5/11/1936 · PARTIAL RELEASE · book 26 page 328 doc 71@26/328

161. KNOW ALL MEN BY THESE PRESENTS: That we, BERTRAM D. KENNEDY and MARY D. KENNEDY, husband and wife, both of the Town of Charlestown, in the County of Washington and State of Rhode Island hereinafter called the mortgagors) in consideration of Twenty-five Hundred ($2500.00) Dollars to us paid by the WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, a corporation legally incorporated, and established and transacting business in the Town of Westerly, in the County of Washington, and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (hereinafter called the mortgagee), its successors and assigns, forever, that lot or parcel of land with all buildings and improvements thereon situated, located and quoitanced in the Town of Charlestown and State of Rhode Island, bounded and described as follows, to wit: Beginning at a stone bound on the westerly line of the said Beach Road at the northeasterly corner of Lot No. 4 on that plat entitled, "Peabody Plat in Charlestown, R.I.", owned by the Query Realty Corporation, State of New York, for conveyance September 19th 1934, recorded in the Registry of Deeds" which plat is on file in the Charlestown Land Records in Book 1 Plates 39 and 37 then westerly on said Traverse seventy and five-eighty one hundredths (75.81) feet to said Traverse seventy seven and fifty-eighty one hundredths (77.58) feet to sound line of now or lately as Town of Tiverton and wife then southeasterly on said sound line of 193.5 feet to the point of the Last described line, bounding westerly on said Hexdale line Two Hundred Thirty and Three and seventy five-eighty one hundredths (233.75) feet to the point of the line of said Burdick therefore easterly bounding northerly on said Burdick Land to meet Beach Road then northerly on said line of Beach Road to the point of beginning Eighty-five and eighty-five one hundredths (85.85) feet to the point of beginning of the premises. Together with a right of way for highway purposes as appurtenant to the above described land over and across a street or way as delineated on said plat leading from said East Beach Road to the premises. Being the same premises conveyed to said Bertram D. Kennedy and Mary D. Kennedy by Donna B. Jackson to said parties dated February 26, 1937 and recorded in Book 26 page 69 of said Charlestown Land Evidence Book. Together with all buildings and improvements now or hereafter erected thereon, all the hereditaments, appurtenances and rights thereto belonging or ensuing in any wise now or hereafter appertaining, the rents, issues and profits thereof, and all plumbing, heating, lighting and other fixtures, equipment and articles now or hereafter attached thereto. TO HAVE AND TO HOLD the aforesaid premises, with their appurtenances, unto and to the use of the said mortgagee, and its successors and assigns, forever. And the said mortgagors do hereby for themselves and for their heirs, executors and administrators, covenant with the said mortgagee, and its successors and assigns, that they are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances; that they have good right, full power and lawful authority to sell and convey the same in manner as aforesaid and that the said mortgagee, and its successors and assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that the said mortgagors will, and their heirs, executors and administrators shall, warrant and defend the same to the said mortgagee, and its successors and assigns, forever, against the lawful claims and demands of all persons THE CONDITION OF THIS DEED is, that, whereas we have this day pledged and transferred to the said mortgagee -13- shares of its Capital stock, said shares being in the 103rd Series, as collateral security, together with the real estate hereby conveyed, for the performance of the terms, covenants and conditions of this mortgage and of the note hereinafter mentioned, upon which shares said sum of Twenty-five Hundred ($2500.00) Dollars has been advanced to us by said mortgagee, now therefore, if we, the said mortgagors or our heirs, executors, administrators, or assigns, shall fail to pay the said mortgagee, its successors or assigns the sum of Twenty-five and 59/100 ($25.59) Dollars monthly, and each and every month therefore, at such time and places as shall be designated by said mortgagee, or its successors or assigns, being the amount of the monthly dues on said -13- shares and of the monthly interest upon said loan or advance of Twenty-five Hundred ($2500.00) Dollars for which said shares are pledged and note and mortgage given, together with all fines chargeable by the By-Laws of said Corporation upon arrears of such payments, until said shares shall reach the ultimate value of two hundred dollars each, or

163 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 mortgagees, and its successors and assigns, as follows: 1. To pay all indebtedness hereby secured in accordance with the tenor of said note, all taxes and assessments of every nature levied or to be levied upon said premises or upon the mortgagees, its successors and assigns, in respect to said mortgage or any renewal or extension thereof under substitute notes or mortgages that may hereafter be enacted, all premiums for insurance maintained upon said premises, and all other costs and expenses hereby reserved to be herein provided. 2. To keep and maintain insurance against loss by fire upon the buildings upon said premises, payable in case of loss to said mortgagee, its successors and assigns, in at least such amount, not less than Twenty-five Hundred Dollars ($2500.00) Insurance that will in reasonable degree prevent the aggravation of any loss, in insurance clauses, and in such form and in such company or companies as shall be satisfactory to said mortgagee, its successors and assigns, and to authorize said mortgagee its successors and assigns to insure such buildings through such agents or brokers as they may select; all such insurance effected upon said buildings by the mortgagors, or their heirs, executors, administrators and assigns, whether or not recorded in the land-evidence records, its successors and assigns, to be payable to, and the policies thereof to be delivered to said mortgagee, its successors and assigns, in such form and manner, constituting and appointing the President or Secretary for the times being of said mortgagees, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and assigns, its successors and 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