1/24/1962 · MORTGAGE · book 38 page 235 doc 7301@38/235

235 PARTIAL RELEASE of MORTGAGE KNOW ALL MEN, that the WASHINGTON TRUST COMPANY, a Rhode Island corporation, located and having its principal office and place of business in the Town of Westerly, County of Washington, State of Rhode Island, the holder of a mortgage by Robert N. Mills, Jr. and Ida N. Mills, husband and wife, both of the Town of "Charlestown," County of Washington and State of Rhode Island, said the Washington Trust Company, dated May 13, 1960 and recorded in Book No. 37 at page 229 and 37, for consideration paid, release to said Robert N. Mills, Jr. and Ida N. Mills all interest acquired under said mortgage in the following described portion the mortgaged premises: That certain lot or parcel of land situated in the Town of Charlestown, County of Washington in the State of Rhode Island, it being the same premises conveyed to said Robert N. Mills, Jr. by deed dated August 1, 1959, recorded in Book No. 3, page 111, [?] I. S. scale 1 inch = 100 feet Nov. 5, 1959, by A. Emerson, Civil Engineer, recorded in Book No. 37, page 3, a copy of which is annexed hereto and made a part hereof, all the right, title and interest of way and easements as now existing on run with the vacation, their grantees, tenures heirs and assigns, to and upon reposs and on foot with in the vacation said parcel being a parcel herein conveyed, which rights of way and easements are hereby released and shall be co-extensive with whatever rights of way and easements the grantors now have and enjoy from said foot path said parcel being hereby conveyed and subject to such rights of way and easements as are now existing on the parcel hereby conveyed and in rights of way and easements shall be appurtenant to the parcel hereby conveyed. Subject to restrictions of record, and subject to any existing easements granted for power and phone lines. The above described premises being a portion of the premises conveyed to the said Robert N. Mills, Jr. and Ida N. Mills, Jr. by deed to Philip R. Howard, dated August 1, 1959, recorded in the Land Evidence Records of the Town of "Charlestown," R. I. in Book 36 at page 311, which tract is a portion of the "Fourth" tract as said Philip R. Howard conveyed to said Robert N. Mills, Jr. by deed dated May 13, 1960 and recorded in Charlestown Land Evidence Records in Book 37, no page 229 and 37. But this release shall not in any way affect or impair the right of the Washington Trust Company to hold under the said mortgage and as security for the sum remaining due therein, or to sell, under the power of sale in said mortgage contained, all the remainder of the premises therein conveyed and not hereby released. IN WITNESS WHEREOF, said the Washington Trust Company has this 22nd day of January A. D. 1962, caused this Instrument to be executed by its Treasurer in these premises duly authorized, and its corporate seal hereunto affixed. In Presence of: Robert B. Ferry THE WASHINGTON TRUST COMPANY (Corporate Seal) By Raymond H. Holberton Its Treasurer STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 22nd day of January, A. D. 1962, before me personally appeared the abovementioned Raymond H. Holberton, the Treasurer of said Washington Trust Company, to me known to be the party who executed the foregoing instrument for and on behalf of said The Washington Trust Company, and he acknowledged said instrument by his executed, in his said capacity for and on behalf of said The Washington Trust Company, to be the free act and deed of said The Washington Trust Company, and his own free act and deed as well. LILLIAN M. BUXBY (Notarial Seal) Notary Public. Received for record January 22nd, A. D. 1962 at 1:00 o'clock, p. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED KNOW ALL MEN by THESE PRESENTS, That I, HAROLD THURMAN PROSSER, Jr. of the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter called the mortgagor, for consideration paid, grant to THE WASHINGTON TRUST COMPANY, 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 TEN THOUSAND and 00/100 ($10,000.00) Dollars, with interest thereon at the rates specified in a certain negotiable promissory note of the mortgagor of even date herewith, said principal and interest being payable in monthly

236 installments of SEVENTY-ONE 65/100 ($71.65) Dollars each on the 23rd day of each successive month commencing February 23, 1962 until said principal and interest are paid in full, all 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 and rights thereunto belonging or in any wise now or hereafter appertaining, together with and including as part of the realty, all heating 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, County of Washington and State of Rhode Island, and bounded and described as follows: Beginning at a point on the northeasterly side of the State Highway, commencing said the "Point Road", at the southerly end of a stone wall that extends in a general northerly direction; said point of beginning being approximately 331.00 feet westerly of the southeasterly corner of premises now or formerly of Richard W. Rocheguy et ux whose boundary runs northeasterly along said stone wall a distance of 200.00 feet to a point; thence running south 81 deg. 15 min. east a distance crossing a distance of 100.00 feet; thence turning a right angle and running southerly a distance of 200.00 feet, more or less, or until it meets the boundary of the premises of the mortgagor; thence running westerly a distance of 100.00 feet to the point and place of beginning, or until it meets the State Highway; thence running northerly along the State Highway, then northerly and easterly by land now or formerly of Luna W. Prosser and southerly by said State Highway. Together with a right of way 20.00 feet in width, extending northerly from said State Highway, and bounded westerly by the above described premises across other premises of Luna W. Prosser, in common with others. Being the same premises conveyed to the mortgagor herein by Luna W. Prosser by Deed dated June 24, 1960, recorded in the Land Evidence Records of the Town of Charlestown, R. I. in Book 36, page 37, being a record copy. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE, provided, however, that a foreclosure may be held ab initio or premises at the option of the mortgagee, as specified in the notice of sale. This mortgage is made subject to other additional agreements and covenants contained in that instrument entitled ADDITIONAL COVENANTS OF MORTGAGOR TO THE WASHINGTON TRUST COMPANY executed herein by the mortgagor, a copy of which is attached hereto and made a part hereof, the record of which said instrument is recorded in the Town of Charlestown, R. I., in Land Evidence Records Book 34, at pages 369 and 370. Said agreements and covenants are by reference made part of this mortgage, and if any default shall be made with respect to the above described premises pursuant to said additional covenants of sale. And for the consideration aforesaid, I, Jeanette L. Prosser, wife of the mortgagor release to the mortgagee all my right of dower and other all rights, statutory and otherwise, in the aforementioned premises. WITNESS our hands this 23rd day of January, 1962. Executed in presence of Lillian M. Ruiz HAROLD THURMAN PROSSER, JR. JEANETTE L. PROSSER STATE OF RHODE ISLAND County of Washington In Westerly, on the 23rd day of January, 1962 before me personally appeared the above named HAROLD THURMAN PROSSER, JR. and JEANETTE L. PROSSER, husband and wife, both to me known and by me to be the parties execute Prosser, and they severally acknowledged said instrument by them executed to be their free act and deed. LILLIAN M. RUIZ (Notarial Seal) Notary Public Received for record January 24th, A. D. 1962 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk ---- DISCHARGE of MORTGAGE THE WASHINGTON TRUST COMPANY, of Newport, Rhode Island, having received full payment and discharge satisfaction of the within mortgage, recorded in the Records of Land Evidence in the Town of Charlestown, R. I. in Book Number 38, Page 235-236 dated January 24, 1962, said mortgage is hereby paid and satisfied. IN CORPORATE SEALED, said Company has caused these presents to be signed and its Corporate Seal to be hereunto affixed by Raymond M. Holberton its Treasurer duly authorized, this seven day of April A. D. 1965. Signed and sealed in presence of: Louis J. Luzzi THE WASHINGTON TRUST COMPANY (Corporate Seal) By Raymond M. Holberton Its Treasurer Received for record April 7th, A. D. 1965 at 11:10 o'clock, p. m., and recorded by [Signature] Town Clerk