9/27/1923 · LEASE · book 21 page 55 doc 7715

575 all as provided in a promissory note of even date herewith and, also to secure the performance and observance of all covenants and agreements herein contained, That real estate, together with all buildings and improvements now or hereafter erected thereon, and all plumbing, heating, lighting and other fixtures, equipment and articles now or hereafter attached thereto, situated in the Town of Charlestown, Rhode Island, and described as follows: That land, with all buildings and improvements thereon, situated in Charlestown, Rhode Island, on Elizabeth Cooper Drive, and described as Lot 23 (Twenty-three) on "Plan of Twelve House Plate of Land in the Town of Charlestown, R. I.," Prepared by Surveyor Cooper, surveyed in May 1959, 30" = 100', Arthur L. Connell, Registered Civil Engineer." Said plat is recorded in "Deed Book 37, between pages 174 and 175." Together with the right in common with others, to use for the purpose of parking a motor vehicle at any time, and as often as desired, that lot at Charlie-Run Beach designated as Lot 6 (Six) on "Sketch Plan in the Town of Charlestown, R. I.," Surveyed and Drawn in April 1957, Leon L. Holland Civil Engineer." Said plat is recorded in Deed Book 23, page 71. Subject to restrictions of record, and to a prior mortgage to Fairhaven Credit Union. This mortgage is made subject to the STATUTORY POWER OF SALE, provided, however, that publication of notice of a foreclosure sale may be made alternatively in a public newspaper published in the City of Providence, and that a foreclosure sale may be held upon the premises or else- where at the option of the mortgagee, as specified in said notice. The mortgagors make the following additional covenants and agreements: That the mortgagors shall keep the mortgaged premises covered by insurance in such form and in such company or companies as shall be satisfactory to the mortgagee in an amount approved by the mortga- gee, and including insurance against such casualties and contingencies as the mortgagee shall require. That all policies of insurance shall be made payable in case of loss to the mortgagees. That the mortgagors shall keep all buildings upon the mortgaged premises in good repair, and shall not cause or permit waste, dilution, or removal. That in the event that the title to all or any part of the mortgaged premises shall for any reason pass from the owner of said premises without the written consent of the mortgagees, then mortgagees, may, at its option, immediately declare the entire debt due and payable. Notice of the exercise of any option granted herein, or in the note secure hereby, is not required to be given. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. And for the consideration aforesaid we, JOSEPH GABRIEL and wife IRENE T. GABRIEL release to the mortgagee all our right of curtesy and dower and all other rights, statutory or otherwise, in the afore- described premises. WITNESS our hands this 9th day of November 1962. Executed in presence of H. S. Wiley JOSEPH GABRIEL IRENE T. GABRIEL STATE OF RHODE ISLAND County of Providence In Pawtucket on the 9th day of November, 1962, before me personally appeared the said JOSEPH GABRIEL and wife IRENE T. GABRIEL 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. "S. KONKOR WILEY Notary Public Received for record November 9th A. D. 1962 at 2:32 o'clock, p.m., and recorded by [Signature] Town Clerk DISCHARGE OF MORTGAGE The undersigned, having received full payment and satisfaction of a certain mortgage recorded in the records of the land evidence in the Town Hall of Charlestown, Rhode Island, in Book Number 38 at page 574 hereby cancel and discharge the same. And I covenant to and with the person making said payment that I am not the present owner of said premises. In WITNESS WHEREOF, I hereunto set my hand and seal this 10th day of May A. C. 1965 [Signature] John E. Walker, Jr. Irving M. Walker Irene L. Walker Signed in presence of ) Received for record May 17th, A. D. 1965 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk

with said railroads owned by the Railroad company, and Whereas, the railroad company caused in time to time more fertile acquired the railroads and properties of other companies and had merged into the corporations those railroads and properties it had acquired, and Whereas, therefore the Railroad company has secured and received and has assumed by merger or consolidation with the original and principal obligors, certain outstanding obligations, hereinafter mentioned, and therein notes, made, or was assumed promises and covenants secure thereto; and Whereas, by the laws of the state of Connecticut and Massachusetts the Railroad company is required to secure within the limits of any mortgage by it executed, on its assets, with any other indentures secured or it assured up such mortgage, all bonds, debentures, notes and other evidences of indebtedness previously issued and then existing in which the Railroad company is the maker or promisor except as assumed through merger or consolidation with the owners and principal obligors except outstanding bonds notes or other evidences of indebtedness while and so long as the same are in accordance with any promises contained therein, secured by another such mortgage, and obligations which by their terms are excluded from the benefits of any such mortgage; and Whereas certain portions of the entire roads and properties owned by the Railroad company, and hereinafter mortgaged, are now subject to the terms of certain indentures of mortgage or deeds of trust executed and received by corporations now merged with and into the Railroad company and severally securing the bonded indebtedness of such merged companies and Whereas the Railroad company, for itself and for any successor corporation, desires to provide for the funding and extending of its witnessed notes to the United States for the settlement and extending at or before maturity of the bonded indebtedness secured by, all or any of such indentures aforesaid for the payment more or less of any of such indebtedness of itself and of its successors or its predecessor company and wishes to provide money for the investment in improvement and settlement of the railroads and properties owned by or leased to it or a successor corporation for the purchase acquisition of other railroads or of the stocks, bonds and property of others companies, owned for other specifications for its corporate purposes hereinafter specified and wants to make provisions to that end but the execution and delivery of this indenture of mortgage or deed of trust upon the

