called the Alvin Green Farm, bounded and described as follows:—

398 The above easement is subject to restrictions and conditions as set forth in instrument from Howard E. Thorp to the mortgagor, granting such easement, which instrument is dated July 31, 1946, reference thereby being made for a more complete description of such conditions and restrictions. EASEMENTS: The right of easement and to construct, maintain, operate and repair water pipes over and across the following described land of Charlestown Estates, Inc., located at Quonsetacut Beach in the Town of Charlestown, Rhode Island: Parcel A. An easement or right over a strip of land extending from Parcel 1 to Parcel 2 of land this day conveyed by "Charlestown Estates, Inc. to the Quonsetacut Condominium Association, said easement being ten feet in width and extending 5 feet either side of the water pipe running between the pump-house on Parcel 1 and the well which is located on Parcel 2. Parcel B. An easement or right over that parcel of land which extends south from the southerly line of said avenue, said easement being 10 feet in width and extending 5 feet either side of the center line of said pipe, over Higgins Road, between said avenue and a proposed Road, a distance of approximately 950 feet to land of Howard E. Thorp, then northerly along the easterly line of "Plat of Quonsetacut Beach lands at Quonsetacut Beach, Rhode Island, property of S. H. Davis, Leon L. Sollands, Co., to the fence line, approximately February, 1977" said plat being duly recorded in the land evidence records of said Town of Charlestown. Also the right and easement from time to time to enter upon these prem- ises for the purpose of repairing, replacing, adding to or otherwise changing said pipe lines and other equipment and to pass over and along said premises for all of the above purposes. The above easement is subject to restrictions and conditions as set forth in instrument from Howard E. Thorp to the mortgagor, granting such easement, which instrument is dated July 31, 1946, reference thereby being made for a more complete description of such conditions and restric- tions. This conveyance is made subject to a prior mortgage to Industrial Trust Company dated November 25, 1946 and recorded in the Records of Deeds of said Town of Charlestown in book 14, page 227 to 232. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, including the above-described easements, unto and to the use of said Industrial Trust Company, its successors and assigns forever. And the said mortgagor does hereby, for itself and for its successors and assigns, covenant with said Industrial Trust Company, its successors and assigns, that it is lawfully seized in fee simple of the said granted premises; that the same are free from all encum- brances except as aforesaid; that it has good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that said Industrial Trust Company, its success- ors and assigns, shall by these presents at all times hereafter peaceably have and enjoy the said premises; and that the said mortgagor will, and its successors and assigns shall, war- rant and defend the same to said Industrial Trust Company, its successors and assigns, for- ever, against the lawful claims and demands of all persons except as aforesaid; PROVIDED, NEVERTHELESS, that if the said mortgagor, or its successors or assigns, shall pay unto said Industrial Trust Company, its successors or assigns, the principal and interest of and those twenty certain promissory notes of the mortgagor, each of them date here- with, and bearing the serial number hereof, in accordance with the terms and conditions thereof, and shall also pay 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 covenants and conditions as provided herein or in the note above mentioned, then this deed, as also said promissory note, shall become and be absolute- ly void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of said sums of or said interest of or the taxes, assessments, insurance premiums or any other sum of the payment of which is hereby or by any of said notes 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 of any of said notes of this mortgage, then it shall be lawful for said Industrial Trust Company, its suc-

399 cessors or assigns, to sell, together or in parcels, all and singular the premises hereby granted or intended to be granted, or any part or parts thereof, and the benefit and equity of redemption of the said mortgagor its successors and assigns therein, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser shall be an- swerable 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 once each week for three successive weeks in some newspaper published in the said City of Providence, 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 of elsewhere as spe- cified in such notice; and in its own name or their own name or names, as the attorney or attorneys of the said mortgagor (for the trustee and presents these 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 therefrom to retain all sums hereby se- cured or required to be paid, whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interest due on the same, together with all expenses in- cident to such sale or sales, and all counsel fees and other expenses incurred or in any way expense connected with the exercise of these powers or with any proceeding or action concerning the enforcement thereof, or of any said notice, or of these presents, and all taxes, assessments, insurance premiums and expenses of repair, either therefore paid by the said industrial Trust Company, its successors or assigns, or then remaining unpaid, rendering and paying the surplus of such 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 mortgagor, its successors or assigns, which sale or sales shall forever be a perpetual bar both in law and in equity against the said mortgagor, its successors and as- signs, and all persons claiming said premises so sold by, from, under it or them, any or of them. And the said mortgagor, for itself and for its successors and assigns, hereby coven- ants with the said Industrial Trust Company, its successors and assigns, that it or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or requested. And FURTHERMORE, the said mortgagor, for itself and for its successors and assigns, for the consideration aforesaid and to further increase the security of this mortgage, does hereby covenant and agree to and with the said mortgagor, its successors and assigns, as fol- lows: 1. To pay to each son of promissory notes and sail sums of principal and interest due thereon in accordance with the terms thereof, all taxes and assessments of every nature paying or to be levied on said premises or the said mortgage, its successors and as- signs, in respect to this mortgage or mortgage indebtedness, whether under any present or future law, all premiums for insurance maintained upon said premises, all water rates and utilities and all other charges accrued or incurred on said premises. 