4/26/1918 · DEED · book 19 page 43 doc 7160

114 MORTGAGE DEED We, CHARLES HUBER BUTTON and ERNA BELLE BUTTON, of the Town of Charlestown, County of Washington and State of Rhode Island for consideration paid, grant to OTTO HOELZEL of Hellow Falls, Vermont with MORTGAGE COVENANTS, to secure the payment of Five Thousand Dollars ($5,000.00) Dollars in . . . . . years with interest at Four (4%) per centum per annum, payable as provided in a certain receivable promissory note of even date herewith. (Description, and Incumbrances, and any) A certain parcel of land of one acre, together with all buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: Lot No. 177 as shown and delineated on a certain map now as entitled, "Plot of Quonochontaug Hills at Cononutaug Reach," i.e., property of S. H. Davis, Town Hall, R.I., dated June 13, 1955, and certified February, 1956, said plot being duly filed in the Land Evidence Records of said Town of Charlestown. Before the same premises conveyed to Charles Huber Button and Erna Belle Button by Charlestown Trust, Book 12, Page 153, and duly filed July 2, 1954, recorded in the Land Evidence Records of the Town of Charlestown, R.I. in book No. 34 at page 427. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWERS OF SALE. We, Charles Huber Button and Erna Belle Button our husband and wife the mortgagors release to the mort- gagee all our right of curtesy and dower and all other interest in the aforesaid premises. Witness our hands this Third day of August 1961. WITNESS our hand this Third day of August 1961. Natale Urso CHARLES HUBER BUTTON ERNA BELLE BUTTON STATE OF RHODE ISLAND, ETC.) } County of Washington } I, Westerly on the third day of August, 1961 before me personally appeared Charles Huber Button and Erna Belle Button to me known and by me to be the parties executing the foregoing instrument, and they acknowledged signed instrument, by them executed, to be their free act and deed. NATALE URSO Notary Public Notary Public Received for record September 28th, A. D. 1961 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk (For Assignment of Above Mortgage see Book 10, Page 128.) I, OTTO HOELZEL, now or formerly of Hellow Falls, Vermont, holder of a mortgage by CHARLES HUBER BUTTON and ERNA BELLE BUTTON to myself, the said OTTO HOELZEL, dated August 1, 1961 recorded in the Records of Deeds in the Town of Charlestown, Rhode Island, in book No. 38, at page 11, for consideration said, assign said mortgage and the note and claim secured thereby to PAT Q. HOELZEL, of Stonington, Connecticut, WITNESS my hand this 16 day of December, 1964. In presence of: O Alamillo OTTO HOELZEL Otto Hoelzel STATE OF California County of Los Angeles In Los Angeles on the 16 day of December, A. D. 1964, before me personally appeared OTTO HOELZEL to me known and by me to be the party executing the foregoing instrument, and acknowledged signed instrument, by him executed, to be his free act and deed. OFELIA ALAMILLO Notary Public My Commission Expires July 18, 1966 (Seal)

to be so insured, one-twelfth (1/12) of the annual mortgage insurance premium for the purpose of putting the Mortgagee in funds with which to discharge the obligation to remit to the Federal Housing Commissioner or to mortgage insurance premiums pursuant to the applicable provisions of the National Housing Act, as amended, and Regulations thereunder. The Mortgagee shall, as a condition to the obligation of the Mortgagee to make insurance premiums, credit to the account of the Mortgagor all payments made under the provisions of this paragraph whereby the Mortgagee has not become obligated to pay to the Federal Housing Commissioner; (b) A sum equal to the ground rents, if any, and the taxes and special assess- ments due next on the property, including accruals, and any interest, plus the premiums that will become due and payable on policies of fire and other hazard insurance on the premises covered hereby (all as estimated by the Mortgagee less any sums already paid by the Mortgagor) divided by the number of months to elapse before 1 month prior to the date when such ground rents, premiums, taxes and special assessments become due and payable, to be held in an account established to trust to pay said ground rents, premiums, taxes and special assessments, before any insurance loss becomes occurrent; (c) All payments mentioned in the two preceding subsections of this paragraph and all payments to be made under the note secured hereby shall be made together and with the priority set forth below. All such payments shall be paid by the Mortgagor each month in a single payment to be applied by the Mortgagee to the Following items in the order set forth hereins: (I) premiums charge under the contract of insurance with the Federal Housing Commissioner; (II) Taxes, special assessments, fire and other hazard insurance premiums; (III) interest on the note secured hereby; and (IV) amortization of the principal said of the note. Any deficiency in the amount of such aggregate monthly payment shall, unless made prior to the date of the month before the due date of the next such payment, constitute an event of default under this mortgage. The Mortgagee may apply to such deficiency any sum in the escrow account (a) (i) of each) payment more than fifteen (15) days in arrears to cover the extra expense involved in handling delinquent payments. 