railroads, properties and franchises of the Railroad company, hereinafter more fully described, and of the issuance of bonds thereunder in such amounts, as may be from time to time authorized by the stockholders at not more than gross of the total amount hereinafter provided in this indenture provided, and subject to any necessary approval required pursuant to any state or federal statute, and "I/Weas, the Railroad company is authorized to execute this mortgage and to issue bonds thereunder under the laws of the state in which it is incorporated, especially in this connection owing to chapter 303 of the revised laws of 1850 of the commonwealth of massachusetts passed june 1st 1845 to chapter 339 of the statutes acts of the general session 1845 of the revised statutes of the state 50 section stated "that any corporation chartered by the laws of New York, New Haven and Hartford Railroad company" approved may 11th 1845 "and to a private act of the general assembly of the legislature of 1845 as amended, instituted now in the amendment made in and section 8th Act authorized "that Art. 10 be incorporated the New York New Haven and Hartford Railroad company a corporation in this state based in the General Assembly at every annual session No. 184 3rd sec. March 29th 1845" and, Whereas, at a special meeting of the stockholders of the Railroad company, held at its principal offices in the county of New Haven, Connecticut on November 11, 1930, said meeting being an adjournment of the special meeting duly called and held at said office in election 11 November, 1930, a quorum being present, the consent of the said indenture and their authority for its execution, acknowledgment and delivery of this mortgage or deed of trust to the party of the second part and its respective successors in trust as outlined, and for the execution and delivery of the bonds first the forenamed to be issued and freely to be secured with the commitments hereto related, more fully given by resolution copies of which are hereto attached; and Whereas, at a meeting of the Board of directors of the Railroad company, duly held pursuant to a notice, at the offices of the Railroad company in the city of New York on November 23, 1930 a quorum being present Hereof from First and Refunding Mortgage and the first series hereinafter mentioned, was approved and authorized as resolution duly adopted copies of which are hereto attached; and "I/Weas, pursuant to Section 20a of the Interstate commerce act the Interstate commerce commission has duly authorized the issue of as forthright described under the provisions of sections 2 and 3 of Articles Three of this Indenture; and I/Weas, the bonds to be issued under this Indenture are to be issued in several series, being substantially identical, with one another in tenor, and are to become due at such times and dates and bear interest at such rates as to each particular series as from time to

58 tions the Board of Directors of the Railroad Company may fix and determine, as it may be referred in the case of each particular series, payable at any time, in such notes as treasury securities series as may be so determined and recommended by the Board of Directors of the Railroad Company; and that in the case of particular series, in the issue thereof, may be made either with or without security, at the option of the Railroad Company, or subject to the approval of the interstate commerce commission or any other necessary approval required pursuant to any present or future statute in any jurisdiction thereof, may be made conversely. But the redemption of the bonds thereof, into the capital stock of the Railroad Company, or a successor corporation resulting from redemption or conversion of the same, in such manner and on such terms and on such after such date as from time to time for each particular series may be determined by the Board of Directors of the Railroad Company and described in the plan of such series; and that, and that, and that of the entirety of any particular series as may be deemed expedient by the Board of Directors of the Railroad Company (a) may be issued in denominations of $1,000, $5,000 and $10,000 or more, payable as to principal and interest in the Borough of Manhattan, City of New York, in gold coin of the United States (b) may be issued in any denomination, as may be required by the Board of Directors of the Railroad Company with respect to each particular series at the time of authorizing the issue (c) the payments as to principal and interest or both, in countries other than the United States in the currency of such other countries other than the United States in the currency of such other countries respectively, or, at the option of the holders, in any such other country or countries in the currency thereof, or at the Borough of Manhattan, City of New York, in gold coin of the United States in each and all of such cases aforesaid where payment pay meant in gold coin of the United States is provided for, payable in such amount equal coin to be at such fixed rate of exchange as from time to time and for each particular series may be determined by the Board of Directors of the Railroad Company, and as shall be expressed in said bonds and in the election of the Railroad Company, any of such bonds, and their apportionment coupons, payable in the currency of such other countries, may be expressed also in the language of such other countries, the English text however, governing the construction thereof and both texts constituting a single obligation; and that Registered bonds without coupons payable only in gold coin of the United States shall be expressed in the English language only and shall be of the denomination of $1,000, th, or of any multiple