2. To keep and maintain insurance against loss by fire and by such other hazards, casualties and contingencies, in amounts for such sums, for their periods and in such forms and in such company or companies as may be approved or other the holder of this mortgage may at any time and from time to time specify, and to file promptly when due a full policy on the premises described in the instance of insurance or insurance in case of loss to the mortgage by clauses satisfactory it to and deliver the policy to the holder of this mortgage for its own use and for the duration of the term of this mortgage for the time being here made, constituted and appointed the true and lawful attorney in fact for the said mortgagor, with full power and au- thority to sue for, compromise and collect any and all losses which may occur under any such insurance and to apply any and all sums so received in settlement of such losses, and to apply any and all sums, after deducting any expenses incurred in connection therewith, upon the indebtedness hereby secured, whether or not then due, or in reimbursement of any insurance premiums or taxes and assessments sums paid by the mortgagor, or to the cost of replacing or repairing the damaged buildings or improvements. In the event of foreclosure under this mortgage or

400 other transfer of the title to the mortgaged premises in satisfaction of the indebtedness or any part thereof secured, thereby, all right, title and interest of the mortgagor, as well as to any insurance policies, or to any refund or return of premiums or dividends thereon, shall pass to the mortgagee, and the mortgagee may surrender said policies and collect any sum due thereon, or the mortgagee may transfer its right, title and interest in said policies to any purchaser of the mortgaged property. All sums of money received by the mortgagee by way of refunds, dividends, or otherwise, shall be applied on account of the indebtedness hereby secured and any overage on said sum upon foreclosure. If the mortgagor fail to provide such insurance or to pay the premiums thereon, the mortgagee may get such insurance or pay premiums thereon, and all premiums so paid shall become a part of the indebt- edness hereby secured, bearing interest at the rate provided upon the principal indebtedness until payment thereof. 3. To keep and maintain the exterior and interior of the buildings and improve- ments on the premises described in this mortgage at all times until full pay- ment and discharge thereof, and shall keep and repair as time may require, or may hereafter be put in, and to permit said Industrial Trust Company, its successors and assigns, and its officers, servants, agents and employees, enter upon the mortgaged premises at all reasonable times to view and inspect the same. 4. That the mortgagee, its successors and assigns may pay all taxes, assessments, water rates or insurance premiums not paid by the mortgagor when due, and all of such sums shall be borne by the mortgagor and shall bear interest at the same rate of interest as the indebtedness hereby secured and together with such interest shall be a further lien upon the premises and secured by these premises. 5. That if the mortgagor 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 court, or if the mortgagor shall abandon said property, then the mortgagee of said events the mortgagee is hereby authorized and empowered at its option, without notice and without recourse to any legal treaty or on the foreclosure of said lien or any right of the mortgagee surrender to declare all sums hereby secured immediately due and payable. IN WITNESS WHEREOF, Quonocutaug Central Beach Fire District has caused its corpo- rate name and seal to be hereunto affixed by its proper officers thereunto duly authorized this 19th day of November, A. D. 1948. Signed, sealed and delivered) in presence of ) Catherine V. Broderick Olive H. Freeman QUONOCUTAUG CENTRAL BEACH FIRE DISTRICT ST William J. Wholean (Corporate Seal) Treasurer A. Wilson Barstow Clerk STATE OF RHODE ISLAND,) ) sc. County of Providence ) in Providence, on the 2nd day of December, A. D. 1948, before me personally ap- peared the above named A. Wilson Barstow, Clerk of Quonocutaug Central Beach Fire District, to me known and known by me to be one of the parties executing the foregoing instrument for and on behalf of said Quonocutaug Central Beach Fire District, and acknowledged said instru- ment, by his executed, to be his free act and deed, in said his said capacity, and the free act and deed of the said Quonocutaug Central Beach Fire District. WILLIAM R. L. BROWN (Notarial Seal) Notary Public STATE OF CONNECTICUT ) sc. COUNTY OF HARTFORD } In Hartford, on the 29th day of November, 1948, before me personally appeared William J. Wholean, Treasurer of Quonocutaug Central Beach Fire District, to me known and known by me to be one of the parties executing the foregoing instrument for and on behalf of said Quonocutaug Central Beach Fire District, and he acknowledged said instrument, by him so executed, to be his free act and deed in his said capacity, and the free act and deed of the said Quonocutaug Central Beach Fire District. CATHERINE V. BRODERICK (Notarial Seal) Notary Public My Commission expires, Apr. 1, 1949.