3. If that part of the payments made by the Mortgagor under (b) of paragraph 2 preceding shall exceed the amount of payments actually made by the Mortgagee for taxes or assessments or insurance premiums, the case may be, such excess shall be credited to the Mortgagor as additional payments to be applied to the principal of the note. Any monthly payments made by the Mortgagor under (b) of paragraph 2 preceding shall not be sufficient to pay taxes and insurance premiums before the date when they are due and payable, the Mortgagor shall pay to the Mortgagee any amount necessary to make up the deficiency, on or before the date when payments of such taxes and insurance premiums become due and payable. If the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, full payment of all sums due on the note, including accrued interest, and tender to the Mortgagee the amount of such indebtedness, to credit to the account of the Mortgagor all payments made under the provisions of (a) of paragraph 2 preceding, and any sums which the Mortgagee has paid to the Federal Housing Commissioner, and any balance remaining in the funds accumulated under the provisions of (b) of paragraph 2 preceding, the Mortgagee shall release the lien of this mortgage resulting in a public sale of the premises covered hereby, or of the Mortgagee acquiring the title to the premises by foreclosure, deed in lieu of foreclosure or other such proceedings, or in the event that the property is otherwise acquired, the balance then remaining in the funds accumulated under (b) of paragraph 2 preceding, as a credit against the amount of principal then due on the note, and any other sums which the Mortgagor has made payments which shall have been made under (a) of paragraph 2. 4. That the Mortgagor will keep the improvements now existing or hereafter erected on the mortgage premises insured at all times and in such amounts from time to time by the Mortgagee against loss by fire and other hazards, casualties, and contingencies, including tow damage, in such amounts and for such periods as the Mortgagee shall require. Such insurance shall be paid as a premium for insurance, provision for payment of which has not been heretofore made. All insurance shall be carried in reputable insurance companies, approved by the Mortgagee, and the policies shall be held by and in after acceptance told therefore loss payable clause in favor of and in form acceptable to the Mortgagee. If insurance is voided or cancelled, notice of cancellation or termination shall be made proof of loss if not made promptly by the Mortgagor, and each insurance company concerned is hereby authorized and directed to pay the proceeds of any insurance so provided to be paid to the Mortgagee and the Mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by the Mortgagee to the restoration or repair of the property damaged. In event of foreclosure of this mortgage or other transfer of title to the mortgaged property the right to and any insurance policies then covered hereby, all rights and titles thereto shall remain with the Mortgagee, and the Mortgagee may in order to pass such further to the purchaser or grantees. If the Mortgagor fails to make any payments for insurance premiums, the Mortgagee may pay such premiums, and any sums so paid and any sums so paid shall bear interest at the same rate provided for in the principal indebtedness and shall be secured hereby. 5. That he will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines or impositions, for which provision has not been made hereinbefore, and in default thereof he will be in default of this mortgage, and the Mortgagee may apply any sums paid to the principal debt secured hereby; and that he will promptly deliver the official receipts therefor to the Mortgagee. 6. That he will keep the premises in as good order and condition as they are now, and he will not permit or commit any waste thereof, reasonable wear and tear excepted. 7. The Mortgagor further agrees that should this mortgage and the note hereby not be eligible for insurance under the National Housing Act within.......... from the date hereof (written state- ment of any officer or agent of the Federal Housing Administration or the Federal Housing Commissioner dated subsequent to the .......... time from the date of this mortgage, declin- ing to insure and voiding any commitment to insure the mortgage on the property), the Mortgagee or the holder of the note may, at its option, declare all sums secured hereby AHA 490 57

