6/6/1962 · MORTGAGE · book 38 page 363 doc 7460@38/363

363 of Survivorship and not as Tenants in Common, with QUITCLAIM COVENANTS: Those two certain lots or parcels of land, with a dwelling house located thereon, situated in said Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to wit: Laid out and designated as Lots Numbered 752 and 753 on a "Map of Charlestown by the town, Charlestown, R. I. made and surveyed by A. L. Mills, Civil Engineer, dated May 25th, 1934, P. S. Leighton, Civil Engineer, New Haven, Connecticut," and filed in the office of the Town Clerk of said Town of Charlestown. Said lots being bounded and described as follows: SOUTHERLY : by Dalton Street, as shown on said Map, 50 feet, more or less; WESTERLY : by Lot number 754, as shown on said Map, 100 feet, more or less; NORTHERLY : by Lots number 729 and 730, as shown on said Map, 50 feet, more or less; EASTERLY : by Lot number 751, as shown on said Map, 100 feet, more or less etc. Being the same premises conveyed to the Grantor herein by the Quitclaim Deed of Emma J. Mageau and Bertha E. Mageau of Charlestown, R. I., dated July 1, 1954, recorded in the Land Evidence Records of said Town of Charlestown, R. I., to which deed and the record thereof reference is hereby made and aforesaid the same is hereby made a part of these presents. The above premises are conveyed subject to the following restrictions, as follows, to wit: 1. No business may be conducted on said premises except on lots 24 to 29 inclusive, 61 to 66 inclusive, 807 to 879 inclusive, 935 to 979 inclusive, 1073 to 1079 inclusive, 1080 to 1062 inclusive, 601 to 604 inclusive, and 638 to 641 inclusive. 2. No outside toilets are erected and no second hand material shall be used in any building. 3. That no signs for advertising purposes shall be erected and no second hand material shall be used in any building. 4. That all buildings erected thereon shall be placed and set back not less than 15 feet from street line, providing that where studios, offices, porches and other projections are permitted such structures may be set distance and shall conform to the laws and ordinances of the zoning commission and zoning ordinance, if any, existing of the Town of Charlestown, Rhode Island. 5. That there shall not be erected any portion of said premises any dwelling costing less than $1500.00 until said plans and specifications are approved by the party of the first part for a period of five years from date in writing before any construction shall start. I, CHARLES P. TRUGETTO, hereby covenant that I am single. The consideration for the filing of this deed is such that no documentary stamps are required. WITNESS my hand this last day of June, A. D. 1962. CHARLES P. TRUGETTO STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the first day of June, A. D. 1962, before me personally appeared CHARLES P. TRUGETTO, to me known and by me to be the party executing the foregoing instrument, and acknowledged same instrument, by him executed, to be his free act and deed. MELBA E. MURPHY Notary Public Received for record June 6th, A. D. 1962 at 10:07 o'clock, a. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, That We, JAMES M. MAGEAU and BERTHA E. MAGEAU, son and mother, both of the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter called the Mortgagors, for consideration paid, grant to WESTERLY COMMUNITY CREDIT UNION, a corporation created under the laws of the State of Rhode Island, and having a place of business in the said Town of Westerly, hereinafter called the Mortgagee, with MORTGAGE COVENANTS, to secure the payment of FIVE THOUSAND and 60/100 ($5,000.00) DOLLARS in Ten (10) years with interest at SIX (6%) per centum per annum, payable monthly, as provided in a certain negotiable promissory note of even date herewith, Those two certain lots or parcels of land, together with the buildings and improvements now or hereafter erected thereon, including any portable or sectionable buildings, all screens, storm doors and windows, awnings, stoves, heating, plumbing, gas and electrical fixtures, oil burners, air conditioning units, and other equipment of whatever kind necessary or

364 incidental to the property or use thereof, now located on or hereafter placed upon said premises, prior to the full payment and discharge of this mortgage, all of which are declared to be part of the realty, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to wit: Said lot and designated as Lots Numbered 752 and 753 as shown on "Map of Charlestown" by the Sea, Charlestown R.I., owned and developed by Thomas F. Kelly, Scale 1" = 100' feet, dated May 29th, 1934, signed by Thomas F. Kelly, Civil Engineer, New Haven, Connecticut, and filed in the office of the Town Clerk of said Town of Charlestown. Said lots being bounded and described as follows: SOUTHERLY : by Balton Street, as shown on said Map, 50 feet, more or less; WESTERLY : by Lot Number 754, as shown on said Map, 100 feet, more or less; NORTHERLY : by Lots Numbered 729 and 730, as shown on said Map, 50 feet, more or less; EASTERLY : by Lot Number 751, as shown on said Map, 100 feet, more or less. Being the same premises conveyed to the Mortgagors herein, in and by the Quitclaim Deed of Charles F. Tompkins, of recent date, recorded in Book 35 page 343 of Record in the Land Records of the said Town of Charlestown, R. I., to which deed and the record thereof reference is hereby made and true. Subject to restrictions of record. 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 Mortgagee, as specified in notice of such sale. This mortgage is made subject to those additional agreements and covenants contained in that instrument entitled, "ADDITIONAL COVENANTS OF MORTGAGORS TO WESTERLY COMMUNITY CREDIT UNION," executed hereby by the mortgagors, a copy of which has been delivered by the mortgagors, the exact terms of which are on record in said Town of Charlestown, in the Land Records thereof in Book No. 38 at page 21. 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, I, Oscar J. Mageau, husband of Bertha E. Mageau, one of the Mortgagors herein, release to the Mortgagee all my right of curtesy a d'roit other rights and/or interest, statutory or otherwise in the above described premises. I, JAMES M. MAGEAU, hereby covenant that I am a single. WITNESS our hands this 1st day of June, A. D. 1962. JAMES M. MAGEAU BERTHA E. MAGEAU OSCAR J. MAGEAU STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 1st day of June, A. D. 1962, before me personally appeared JAMES M. MAGEAU and OSCAR J. MAGEAU and BERTHA E. MAGEAU, husband and wife, all to me known and by me known to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. MELVIN E. MURPHY Notary Public Received for record June 6th, A. D. 1962 at 10:05 o'clock, a. m., and recorded by [?] Town Clerk ---- DISCHARGE OF MORTGAGE WESTERLY COMMUNITY CREDIT UNION, the holder of a mortgage by James M. Mageau and Bertha E. Mageau said WESTERLY COMMUNITY CREDIT UNION, dated June 1, 1962 and recorded in the Land Evidence Records of the Town of Charlestown, County of Washington and State of Rhode Island filed in Book No. 38 at page 363-364 having received full payment and satisfaction, hereby cancels and discharges the same; and covenants to and with the payers that said WESTERLY COMMUNITY CREDIT UNION does hereby release the same. IN TESTIMONY WHEREOF, said WESTERLY COMMUNITY CREDIT UNION has caused these presents to be signed and its corporate seal to be hereunto affixed by its President, duly authorized, this 5th day of August, A. D. 1972. WESTERLY COMMUNITY CREDIT UNION By JOSEPH P. CUDINI Its President Executed in presence of: MARLINER SELVIDGE WILLIAM A. CONTURNO Received for record August 10th A. D. 1972 at one o'clock p.m., and recorded by [?] Town Clerk