11/15/1919 · MORTGAGE · book 19 page 229 doc 7259

229 said granted premises unto the said brothers and their heirs and assigns forever. And in witness whereof, we have hereunto set our hands and seals this eleventh day of October in the year of our lord one thousand nine hundred and thirteen. Signed and sealed in presence of George Co. Cross Revenue Clerk Bertha M. Monthrop L.S. William Co. Cross K.I. Louis S. Monthrop L.S. State of Rhode Island County of Washington In Charlestown on the eleventh day of October AD 1913 before me personally appeared Louis S. Monthrop and Bertha M. Monthrop to me known and known by me to be the parties granting the foregoing instrument and they acknowledged said instrument to be theirs freely and sealed, George Co. Cross Notary Public Received for record Nov 18 1913 at 4 o'clock PM. and received by George Co. Cross Town Clerk Know all Men by these presents, that one, Sellie by hull and learnie P. Bull of Smith Manchester in the State of Connecticut hereinafter called the mortgagor, in consideration of Eight Hundred Dollars to be paid by Bertha S. Monthrop, of the City and County of Providence and State of Rhode Island hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby grant, bargain sell and convey unto the said mortgagee and her heirs and assigns forever, a certain tract of black land with a cottery and other improvements thereon situated at Desmonstong Beach in the Town of Charlestown, in the County of Washington and State of Rhode Island, described as follows, beginning at the north west corner at one stone bound with a drill hole in it thirty feet South of old wall; thence running northerly about five fifty feet to another stone bound in said line and continuing in same line twenty nine fifty eight hundredths feet to a board wall; thence

230 To the ocean; thence commencing at the point twenty nine eighty eight hundredths feet from last stone bound and running Easterly fifty two feet to land of Wallace B. Beausby, thence Northerly along said Beausby land to a point five feet east of first mentioned stone bound and thirty feet north of old wall, thence Westerly fifty feet to place of beginning or however otherwise bounded, To have and to hold the aforesaid premises with all the privileges and appurtenances thereto belonging, unto and to the use of the said mortgagee, and her heirs and assigns, forever. And we the said mortgagors, do hereby, for ourselves, and for our heirs, executors and administrators covenant with the said mortgagee and her heirs and assigns that we are lawfully seized in fee simple of the said granted premises, that the same are free from all incumbrances, that we have good right full title and lawful authority to sell and convey the same in manner as aforesaid, that the said mortgagee and her heirs and assigns shall well may possess at all times hereafter peaceably and quietly have and enjoy the said premises, and that her the said mortgagors will, and our heirs, executors and administrators 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 Provided, Nevertheless, that this conveyance is made upon the express condition, that if the said mortgagors their heirs, executors administrators or assigns, shall pay unto the said mortgagee or her executors administrators or assigns the sum of eight thousand dollars, whereas the said mortgagors have made their mortgage promissory note for said aggregate sum, bearing even date with these presents, and made payable by the order of Bertha E. Smith, five years from this date hereof, with interest thereon at the rate of six per centum per annum payable semi annually until said principal sum is paid, whether at or after maturity, and all installments of interest in arrear, whether before or after maturity, to bear interest at the rate aforesaid until paid, and shall pay all tax taxes and assessments of every kind levied or asserted now or in respect of said premises, then this deed, as also said promissory note, shall become 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 time or times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same become payable, or of any other of their,

or of any part thereof, or if breach shall be made of the covenant for payment hereinafter contained, then it shall be lawful for the said mortgagors, their executors, administrators or assigns, to sell, together or in parcels, all and singular, the premises hereby granted or intended to be hereby granted, or any part or parts thereof and the benefit and appurtenances of said premises of the said Nellie M. Bell and Laurie B. Bell and their 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 purchasers or purchasers shall be admissible 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 said Washington county with power to adjourn said sale from time to time, provided that the postponing of said notices shall be continued, together with a notice of the adjournment, or adjournment, at least once each week in the same newspaper and in her or on her own name or names, or as the attorneys or attorneys of the said Nellie M. Bell and Laurie B. Bell for that purpose by this instrument duly authorized and appointed with full power of substitution and counter-curtain to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds of said premises in due form and, to secure the proceeds of such sale or sales and from such proceeds to retain all sums hereby secured, which then due or to fall due thereafter, on the principal sum of them remaining unpaid, and also the interest thereon on the same together with all expenses incident to such sale or sales and for making aforesaid recoveries, and for fees of counsel and attorneys, and all costs or expenses incurred in the pursuit of said process and all taxes, assessments and premiums for insurance, if any, either then paid by the said part mortgagors or their executors, administrators or assigns, or then remaining unpaid, upon said granted premises, answering and paying the surplus of said proceeds of sale if any that be, over and above the amount to be retained as aforesaid, together with a note and particular account of such sale or sales, expenses and charges, to the said Nellie M. Bell and Laurie B. Bell their heirs, executors, administrators or assigns, which sale or sales, made as aforesaid shall henceforth be a perpetual bar both in law and equity against the said Nellie M. Bell and Laurie B. Bell their heirs, executors, administrators and assigns, and all persons claiming said premises, so sold, by, from or under them or any of them. And we the said mortgagors, for ourselves and for our heirs, executors administrators

232 and assigns, hereby covenant with the said mortgage, and her heirs, executors, administrators and assigns, that we will upon request execute such deed or deed confirming of said sale or sale at may be required. And furthermore, we the said mortgage, for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said mortgage, and her executors, administrators and assigns, that insurance against loss by fire shall be kept and maintained on the premises aforesaid, in such amount, in such offices or offices at the said mortgage, and her executors, administrators or assigns, shall approve, in a sum not less than eight hundred dollars, and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said mortgage, or her executors, administrators or assigns as collateral security hereunto, and in default thereof, hereby agreeing that the said mortgage, or her executors, administrators or assigns, may effect such insurance in the name of the said mortgage, made upon her heirs and assigns payable in case of loss to the said mortgage, and her executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises, secured by this mortgage to us. In witness whereof, we have hereunto set our hands and seals this 1st day of December in the year of our Lord one thousand nine hundred and nineteen. Signed and sealed in presence of Henry M. Burke Lizzie B. Bull L.S. Geo. S. Burt Willie M. Bull L.S. State of Connecticut County of Hartford Ss. In Manchester on the first day of December A.D. 1919 before me personally appeared, Willie M. Bull and Carrie B. Bull to me known to be the parties executing the foregoing instrument and each acknowledged said instrument, before their executors, to be their free act and deed. Henry M. Burke Notary Public my commission expires February 1, 1923 Received forecast November 15th 1919 alt. 05 octob. pto. 10 or said note paid by George B. Loomis from Beloit Having received full payment and satisfaction of the note secured by the above mortgage both principal and interest I hereby cancel and discharge the same Witness my hand and seal this 24 day of July 1924 Bertella M. Moorehouse f.