thereof from time to time may be authorized by the Board of Directors of the Railroad Company), and Marked, the relative text of company bonds and the coupons to be attached thereto, and of certified bonds without printing unless determined otherwise by the Board of Directors or to be subsequently in the following form respectively, the proper amount, seals and numbers to be inserted therein, and appropriate issuing clauses to be written to be made in respect of said bonds and coupons, as may be authorized by the Board of Directors of the aforesaid company, to provide for the convertible terms of such bonds (if convertible), the redeemable terms of such bonds (if redeemable), to specify terms and conditions upon which said bonds are to be paid in foreign currencies or in foreign countries (if by their parcels), to provide the terms and conditions to exchangeability into other [stocks or bonds etc], and is in turn respects to specify the terms and conditions upon which such bonds are issued as required by this indenture, or any indenture supplementary thereto, as authorized by their warrants. [Form of Company Bond] $ .................... series E United States of America, The New York, New Haven and Hartford Railroad Company First and Second Mortgage Gold Bond. Per Cent. The New York, New Haven and Hartford Railroad Company, hereinafter called the Railroad (or company), a corporation of the State of Connecticut, Rhode Island and Massachusetts, for value received, hereby promises to pay to bearer or to whom this bond is required as hereinafter provided, seen to the specified holder thereof on the brokerage of [name of broker] City of New York, New York, at the office or agency of the Railroad Company, the sum of [Dollars (....)] in gold coin of the United States of America if equivalent to the present interest standard of purity and fineness, and to pay interest thereon from the date hereof until the sole at per centum (....%) per annum in like coin at said office or agency of the Railroad Company in the city of New York, remedyably, on the first day of [....] and the first day of [....] in each year until the payment of said principal sum but only upon presentation and surrender of the coupon therefor thereto attached as

60 they severally mature, This bond is one of the first and refunding Mortgage Gold Bond Coupons and registers of the Railroad company, issued and to be issued in one or more series, under and pursuant to, and all solely and jointly and severally secured (together with other obligations as therein set forth) by an indenture of mortgage or deed of trust dated [blank] 1894 duly secured and delivered by the Railroad company to Bankers Trust company, a corporation of the state of New York, as trustee mortgaging and pledging to the trustee all the corporate rights, properties, privileges and franchises as we and our successors shall hold, in which indenture and any and all supplements thereto, reference is hereby made for all statements of the properties, rights, privileges and franchises mortgaged and pledged as said trustee or its successors, the nature and extent of the security and the equity of the bondholder and of the trustee in respect of which security. The aggregate principal amount of bonds which at any time may be issued and outstanding under said indenture is limited to an amount which together with all other then outstanding bonds, notes and other evidences of indebtedness of the Railroad company is secured or intended to be assumed, such mortgage clauses be it of the capitalized stock of the Railroad company or of a successor corporation, as defined in said indenture actually paid in. If defaulted in, made void by the Railroad company, or an act declared, or as in said indenture provided, the principal of this bond and of all other interest bearing obligations then existing under said indenture may be declared due and payable in the manner and with the effect provided in said indenture, this bond is a corporate obligation of The Railroad company and no person or persons, whatever, whether directly or indirectly as trustee, receiver or assignee, shall be liable save only with their private properties, assets or offices of the Railroad company for the payment of the principal and/or interest hereon, all individual liability of whatever kind or nature of such trustees, directors and officers more over, is hereby waived saving any, by any statute or otherwise, binding, by the acceptance of this bond invested by the holder hereof. This bond shall pass by delivery without registered in the company books in the name of the Railroad company at its office in the City and County of New Haven, State of Connecticut, or at its agency, in the Borough of Manhattan, New York City, New York such registration being made only by the Secretary or the Assistant Secretary of the Railroad company, after which no transfer shall