401 : STATE OF CONNECTICUT, SS. HARTFORD COUNTY. Raymond G. Calmer, clerk of the County of Hartford and of the Superior Court of said State, within, and for said County, which is a Court of Record, and keeper of the seal thereof, DO HEREBY CERTIFY, that Catherine V. Broderick whose name is subscribed to the certificate or proof of acknowledgment, affidavit or oath on the annex thereto instrument was the time of the signing or taking such acknowledgment, affidavit or oath, duly authorized to take or administer the same and was a Notary Public within and for said State, dwelling in said County, duly commissioned and sworn to administer such oath, and authorized by said State to administer oaths for general purposes and that affidavits and the acknowledgment of proof made by her to be recorded in this State are recognized within this State as being signed with and verily believe that the signature to the said acknowledgment or proof, affidavit or oath is genuine; and that such certificate is not required by the law of said State to be under seal. IN TESTIMONY WHEREOF, I have hereunto set my hand and the Seal of the said Superior Court at Hartford, in said County, this 29th day of November A. D. 1948. RAYMOND G. CALMER, Clerk (L. S.) Received for record December 8th, A. D. 1948 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk DISCHARGE OF MORTGAGE [Signature] Town Clerk INDUSTRIAL NATIONAL BANK of Rhode Island, having been recalled full payment and satisfaction of a certain mortgage made by Concentrating Central Bank Fire Marine and Casualty to Industrial Trust Co. dated December 2, 1938 in the amount of Ten Thousand Dollars ($10,000) Dollars and recorded in Town Conveyances of Charlestown Book No. 31 Page 159, 1948-RMC-0001001 does hereby cancel and discharge the same. And said Industrial National Bank of Rhode Island hereby covenants to and agrees to and promises to the present owner of said mortgage. ITS PRESIDNET, under Industrial National Bank of Rhode Island has caused its corporate name and seal to be hereunto affixed by its proper officer undersignedly authorized this 1st day of January, A. D. 1949. INDUSTRIAL NATIONAL BANK of Rhode Island (Corp Seal) By [Signature] THEODORE R. G. CALMER Assistant Vice President By [Signature] HERBERT L. PERRY Mortgage Officer Received for record January 5th 1949 at 11:27 o'clock, a.m., and recorded by [Signature] Deputy Town Clerk I, Emily M. Fisher, of the Town of South Kingstown, County of Washington, State of Rhode Island, for consideration paid, namely, a sum of One Dollar ($1.00) from the Town of Charlestown, County of Washington, State of Rhode Island, with QUIT-CLAIM COVENANTS (Description, and Incumbrances, if any) That certain tract or parcel of land, containing one (1) acre, more or less, situate and being in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows: Northerly, by land now or formerly of William H. Card, easterly, by a highway; southerly and westerly by land formerly of Alfred O. Healey, or however otherwise the same may be bounded or described. Said tract being known as the "Wester Lot." Meaning and intending to convey the "second tract," as described in deed from George W. Clark to Emily Fisher and her husband, dated June 26, 1945 and recorded in the Records of Land Evidence, said Town of Charlestown, in Book No. 17 at Page 261. Reference to said deed and record the grantor intends to convey the same land as a part hereof for a more complete and detailed description of the premises hereby conveyed. The consideration of this deed is such that no Revenue Stamps are required. I, Emily M. Fisher, hereby covenant that I am a widow and unmarried. WITNESS my hand this 10th day of December 1948. EMILY M. FISHER STATE OF RHODE ISLAND, ETC.) County of Washington) In South Kingstown, on the 10th day of December, 1948 before me personally appeared Emily M. Fisher, and known to me and known by me to be the party executing the foregoing Instrument, and she acknowledged said instrument, by her executed, to be her free act and deed. LEROY G. WHITFORD (Notarial Seal) Notary Public Received for record December 11th, A. D. 1948 at 3:00 o'clock p. m., and recorded by [Signature] Town Clerk