1/22/1919 · POWER OF ATTORNIEY · book 19 page 128 doc 7205

433 KNOW ALL MEN BY THESE PRESENTS, that we, G. Albin Nelson and his wife Ebba Marie Nelson, both of the City of Providence, Rhode Island hereinafter called the Mortgagor, in consideration of the sum of Forty-five Hundred Dollars ($4500.00), paid to him by The Prov- idence Union National Bank, a national banking association, hereinafter called the Mortgagee, its successors and assigns, forever, that all certain real estate located in the Town of Charles- town, County of Washington, in the State of Rhode Island, and described as follows: Those two (2) certain lots of land, together with all buildings and improvements thereon, situated in the southeasterly corner of Oke- ware Street and Charlestown Beach Road, in the Town of Charlestown, in the State of Rhode Island, and more particularly described as being lot number five hundred fifty-one (five hundred fifty-one) and 552 (five hundred fifty-two) on that plat entitled "Charlestown by the Sea" charted by the proprietors of said plat, which plat was charted through Thomas P. Reilly, July 25, 1934, K. W. Leighton, Civil Engineer New Haven, Conn., which plat is recorded in the Office of the Town Clerk in the Town of said Charlestown in Plat Book 2, between pages 14 and 15; said two (2) lots taking their beginning at the intersection of Okeware Street and Charless- town Beach Road, as shown on said plat, fifty-five (55) feet, more or less northerly; then southerly by said Edgeware Street, as shown on said plat, one hundred eleven (111) feet, more or less; then easterly by lot number 550 (five hundred fifty) fifty-five (55) feet as shown on said plat-fifty five (55) feet, more or less; and south- easterly by lot number 553 (five hundred fifty-three) as shown on said plat, one hundred eleven (111) feet, more or less; then westerly, also certain lots or parcels of land, together with all build- ings and improvements thereon, situated in the Town of Charlestown, County of Washington, in the State of Rhode Island, and laid out and designated as lot number 490 (four hundred ninety) and 521 (five hundred twenty-one) and 552 (five hundred fifty-two) on that plat entitled "Charlestown by the Sea" Charlestown, R. I. Owned & Developed by New Haven, Conn., K. W. Leighton, civil engineer New Haven, Conn., which plat is recorded in the office of the Town Clerk in the Town said Charlestown in Plat Book 2, between pages 14 and 15; said together one form tract, bounded as follows:- Westerly by Charlestown Beach Road, as shown on said plat, one hundred eleven (111) feet, more or less; northerly by lot numbered 490 (four hundred ninety) as shown on said plat, fifty five (55) feet, more or less; eleven (11) feet, easterly by lot numbered 521 (five hundred twenty-one) as shown on said plat, fifty five (55) feet, more or less; and southerly by Edgeware Street, as shown on said plat, one hundred eleven (111) feet, more or less. including all buildings and improvements thereon, or that may be hereafter erected thereon; together with the hereditaments and appurtenances and all other rights thereunto belonging or in anywise now or hereafter appertaining, and the reversion and reversions, remainders and remainders, rents, issues and profits thereof, and all plumbing, heating lighting fixtures and equipment now or hereafter attached to, or used in connection with said premises. TO HAVE AND TO HOLD the aforementioned premises, with all the rights, privileges and appur- tenances thereunto belonging, unto, and to the use of the Mortgagee, and its successors and assigns forever. And the Mortgagor does hereby covenant with the Mortgagees that he is lawfully seized in fee simple of the said granted premises; that they are free from all encumbrances except as aforesaid; that he has good, right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the Mortgagee shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises; that the Mortgagor will warrant and defend the same to the Mortgagee against the lawful claims and demands of all persons. And for the consideration aforesaid, we said Mortgagors, being husband and wife, do hereby release all my right of curtesy and dower in and to the premises unto the Mortgagee, its successors and assigns, forever. PROVIDED, NEVERTHELESS, that this conveyance is made upon the express condition that if the Mortgagor or his heirs, executors, administrators or assigns, shall pay unto the Mortgagee or its successors or assigns, the sum of Forty-Five Hundred Dollars ($4500.00), as evidenced by his prom- issory note of even date herewith, the terms of which are incorporated herein by reference, together with interest thereon and shall fully perform all the terms, conditions and covenants of this mort- gage as well as of the note secured hereby, then this instrument, as well as the note secured hereby, shall be void. The Mortgagor further covenants as follows: 1. That with the pay the indebtedness as previously provided. The Mortgagor hereby authorizes the Mortgagee to extend the note by receipt of advanced interest therefore; all extensions or renewals thereof by payment of advanced interest, or otherwise, to be deemed authorized and requested by the Mortgagor until notice in writing is received by the Mortgagee not further to extend the renewal of said note. Privilege is reserved to pay the debt in whole or in part as set forth in said note. AHA 490

