10/13/1919 · MORTGAGE · book 19 page 202 doc 7244

202 her heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through or under me, and I covenant that I am unmarried. For my testimony whereof I have hereunto set my hand and seal this 11th day of October in the year of our Lord one thousand nine hundred and nineteen. Signed and sealed in presence of George Co. Coorse. Sue Thurston Brown Lsd. State of Rhode Island County of Washington On Charlestown on the 11th day of October A.D. 1919 before me personally appeared Sue Thurston Brown to me known, and known by me to be the party sealing the foregoing instrument, and she acknowledged said instrument by her executed, to be her free act and deed. George Co. Coorse Notary Public. Received for record October 13th 1919 at 10 o'clock A.M. and recorded by George Co. Coorse Town Clerk. Know all Men by these presents, That I Emma Brown Leak of the City and County of Providence and State of Rhode Island hereinafter called the mortgagor, in consideration of five thousand dollars to me paid by Sue Thurston Brown of Charlestown in the County of Washington and State aforesaid, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby bargain, grant, sell and convey unto the said mortgagee, and her heirs and assigns forever a certain tract of beach land with a cottage and other buildings thereon standing situated in Charlestown in said County of Washington and bounded as follows, beginning at the North east corner of said tract at the highway on Charlestown Beach and at the line of land of Martha S. Coorse, thence Northerly bounding Eastly by said Coorse land to the sea; Thence Northeasterly bounding Southeasterly by the sea sixty feet; Thence Northerly bounding Westerly by land of Stanley S. Brown to said highway; Thence Easterly bounding Northerly by said highway to the place of beginning or

however otherwise denominated. To have and to hold, the aforesaid premises, with all the privileges and appurtenances therewith belonging, unto and to the use of the said mortgagee, and her heirs and assigns forever. And I, the said mortgagor, do hereby, for myself and for my heirs, executors and administrators, covenant with the said mortgagee and her 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 or aforesaid; that the said mortgagee and her heirs and assigns shall by these presents at all times henceforth peaceably and quietly have and enjoy the said premises, and that I the said mortgagor will, and my heirs, executors and administrator shall, warrant and defend the same to the said mortgagee and her heirs and assigns forever against the lawful claims and demands of all persons. And for the consideration aforesaid I, James S. Taft husband of the said Emma Brown Taft do hereby release all my right of curtesy in and to the said granted premises with the said mortgagee and her heirs and assigns forever. Provided, Nevertheless, that this conveyance is made upon the express condition, that if the said mortgagor her heirs, executors, administrators or assigns, shall pay unto the said mortgagee or her assigns, administrators or assigns, the sum of two thousand dollars, whereas for the said mortgagor has made her negotiator promissory note for said aggregate sum bearing even date with these presents, and made payable to the use of the Thurston Browne Trust years from the date hereof, with interest thereon at the rate of six per centum per annum, payments made annually until said principal sum is paid in full, whether at or after maturity, and 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 accrued upon or in respect of said premises their deed, as also said promissory note, shall become clear and be absolutely void to all intents and purposes whatsoever. But if default shall be made in the payment of the said note or of said interest at the times or times and in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or of any or either of them, or of any part thereof, or of each shall be the breach of the covenant for mirrored hereinafter contained, then it shall be lawful for the said mortgagee her executors, administrators or assigns, to sell, together or in parcels, all and any parcels, the premises hereby granted or intended to be granted, or any part or parts thereof and the

204 benefit and equity of redemption of the said Emma Penn Heap and her heirs executors administrators and assigns, therein, 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 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 public newspaper published in said Washington county with power to adjourn such sale from time to time, provided that the publishing of said notice shall be continued together with a notice of the adjourn- ment or adjournment, at least once each week in the same named paper; and in their or their own name or names, or as the attorney or attorneys of the said Emma Penn Heap (for that purpose they are presently duly authorized and appointed with full power of substitution and revocation), to make, execute and deliver to the purchaser or purchasers of such sale a good and sufficient deed or deeds of said premises in fee simple, and to reduce the proceeds of such sale or sales, and from such proceeds to retrieve all sums hereby secured, whether due then or to fall due thereafter, or the part thereof then remaining unpaid, but also the interest thereon due or the same, together with all expenses incident to such sale or sales, or for making deeds hereafter, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said power, and all taxes assessments and premiums for insurance of any estate hereafter paid by the said mortgagor her executors administrators or assigns, or then remaining unpaid upon said grantor's premises, rendering and paying the surplus of said proceeds of sale if any there be, over and above the amounts to be returned as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said Emma Penn Heap her heirs executors administration or assigns, which sole or sales made as aforesaid shall cause to be perfected her both in law and equity against the said Emma Penn Heap her heirs executors administrators and assigns, and all persons claiming said premises, so sold buy, from or under them, or any of them. But I, the said mortgagor, for myself and for my heirs executors administrators etc sayingly covenant with the said mortgagee, and her heirs executors administrators and assigns, that I and they will upon request seal such deed or deeds confirmatory of said sale or sales for money be executed. And furthermore I the said mortgagor, for myself and for my heirs executors administrators etc hereby covenant with the said mortgagee, and her heirs executors administrators and

205 assigns, that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid, in such office or offices as the said mortgage, and her successors, administrators or assigns, shall approve, in a sum not less than two thousand dollars, and that the policy or policies of such insurance shall be assigned and transferred, or shall payable in case of loss to the said mortgage, or her successors, administrators or assignees, as collateral security hereto, and in default thereof, hereby agree that the said mortgage, or her successors, administrators or designs, may effect such insurance in the name of the said mortgage, and her heirs and assigns, payable in case of loss to the said mortgage, and her successors, administrators or assigns, and that the premiums or premiums paid therefor shall be a further charge upon said granite premises secured by these mortgages. In witness whereof, we have hereunto set our hands and seals this 11th day of October in the year of our Lord one thousand nine hundred and nineteen. Signed and sealed in presence of George E. Coone Emma B. Heafe L.S. James E. Heafe L.S. State of Rhode Island County of Washington In Johnston on the eleventh day of October, A.D. 1919 before me personally appeared James E. Heafe and Emma Roone Heafe, husband and wife to me known and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument by them executed, to be their free act and deed. George E. Coone Notary Public Received for record Oct 13th 1919 at 11 o'clock A.M. and recorded by George E. Coone Town Clerk Emma Heafe's Quitclaim Deed to James E. Heafe, having’ received full payment of the sum of two hundred dollars, she hereby quitclaims to the messuages of tenement situated in the Town of Johnston in the State of Rhode Island, said Number 19, as per page 202, lately belonging to her and her husband. And they agreed to furnish she prompt payment of $2,000, and she as the principal sum of bond signed On these premises her hand and seal were hereunto set and sealed the 28th day of May, A.D. 1921. Signed and sealed in presence of Emma B. Heafe R.I. James E. Heafe R.I. L.S. L.S.