11/6/1961 · MORTGAGE · book 38 page 161 doc 7215@38/161

161 residence shall be of a class to cost not less than Three Thousand (3000) Dollars, to be built in accordance with the building line which is twenty (20) feet from Budick Road east, to the west. No porch or bay window constituting a projection shall approach the street line nearer, nor the said building line and no portion of any dwelling shall approach the side or rear lines of the lot on which it is not located nearer than three feet. No detached garage or other building or wall shall be erected therebetween. No outdoor shower, no auxiliary flush toilets, and no toilet and sinks must drain into a septic tank or tanks or a suitable cesspool. In consideration of the purchase price this instrument is and agreed upon that the above restrictions and reservations shall apply to and be binding upon the owners of said lot for a period of twenty years from January 1, 1952. The grantees, their heirs, executors, administrators, assigns, licensees, servants or agents shall have the right in common with the others to cross over and across Lot #49 from Avenue to the beach, and the grantees, their heirs, executors, administrators, assigns, licensees, servants or agents shall have the right in common with the others to cross and recross it and removes all for any purpose over said common way, and the grantees, their heirs, executors, administrators, assigns or agents shall have the right of way of leading in and out of said Lot #49 from Avenue to the all on a shown that certain plan or plat entitled, "Plot of East Beach at Conimicut, N. R. I." property of S. H. Davis, listed in the Land Evidence Records of the town of Charlestown, July 1911, Book 14, page 151, and the grantees, their heirs, executors, etc. shall request full July 1911, Book 14 page 151 in the Land Evidence Records of said town of Charlestown. IN WITNESS WHEREOF, the said Corporation has caused these presents to be duly signed by its President and Treasurer, herewith duly authorized and the corporate seal to be heretofore affixed at Westerly, Rhode Island, this 21st day of November 1960. CHARLESTOWN ESTATES, INC. (Corporate Seal) HOWARD E. THORP President NELSON H. THORP Treasurer (DOCUMENTARY STAMP, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 21st day of November 1960, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said Corporation, and Nelson H. Thorp, to me known and known by me to be the Treasurer of said Corporation, and they acknowledged said instrument to be their free act and deed of said Corporation, as well as individually. ROBERT G. BROWN (Notarial Seal) Notary Public Received for record November 6th, A. D. 1961 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, That We, BERTRAM W. BURDICK and BARBARA E. BURDICK, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter called the Mortgagors, for consideration paid, grant to WESTERLY COMMUNITY CREDIT UNION, a corporation created under the laws of the State of Rhode Island and having a place of business in the said Town of Westerly, hereinafter called the Mortgagee, with MORTGAGE COVENANTS, to secure the payment of EIGHT THOUSAND 600/100 ($8000.00) DOLLARS in Fifteen (15) years with interest at Five and one-half (5 1/2) per centum per annum, payable monthly, as provided in a certain negotiable promissory note of even date herewith, That certain lot or parcel of land, containing by estimation seven (7) acres, together with the buildings and improvements now or hereafter erected thereon, including any portable or sectional buildings, all screens, storm doors and windows, awnings, stores, heating, plumbing, gas and electrical fixtures, oil burners, air conditioning unit, and other equipment of whatever kind necessary or incidental to the property or use thereof, now located on or hereafter placed upon said premises, prior to the full payment and discharge of this mortgage, all of which are declared to be part of the realty, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to wit: BEGINNING at the northeasterly corner of the premises hereby conveyed, on the westerly side of the Town Highway leading from the Post Road to Bradford, and at the southeasterly corner of premises now or formerly of Howard E. Thorp, thence running westerly, bounded easterly by said Siven land, along a stone wall, a distance of one hundred (100) feet, more or less, to another stone wall running in

162 a northerly and southerly direction; thence southerly along said last mentioned wall a distance of one hundred (100) feet, more or less, to another wall running in a easterly and westerly direction; thence westerly, along said last mentioned wall a distance of one fifty (150) feet, more or less, in a northerly and southerly direction; thence northerly along said wall again southerly, along said last mentioned wall a distance of three hundred (300) feet, more or less, in a northerly and southerly direction; thence easterly, along said wall to the highway to the point and place of beginning, or however otherwise the same may be bounded or described. Meaning and intending to convey the same premises conveyed to these Mortgagors by deed of George W. Sliven and Annie Sliven; said deed being dated July 18, 1952 and recorded in the Book of Land Evidence, of said Town of Charlestown, R.I., in Book 33 at page 197, reference to said deed and the map annexed being hereunto made. The mortgage is subject to the STATUTORY CONDITION and with the STATUTORY POWER OF SALE; provided, however, that a foreclosure may be held upon the premises or elsewhere at the option of the Mortgagee, as specified in notice of such sale. This mortgage is made subject to those additional agreements and covenants contained in that instrument entitled, "ADDITIONAL COVENANTS OF MORTGAGORS OF WESTERLY COMMUNITY CREDIT UNION," executed herewith by the mortgagors, a copy of which has this day been received by the mortgagors, the exact terms of which are on record in said Town of Charlestown, in the Land Records thereof in Book No. 38 at page 21. Said agreements and covenants are by reference made part of this mortgage, and if default shall be made in the observance or performance of any of the same, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE. And for the consideration aforesaid, We, the said Mortgagors release to the Mortgagee all the our right of curtesy and dower and all other rights and/or interest, statutory or otherwise in the aforesaid described premises. WITNESS our hands this 3rd day of November, A. D. 1961. BERTRAM W. BURDICK BARBARA E. BURDICK STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 3rd day of November, A. D. 1961, before me personally appeared BERTRAM W. BURDICK and BARBARA E. BURDICK, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. CHARLES F. TRUMPETTO Notary Public Received for record November 6th, A. D. 1961 at 9:41 o'clock a.m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE WESTERLY COMMUNITY CREDIT UNION, the holder of a mortgage to Bertram W. Burdick & Barbara E. Burdick to said COMMUNITY CREDIT UNION, dated November 3, 1961 and recorded in the records of the Town of Charlestown, County of Washington, Rhode Island, for recording mortgages of real estate in Book No. 38 at pages 161-162, having received full payment and satisfaction, hereby cancels and discharges said sum and premises to and with the parties with whom said WESTERLY COMMUNITY CREDIT UNION was in present owner of said mortgage. IN TESTIMONY WHEREOF, said WESTERLY COMMUNITY CREDIT UNION caused these presents to be signed and its corporate seal to be hereunto affixed by its President, duly authorized this, 26th day of October, A.D. 1976. WESTERLY COMMUNITY CREDIT UNION (CORPORATE SEAL) By: JOSEPH N. OSGILI its President Executed in Presence of: MARY ELLEN BUCKLEY PETER S. OSGILI Received for record Nov. 18th, A.D. 1976 at 1:00 o'clock p.m. and recorded by [Signature] Deputy Town Clerk