434 2. That his existing obligation to pay said indebtedness and to keep and perform all of the covenants and agreements contained in this mortgage, unless the Mortgagee shall hereafter expressly agree in writing to the contrary, shall not be discharged, released, waived or in any way changed or affected by the fact that another person or persons (a) shall become or be liable for the payment of said indebtedness, or for the performance of said covenants and agreements, or (b) shall make a payment or payments in reduction of said indebtedness, or (c) shall perform any of said covenants or agreements, or (d) by the fact that the Mortgagee shall accept any such payment or pay- ments, acts or performance of said covenants or agreements, or covenants. 3. That he will pay all taxes, assessments, water rates and other governmental or municipal charges, fines or impositions, and in default thereof the Mortgagee may pay the same, and all sums so expended with interest from the date of such payment at the same rate provided for the principal indebtedness and be shall be secured herein and that he will promptly deliver the official receipts therefor to the Mortgagee. 4. 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. 5. That he will maintain and keep on the buildings now existing or hereafter erected on the premises adequate insurance against loss by fire and other hazards, cas- ualties and contingencies, insurance in an amount not less than the full value and its successors or assigns shall agree, in a sum not less than Forty-Five Hundred Dollars ($4,500.00), and that he will keep any such policies in any insurance com- pany. 6. That any policies of insurance on the premises herein conveyed shall be assigned and transferred, or made payable in case of loss, to the Mortgagee, as additional security hereof. If the Mortgagor shall fail to maintain such insurance or fails to make any payments for insurance premiums the Mortgagee may effect such insurance, and all sums expended in the payment thereof, from time to time, at the same rate provided for the principal indebtedness and shall be secured hereby. If any premises covered hereby, or any part thereof other hazard, casualty or other loss occurs, the insurance proceeds as hereinbefore provided, the amounts paid by any insurance company pursuant to the contract of insurance shall, to the extent of the amount of the debt then due, be paid to the Mortgagee, and options, by its option may be applied to the debt or released for the repairing or rebuilding of the premises, or used to pay the insurance premiums of the premises or other transfer title of the mortgaged property in extinguishing of the debt secured hereby. All policies of insurance now or hereafter in any insurance com- pany policies then in force, shall pass to the purchaser or grantees. 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 or in parcels, all and singular the premises hereby granted, or intended to be gran- ted, or any part or parcels thereof, or any part remaining subject to this mortgage in case of partial release hereof and the benefit and equity of redemption of the Mortgagor, and their heirs, executors, administrators and assigns therein, at public auction upon the premises, or any part thereof, or elsewhere as specified in the notice of sale, and to bid for and become the purchaser or purchasers at any such sale, (and no other purchaser or purchasers 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 published in the county of Washington, Rhode Island, with power to ad- journ such sale from time to time, provided that the publishing of said notice shall be con- tinued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper; and in its or their own name or names, or as the attorney or attorneys of the mortgagor (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 pur- chasers of such sale a good and sufficient deed or deeds of said premises in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or to fall due thereafter, or the part thereof remaining unpaid, and also the interest then due on the same, together with all expenses incident to such sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said powers, and all taxes, assessments and premiums for insurance, if any, either therefore paid by the Mortgagors or then remaining unpaid, upon said granted premises, rendering and paying the surplus of said proceeds of sale, if any therebes, over and above the amounts so to be retained as aforesaid, together with a true and particular

435 account of such sale or sales, expenses and charges to the Mortgagor, his heirs, executors, administrators and assigns, which sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity against the Mortgagor, their heirs, executors, administrators and assigns, and all persons claiming said premises. And the Mortgagor hereby further covenants that he will, upon request, execute such deed or deeds confirmatory of such sale or sales as may be required. Notice of the exercise of any option granted to the Mortgagee herein, or in the note secured hereby, is not required to be given. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 3d day of March in the year of our Lord one thousand nine hundred and fifty-three. Signed and sealed in presence of: Leroy C. Whitford. G. ALBIN NELSON (SEAL) EBBA MARIA NELSON (SEAL) AHA 400 STATE OF RHODE ISLAND County of Washington In South Kingston, on the 3d day of March, A. D. 1953, before me personally appeared the above named G. Albin Nelson and his wife Ebba Maria Nelson, each to me known and known by me to be the parties executing the foregoing instrument, and they each acknowledged said instrument by them executed to be their free act and deed. LEROY C. WHITFORD Notary Public Received for record March 4th, A. D. 1953 at 1:45 o'clock, p. m., and recorded by [Signature] Town Clerk The Industrial National Bank, having received full payment and satisfaction of the within mortgage, hereby cancels and discharges the same. IN TESTIMONY WHEREOF, said The Industrial National Bank has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by its Officers and duly authorized, this 6th day of February A. D. 1961. Signed and Sealed in presence of Elaine G. Knapp The Industrial National Bank By Leroy C. Whitford Manager Hudson G. Scattergood Asst. Manager Received for record February 20th, A. D. 1961 at 10:25 o'clock, a. m., and recorded by [Signature] Town Clerk