7/24/1919 · MORTGAGE · book 19 page 186 doc 7236

186 State of Rhode Island County of Washington In Charlestown on the 24th day of July A.D. 1819 before me personally appeared Louis Pelhat and Margaret Pelhat to me known and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument been declared to be their free act and deed. George Lee, Deputy Secretary Public Received for record July 24th 1819 at 11 o'clock AM, and recorded by George Lee Clerk from Louis Pelhat. We the undersigned having received full payment and satisfaction of the within Mortgage recorded in the records of land evidence in the town of Charlestown in the State of Rhode Island in Book No 10 page 118 dated July 24th 1819 describing the same, said mortgage is null and void and cancelled by and voided by this agreement this 2nd day of August 1837 signed and sealed by us the parties to the said mortgage and voided and cancelled said mortgage dated 1819 In witness whereof we have set our hands and seals this 2nd day of August 1837 Louis Pelhat Margaret Pelhat George Lee, Registrar F.P.D. Registrar G. Know all men by these presents that I Dagobert Bayard of Pawtucket in the county of Providence and State of Rhode Island hereinafter called the mortgagor in consideration of sixteen thousand dollars clear to me paid by Louis Pelhat and Margaret Pelhat of Charlestown in the county of Washington State aforesaid hereinafter called the mortgagees the receipt whereof is hereby acknowledged do hereby grant bargain sell and convey unto the said mortgagees and to their heirs and assigns forever those certain tracts of land situated in said Charlestown with all the buildings situated thereon which I have by deed of seven cents purchased of said Louis Pelhat and Margaret Pelhat and which the said Pelhats purchased of George Bayard and his wife by deed dated July 15 1709 and recorded in Land Evidence records of said Charlestown Book 10th page 268 and are fully described in a deed from George Lee, and recorded in Land Evidence of said Charlestown in Book No 10th page 249 and said deed from Hunter J. Haughen recorded in said Book 10th page 314 reference to said deed being hereby had and made for a more particular description I do have and to hold the aforementioned premises with all the privileges and appurtenances thereunto belonging unto and to the use of the said mortgagees and their heirs and assigns forever And this said mortgage is hereby for my self land and for my heirs executed also administrator covenant with the said mortgagees and their heirs and assigns that I am lawfully seized in fee simple of the said granted

premises; that the same are free from all incumbrances That I have good right full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgages and their heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and That the said mortgagees will and their heirs, executors and administrators shall warrant and defend the same to the said mortgagee and their heirs and assigns forever against the lawful claims and demands of all persons; And I covenant that I am uninsured. Provided nevertheless, and this conveyance is made upon the express condition, that if the said mortgagee his heirs, executors, administrators or assigns, shall pay unto the said mortgagees or their executors, administrators or assigns, the sum of thirteen hundred dollars, whether for the said mortgage has made his original promissory note for said aggregate sum becoming due date with these presents, and made payable to the owner of house Robert and mortgage Robert in partly installments of one hundred dollars from the date hereof, with interest thereon at the rate of six per centum per annum payable annually until said principal sum is paid, whether at or after maturity and until all installments of interest in arrears, whether before or after maturity, to bear interest at the rate aforesaid until paid, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises Therefore the said, as does said promissory note, shall become and be absolutely void to all intent and purpose whatsoever. But if default shall be made in the payment of the said note or of said interest, at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid, as the same for some payable, or of any or either of them, or of any part thereof, or of either of them, shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said mortgagees, their heirs, executors, administrators or assigns, to sell, together or in parallels, all and singular, the premises hereby granted or intended to be granted, or any part or parts thereof and the benefit and appurtenance of redemption of the said legal keeper and his heirs, executors, administrators and assigns, thereof at public auction upon the premises, 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 applications 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 publisher

188 in said Washington County with power to adjourn such sale from time to time provided that the publishing of said notices shall be continued together with a notice of the adjournments or adjournment at least once each week in the same newspaper and in my or their own name or names or as the attorneys or attorneys of the said buyer lawyer for that purpose by these presents duly authorized and appointed with full power of substitution and revocation to make select and deliver to the purchaser or purchasers at such sale a good and sufficient deed or release of said premises in fee simple and to receive the proceeds of such sale or sales or sellen and from such proceeds to retain all sums first accrued whether then due or to fall and thereafter to the part thereof then remaining unpaid and also all the interest then due or at the same together with all expenses incident to such sale or sales or in making deeds indentures 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 said mortgagor their executors administrators or assigns or then remaining unpaid over said premises funding and and paying the surplus of said proceeds of sale if any there be over and above the amount to be retained as aforesaid before with a true and particular account of such sale or sales expenses and charges to the said buyer lawyer his heirs executors admini- strators or assign which sale or sales made as aforesaid shall govern be a perpetual bar both in law and equity against the said buyer lawyer his heirs executors administrators and assigns and det bar person one examining said premises so sold by from or under him or any of them And I the said mortgagor for myself and for his heirs executors administrators and assigns kindly covenant with the said mortgagee and their heirs executors administrators and assigns that I will say when requested produce such deed or a due confirmation of said sale or sales as may be required And furthermore I the said mortgagor for myself and for my heirs executors administrators and assigns hereby covenant with the said mortgagee and their executors administrators and assigns that reference against loss by fire shall be kept and maintained on the buildings on the premises insured in such office or offices as the said mortgagee and their executor administrator or assign shall appoint in a sum not less than seven hundred dollars and that the policy or policies of such insurance shall be assigned and transferred or made payable in case of loss

189 to the said mortgagees, or their executors, administrators or assigns as established warranty hereby, and in default hereof, hereby agree that the said mortgagees, or their executors, administrators or assigns, may effect self insurances in the name of the said mortgagor, and his heirs and assigns payable possible in case of loss to the said mortgagees, and their executors, administrators or assigns, and that the premiums paid therefor shall be a further charge upon said granted tenements, secured by these presents. For my utmost witness, I have hereunto set my hand and seal this 24th day of July in the year of our lord one thousand nine hundred and nineteen. Signed and sealed in presence of George LaCroix Logue Cossey L.S. State of Rhode Island sc County of Washington In Charlestown on the 24th day of July A.D. 1919 before me personally appeared Logue Cossey to me known and known by me to be the party executing the foregoing instrument land he acknowledged said instrument by him executed, to be his free act and deed. George LaCroix Notary Public Received for record July 24th 1919 at 11.15 oclock A.M. and recorded by George LaCroix Town Clerk DISCHARGED on Case 186