be valid unless made in paid in both in this and unless, noted in the bond as the manner described in said indenture; it may be discharged from its obligation by being transferred in like manner to some other, thereby releasing from responsibility its previous mortgagor, and from time to time, it may be registered or discharged from registration, such registration shall not affect the negotiability of the entire coupon, which shall continue to be an evidence of the delivery, payment and payment thereof shall fully discharge the Railroad company, both as to the interest therein mentioned, whether printed or to be registered, the holder of this bond, as described in said indenture has the right to surrender the same, if he shall in any manner come into possession supervising its execution and to receive in exchange a similar bond, the coupons of the first series, if same series, Registered or not, as provided in said indenture, may either be delivered for compensation as it may come to us in our separate branches’ accounts or remaining as unredeemed coupons. This bond and the interest coupons appertaining thereto shall not be valid or subsidiary for any purpose unless commemorated and authenticated by the signature of the certificate named near the Parkhurst Trust Company, or its successor in trust, I witness, In witness whereof, the New York, New Haven and Hartford Railroad company has caused this to be signed by its President or a Vice President, and by its Treasurer or an Assistant Treasurer, and its corporate seal to be affixed hereunto, and coprime for interest bearing the permissible nature of its Treasurer to be attached hereto, Dated at New Haven, Connecticut this ___ day of A.D. 19 __ Seal New York, New Haven and Hartford Railroad Company. By President Assistant Treasurer. L Form of Interest Coupon No. ___ series --- On the ___ day of ___________, 19__, the New York, New Haven and Hartford Railroad company will pay to bearer at its office or agency in the Borough of Manhattan, City of New York Dollars (... ) United States gold coin of the standard quoting long term the interest then due on its First and Refunding ___ Office gold Coin Bond series --- /s --- Treasurer.

62 [ ... ] [ Form of Related 1st and Subsequent Coupons ] Series: United States of America I promise to pay the New Haven and New York Railroad company First and Refunding Mortgage Gold Bond ... Per Cent The New Haven and New York Railroad company (incorporated under the laws of the State of Connecticut) a corporation in the State of Rhode Island and Providence Plantations for its value, estate, ... or registered assigns, ... to pay to ... in the city of New York, city of New York, ... on the ... day of ..., ... year, the Railroad company the sum of ... Thousand Dollars ($ ...), in gold coin of the United States of America or so equivalent to the present standard of weight and fineness, and to pay interest thereon at the rate of ... per annum, payable to the registered holder hereof, in the gold coin at said office or agency of the Railroad company in the City of New York, New York, half-annually, on the first day of ... and the first day of ... in each year un- til the payment of said principal sum. This bond is one of the First and Refunding mortgage Gold Bonds (confor- med and quoted) of the Railroad company, issued and to be issued, in one or more series, under and pursuant to and solely and solely, sealed security (together with other obligations as herein set forth) upon an indenture of mortgage or deed of trust dated ... 192..., duly executed and delivered by the Railroad company to the Bank New York Trust company, a corporation of the State of New York, as Trustee, mortgaging and pledging to the Trustee all the certain rights, properties, privileges and franchises as in said indenture set forth, to which indentures, and any and all supplements thereto, reference is hereby made for a statement of the properties, rights, privileges and possessions, mortgaged and pledged to said Trustee or to necessitate the nature and extent of the security and the rights of the bondholders and of the Trustee in respect of such security. The aggregate principal amount of bonds which at any time may be issued and outstanding

man said indenture is limited to an amount which brothers with all other instruments outstanding in notes, notes and other evidences of indebtedness of which the Railroad Company is the maker or on which it has assumed, shall not ex- ceed twice the amount of the capital stock of the Railroad as once stated of a successive examination, comprised as referred in said indentures, otherwise said in, if default is made by the Railroad company or any court decree as in said indentures provided, the principal of this bond, and of all other interest owing thereupon their secured by said indentures, may be declared due and payable in the manner and with the effect prescribed in said indenture. This bond is a corporate obligation of the Railroad company only and in no person whatever, whether citizen or foreigner any trustee, receiver or assignee, though it is signed by any past, present or future president, secretary or officer of the Rail- road company for the payment of the principal of this bond, or interest thereon, all individual liability of stockholders bond c.u. matter of such stockholders, directors and officers now existing under, nor hereafter existing any law, any statute, or theorem voiding, by the acceptance of this bond, waived by the notion hereof. I forward it transferred by the registered owner named herein in person, or by his duly authorized attorney, on the works of the Railroad company, act its office in the city and county of New Haven, in the state of Connecticut or at its agency in the Borough of Manhattan, New York City, New York. Upon surrender and cancellation of this bond, and therefore a new registered bond or a note without coupons for an equal aggregate principal amount, having accrued thereon to the same nominal maturity of coupons’ interest as are endorsed hereon, will be issued to the cancelled in exchange herefor, the registered owner of this bond, as provided in said indenture, has the right to surrender the same for coupons and to receive in exchange therefor a coupon bond or bonds of the same series to an equal aggregate principal amount and having attached all coupons maturing on and after the next ensuing interest date and paying the series number or numbers endorsed thereon, such a bond bearing all our matured coupons as provided in said indentures, may likewise be exchanged for registered bonds, without coupons of the same series to an equal aggregate principal amount. This bond shall not be valid or obligatory for any purpose unless countersigned and authenticated by the execution of the certificate insured hereon by the Bankers Trust Company or its successor in Trust as Trustee. In witness whereof the New York, New Haven and

