11/13/1961 · MORTGAGE · book 38 page 169 doc 7225@38/169

169 harmless and blameless from any damage or liability of any kind or nature due to the use of said drives, streets, roads or rights of way as hereinbefore specified. The use of Parcel "M" and Lots #554 and #555 shall not be commercialized. IN WITNESS WHEREOF, the said corporation has caused these presents to be duly signed by its President and Treasurer, hereunto duly authorized, and the corporate seal to be heretofore affixed at Westerly, Rhode Island, this 7th day of November, 1961. CHARLESTOWN ESTATES, INC. (Corporate Seal) Howard E. Thorp President Nelson M. Thorp Treasurer (DOCUMENTARY STAMP, $.710) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 7th day of November, 1961, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said corporation, and Nelson M. Thorp, to me known and known by me to be the Treasurer of said corporation, and they acknowledged said instrument by them executed to be the free act and deed of said corporation, and as well individually. FLORENCE J. WELLS (Notarial Seal) Notary Public Received for record November 10th, A. D. 1961 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED We, GEORGE A. CRUICKSHANK and ELIZABETH J. CRUICKSHANK, husband and wife, both now of the Town of Charlestown, formerly of the Town of Stonington, in the County of New London and State of Connecticut, hereinafter called the mortgagors, for consideration paid, grant to WESTERLY SAVINGS FUND AND LOAN ASSOC, a corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the mortgagee, with MORTGAGE COVENANTS, to secure the payment of Thirteen thousand five hundred dollars ($13,500.00) Dollars, with interest thereon at the rate of 5% per annum as specified in a certain negotiable promissory note of the mortgagors, of even date herewith, said principal and interest being payable in 216 monthly installments of Ninety-eight and 61/100 ($\text{98.61}$) Dollars each on the Ninth (9th) day of each successive month commencing December 9, 1961, until said principal and interest are paid in full, as provided in said note, the following described land, together with all buildings and other improvements now or hereafter erected thereon, all the hereditaments, appurtenances, rights thereunto belonging or thereunto by any way now or hereafter appertaining, and together with and including as part of the realty, all heat and air-conditioning apparatus, plumbing, stoves, storm doors and windows, gas, oil and electric fixtures, screens, screen doors, awnings, and other fixtures of whatever kind on said premises or hereafter placed thereon prior to the full payment and discharge of this mortgage, situated in the Town of Charlestown, Rhode Island, on the west side of Shorey Road, and bounded and described as follows: Lot Number Seventy-seventh (77) on that plat entitled, "Sketch of Shady Harbor Section #2, Charlestown, R. I.," belonging to EVERETT GRUICKSHANK and LUCY GRUICKSHANK, May 3, 1957, Scale 1 inch equals 20 feet, Clifford R. Steward, Registered Land Surveyor", recorded in the Charlestown Land Evidence Records in Book 37 Page 53 in page. Being the same premises conveyed to said George A. Cruickshank and Elizabeth J. Cruickshank by Everett R. Gruickshank and Lucy Gruickshank by a Deed dated September 27, 1958 and recorded in the Charlestown Land Evidence Records in Book 36, at page 594. This is a construction loan mortgage, the mortgagors having applied to the mortgagee for a loan of $13,500.00 to be invested by a mortgage on the above described premises upon which a building and other improvements are in the process of construction. Of said sum, $12,500.00 is to be advanced and paid over to said mortgagors in installments as provided in this deed, the sum of $12,500.00 being hereby acknowledged by the mortgagors, and the balance, to wit: $1,000.00 is to be paid over to said mortgagors in installments under the rules and regulations of the mortgagee, as the work on said building progresses.

170 This mortgage is made upon 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 mortgagees, as specified in the 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 SAVINGS FUND AND LOAN ASSOCIATION executed herewith by the mortgagors, a copy of which has this day been delivered to the mortgagors, the exact terms of which are on record in said Town of Charlestown, in Land Evidence Books 35 on pages 33-35. 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 mortgagees all our right of dower and curtesy and all other rights, statutory and otherwise, in the aforementioned premises. WITNESS our hands and seals this 9th day of November, 1961. Executed in presence of JAMES J. MORRISON GEORGE A. CRUICKSHANK ELIZABETH J. CRUICKSHANK STATE OF RHODE ISLAND County of Washington In the Town of Westerly, on the 9th day of November, 1961, before me personally appeared the above named GEORGE A. CRUICKSHANK and ELIZABETH J. CRUICKSHANK, to me known and known by me to be the parties executing the foregoing instrument; and acknowledged said instrument by them executed to be their free act and deed. ROBERT PESSEL Notary Public [signature] Deputy Town Clerk Received for record November 13, A.D. 1961 at 9:00 o'clock A.M. and recorded by [signature] Deputy Town Clerk DISCHARGE OF MORTGAGE THE WESTERLY SAVINGS FUND AND LOAN ASSOCIATION, of Westerly, Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Land Evidence Books in the Town of Charlestown, R. I., in Real Estate Mortgage Book Number 38 Page 169-170 does hereby cancel and discharge the same IT TESTIFYING UNDER SEAL, said Association has caused its corporate seal to be signed and its Corporate Seal to be hereunto affixed by A. Amelia Peckham its Treasurer duly authorized, this 28th day of July, A. D. 1965. WESTERLY SAVINGS FUND AND LOAN ASSOCIATION (Corp Seal) By [signature] A. AMELIA PECKHAM Treasurer Signed and sealed in presence of: JAMES J. MORRISON Received for record July 29th A. D. 1965 at 10:05 o'clock, a.m., and recorded by [signature] Deputy Town Clerk STATE OF RHODE ISLAND COUNTY OF PROVIDENCE OFFICE OF THE CLERK --- CERTIFICATE --- Probate Court of THE City of Providence I, John L. McElroy, clerk of said Court, having by law the custody of the seal, and all the records books, documents and papers or of appertaining to said Court, hereby certify the annexed to be true copies of papers appertaining to said Court, and on file and on record in this office. In attestation whereof I hereunto set my hand, and have affixed the seal of said Court, this 14th day of November R. D. 1961. JOHN L. MCELROY (L. S.) Clerk ---- LAST WILL AND TESTAMENT OF RALPH C. SCOTT