58 immediately due and payable. If there shall be a default in any of the terms, conditions or covenants of this mortgage, or under the note secured hereby, then it shall be lawful for the Mortgagee to sell, together in one parcel, or separately, all or any part of the premises hereby mortgaged or granted, or conveyed, or any part thereof, and the benefit and equity of redemption of Judell F. Maxon and Rose M. Maxon the said Mortgagors, and their heirs, executors, administrators and assigns thereof, at public auction to the highest bidder, as money becomes the purchaser or purchasers thereof at any such sale do agree to pay, and such purchaser or purchasers shall be responsible for the appraisal of the premises, and the time, place and manner of the sale shall be specified by the Mortgagee by publishing the same at least once a week for three successive weeks in some newspaper published within the said County, State, and the notice of sale shall specify the time, place and manner of sale, provided that the publishing of the notice shall be continued, together with a notice of the adjournment, if any, until the date of the sale, and the Mortgagee may appoint one or more persons, their own name or names, or as the attorneys or attorneys of the Mortgagee, (for that purpose hereby appointed, due care and discretion to be used) to advertise the sale, and to notify the Mortgagors, to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed of conveyance, and to receive from the purchaser or purchasers the money paid at such sales, and from such proceeds to retain all sums hereby secured, whether due and then, or due in full, thereafter, or any part thereof, and any interest thereon, and the costs of the foreclosure, including the same, and all expenses incident to such sale or sales, or for any making deeds hereunder and for fees of counsel and attorneys, and all costs or expenses incurred therein, and if any eitherfore stated or paid by the Mortgagee remaining unpaid upon said grantees, the paying or surrendering the sums hereby secured, shall not operate to discharge the lien of this mortgage, unless the same be paid as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, and the balance of the proceeds of such sale or sales, and the Mortgagee shall be competent bar, both in law or in equity, against Judell F. Maxon and Rose M. Maxon, the said Mortgagors, their heirs, executors, administrators and assigns, and any other persons claiming under them, and the Mortgagors hereby further covenant that he will run, upon request, execute such deed or deeds of conveyance as may be required. Notice of the exercise of any option granted herein beneath, or in the note secured hereby, is not required to be given. The covenants herein contained shall bind, and the benefits and advantages hereof shall inure to the benefit of the Mortgagee, its successors, administrators and assigns of the parties hereto. Whenever the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. WITNESS the hand(s) and seal(s) of the Mortgagor(s) this 1st day of May 1952. Signed, sealed and delivered in presence of: Frank L. Crandall as to both JUDELL F. MAXON (SEAL) ROSE M. MAXON (SEAL) STATE OF RHODE ISLAND ) ) ss: County of Washington ) In said Kingston Town, on the 1st day of May, A. D. 1952, before me, personally appeared the a bove named Judell F. Maxon and Rose M. Maxon, husband and wife, each and all to me known, known by me to be the parties executing the foregoing instrument, and severally ack- nowledged said instrument by them executed to be their free act and deed. FRANK L. CRANDALL (Notarial Seal) Notary Public Received for record May 1st, A. D. 1952 at 3:16 o'clock, P. M., and recorded by Town Clerk DISCHARGE OF MORTGAGE INDUSTRIAL NATIONAL BANK OF PROVIDENCE hereby certifying received full payment and satisfaction of a certain mortgage made by Judell F. Maxon and Rose M. Maxon to The Providence Union National Bank dated May 1, 1952 in the amount of $6,200 Dollars and recorded in Records of Land Providence in the Book of Mortgages Volume 14, Page 58, and hereby cause this instrument to be recorded to discharge the same. and said Industrial National Bank of Providence hereby covenants to and with the per- son making said payment that it is the present owner of said mortgage. IN TESTIMONY WHEREOF, Industrial National Bank of Providence has caused its corporate name and seal to be hereunto affixed by its proper officer therefore duly authorized this 4th day of June A. D. 1958. Witness: Ethel S. Sidebottom (INDUSTRIAL NATIONAL BANK OF PROVIDENCE (Corporate Seal) by Brian Kendall Manager by Thomas Scullire Assistant Manager