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.
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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)
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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
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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