64 The Hartford Railroad company, has caused this bond to be signed by its President or vice President, and by its treasurer or assistant treasurer, and its corporate seal to be hereto affixed. Dated at New London, Connecticut this [blank] day of [blank], A.D. 19[blank]. The New York, New Haven and Hartford Railroad company. By [Signature] Vice President [Signature] assistant treasurer L Form for Transfer ] For value received [blank] hereby rec'd, assign and transfer unto [blank] the principal of the within bond together with the accrued interest thereon, hereby irrevocably constituting and appointing [blank] attorney to transfer the said bond on the [blank] day of [blank] of the within named Railroad company, with full power of substitution in the premises, Dated [blank] In the presence of [blank] that every coupon once, and each of said registered bonds without coupons is to be authenticated by the under- mentioned trustee or a certificate signed by the trustee, which said certificate shall constitute the controlling note of issue certifying that this bond is one of the bonds described in this indenture, such certificate upon any such bond executed on behalf of the Railroad company, says to be conclusive evidence and the only evidence that the owner of so certified is entitled to the security and benefits of the indenture, and such bond is to be deemed secured by this indenture or no certificate shall be obligatory for any purpose until such certificate shall have been signed by the trustee, or by its successor appointed thereafter, which said certificate is to be satisfactorily of the following form: L Form of Trustee's certificate ] This bond is one of its issue of bonds of the series designated therein, described in the within mentioned indenture Bankers Trust Company 18y. and otherwise, all acts and things heretofore mentioned by law or by the charter and amendments thereto and the by-laws of the Railroad company necessary or proper

65 To make this indenture, and all of the powers authorized by the laws of the state of Rhode Island provided now included, the valid and binding indenture and obligations of the Railroad company, have been signed and been confirmed. I Theo Pillsbury, this indenture witnesseth, that in order to comply with the laws of the state of Connecticut and Massachusetts, with respect to including in this indenture and securing hereby, on equal terms with the bonds to be issued hereunder and to be secured by this mortgage, all leases, indentures, notes and other evidences of indebtedness previously issued and now outstanding of which the maker or which has assumed through merger or consolidation with the original and principal obligor while and so long as the same is accordance with any promises contained herein are not renewed by another distinct mortgage, in order to secure the payment of principal and interest of all bonds at any time issued and outstanding under this indenture and all of such leases, notes and other evidences of indebtedness according to their terms and effect and the performance of all covenants and conditions in this indenture contained, but due to closure the terms and conditions upon which the bonds issued under this indenture are to be issued and received. This New York New Haven and Hartford Railroad company, party of the first part in consideration of the premises and of the purchase and acceptance of bonds issued by the following thereof, and of the sum of one dollar to be paid by the trustee, at or before the execution and delivery of these presents, the receipt whereof is hereby acknowledged, has executed and delivered this indenture, and has bargained, bargained, sold, released, conveyed, assigned, transferred pledged and set over one and by these presents does grant bargain, sell, release, convey, assign transfer, pledge and re-deliver, subject to the priority of liens of the several mortgages upon separate portions of lines of railroad hereinafter mentioned and the receptions affects made upon, near upon, in the trustee, party of the second part, and to its sole successor in the trust will and to their assigns forever, all its right title and interest in and to the following described lines of railroad owned by the Railroad company and located in one or more of the states of Connecticut, New York, Utah and Rhode Island and the commonwealth of Massachusetts, a. railroads on which this indenture is a first lien (approx. 120 miles more or less), 1. Main line of railroad extending from Woodlawn, New York through New Haven, Connecticut to Springfield Massachusetts, 121.50 miles more or less, 2. Main line of railroad extending from east dover Junction, New Haven, Connecticut to New London, Connecticut 48.5 miles more or less, 3. Line of railroad extending from Massachusetts Connecticut state