8/7/1924 · MORTGAGE · book 21 page 328 doc 7815

328 tenants, and that I the said executors will, and my heirs, executors and administrators shall warrant and defend the same to the said grantee and his heirs and assigns as in power against the lawful claims and demands of all persons. "And for the consideration that I and George W. Webster, husband of the said Lucy N. Webster do hereby convey and quit claim my right of entry in and to the said quarter premises into the said Lucy N. Webster and her heirs and assigns, forever. In witness whereof we have hereunto set our hands and seals this 1st day of August in the year of our Lord one thousand nine hundred and twenty four. Executed in the presence of [signatures] Lucy N. Webster L.S. George W. Webster L.S. State of Rhode Island County of Washington On this day on the 1st day of August A.D. 1924 before me personally appeared George W. Webster and Lucy N. Webster, to me known and known me to be the parties appealing the foregoing instrument and hereby acknowledged said instrument, by their signatures, to be their free act and deed. [signature] Notary Public Received for record August 7 1924 at 3-30 o'clock P.M. and I received my fees $ 2.50 & off commanded K. M. W. All, M.N.L by these presents, That I William B. Rathbone of the town of Charlestown, County of Washington and state of Rhode Island, hereinafter called the mortgagor, in consideration of one thousand (1000) dollars to be paid by Lucy N. Webster of the said town of Charlestown, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do convey grant, promise bargain sell and convey unto the said mortgagee, and her heirs and assigns forever a certain piece of land situated in Charlestown, County and State aforesaid containing fifty six 1/2 more or less, with dwelling house and other buildings thereon, situated on the North side of the East Road, as called, and is bounded North by

By land of John Williams, et al; easterly by land of said Williams, et al, land Past Road; southerly by Past Road and westerly by land of Frank M. Smith and the brook and pond, specifying however that three lots nexts within the above described parcel, each containing one half acre more or less, one of which was deeded to Jennie M. lean and the other to Mona Brown by said Henry G. Webster and both of which are bounded on the south by the Past Road, also a lot of land containing 30 square feet 48 feet wide, rear side being lots numbered 5 and 7 on plat of division of the real estate of Samuel Dewey deceased, giving the same premises deeded to this mortgage by the mortgagor herein by deed of conveyance dated november, to have and to hold to the mortgagor and his heirs with all the rights privileges and appurtenances therunto belonging unto and to the use of the said mortgagor and her heirs and assigns forever. And 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 aforesaid premises, that they are free and clear from all incumbrants whatsoever that I have good right full power and lawful authority to sell and convey the same in manner as aforesaid that the said mortgagee and her heirs and assigns shall quietly possess all these premises at all times whatever peacefully and quietly have and enjoy the said premises and that the said mortgagor will sell and defend the same to the said mortgagee and her heirs and assigns against the claims of all persons of all justs and against the consideration aforesaid; & elizabeth R. Catherine wife of the said William R. Kestnall do hereby attest as the wife of my husband in order to induce the said mortgagee unto the said mortgage and her heirs and assigns as follows: [signed] Elizabeth R. Kestnall And this conveyance is made under the above specified conditions, that of the said mortgage or his heirs whoever appointed nominated or designated shall pay unto the said mortgagee or her representatives administrators etc. the sum of five thousand dollars which is the principal sum of the mortgage for which the said mortgagor has executed this mortgage promissory note for said amount some money were paid with small increments and callable payable in the office of Henry G. Webster in downward with interest calculated at the rate of six(6)% per section her annum payable semi annually in advance until paid finished sum in full, whether at or after maturity, and all until amounts of interest in arrears whether before or after maturity, to be paid interest at the rate aforesaid until paid, and shall also pay all taxes and assessments of any kind levied or assessed upon or in respect of said premises, from this day,

330 is 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 accrued, as the same become payable, of any or either of them, or of any mortgage interest, or if occasion shall be made of the employment for insurance premiums explained, then it shall be lawful for the said mortgagee or assigns, successors, administrators, or assigns, to sell, convey or in otherwise dispose, and convey more, the premises hereby mortgaged and intended to be granted, to any person or persons whatsoever, and the vendor and by any act or writing of the said mortgagee and not with process, executions, broad assignments, foreclosures subsequent or writs of attachment upon the premises will to sell and convey the premises or premises to any such sale (and others purchasers or purchasers) had reasonable satisfaction in the application of the purchase money) first giving notice of the time and place of sale be publishing the same at least once each week for three successive weeks in the preceding daily linen, daily newspaper published in Providence, Rhode Island, with power to adjourn such sale from time to time, provided that the publishing of said notice shall be continued, for other with a notice of the adjournment or adjournments, at least once each week in the same newspaper, and in his or her own proper name, or names, or as the attorney or attorneys of the said mortgagee or their assigns for that purpose be fully invested and authorized and appointed with full power of substitution and revocation), to make, seal, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds of said premises in fee simple and to receive the proceeds of such sale or sales, and from such proceeds to satisfy all sums thereby recovered, whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interest then due on the same, together with all differences incident to such sale or sales, or for making deeds necessary, and for fees of counsel and attorneys and all costs and expenses incurred in the special aforesaid power, and all taxes, assessments and improuments for insurance or any other liens for which paid by the said mortgagor his executors, administrators or assigns, or then remaining unpaid upon said granted premises pending and paying the surplus of said proceeds of sale if any there be, over and above the amount so to be retained as aforesaid, together with a true and particular account of said sale or sales, expenses and charges, to the said mortgagor or her heirs, executors, administrators or

331 arrays, which sale or sale made as aforesaid shall forever be a perpetual bar both in law and equity against the said mortgagor his heirs, executors, administrators, and assigns, and all persons claiming said premises, so sold by him or under him through time or any of them; and the said mortgagor, for himself and for his heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and her heirs, executors, administrators and assigns, that he and they will upon request execute such deed or deed confirmatory of said sale or sales as may be required. And furthermore, I the said mortgagor, for myself and for my heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and her executors, administrators and assigns that the insured amount hereby for the premises shall be kept and maintained on the buildings for the premises covered in such offices or offices as the said mortgagee, and her executors, administrators or assigns shall appoint, in sums not less than ten thousand dollars coffers, and that the policy or policies of such insurance shall be assigned and transferred, or otherwise payable in case of loss, to the said mortgagee, or her executors, administrators or assigns as aforesaid save and except, and in default hereof, hereby agree that the said mortgagee or her executors, administrators or assigns may effect such insurance in the name of the said mortgagor, and his heirs and assigns, payable in case of loss to the said mortgagee, and her executors, administrators or assigns, and that the premiums or annuities paid therefor shall be a further charge upon said granted premises, secured by these presents. In witness whereof, here have hereunto set our hands and seals this 7th day of August in the year of our Lord one thousand nine hundred and twenty four. Executed in presence of George L. Corasse William B. Rathbone L.S. Elizabeth Rathbone L.S. State of Rhode Island ve County of Washington On Charleston on the 7th day of August a.d. 1924 before me personally appeared William B. Rathbone and Elizabeth Rathbone, husband and wife both free from home and known by me who the parties executing the foregoing instrument and they acknowledged said instrument be them executed to be their act and deed. George L. Corasse Notary Public. and recorded Sep 7 1924 at 3-45 o'clock P.M. Clerk recorded by George L. Corasse Line Colabke [Vertical margin text]: Recorded in the records of said town of Charlestown in the Town of Charlestown on the 7th day of August a.d. 1924 for the person