1/22/1926 · MORTGAGE · book 22 page 136 doc 8003

136 of December AD one thousand nine hundred and twenty five. before me personally appeared the above named Grantors Elmer E. Browning and Ellen M. Browning, his wife, each and all to me known, and each personally to be the grantor executing the foregoing instrument, and thereby acknowledged said instrument, by them executed to be their free act and deed. George own Court Notary Public Received for record December 21, 1925 at 9 o'clock AM and recorded by George own Court Town Clerk Know all men by these presents, That We William T Wright and wife dorta E Wright of the city and county of Providence, State of Rhode Island hereinafter called the mortgagor in consideration of Two Thousand (2000) dollars to us paid by Mary F. T Connolly of the city of Providence, county of Providence and state of Rhode Island and Mary E Wright also of the city and county of Providence and state of Rhode Island hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby give grant bargain sell and convey unto the said mortgagee and their heirs and assigns forever, That certain tract of marsh and beach land with all the buildings and improvements thereon, situated in the Town of Colelton in the county of Washington and state of Rhode Island, and is bounded and described as follows: Beginning at the southeasterly corner of the low tide line along which is the northwesterly coast of the beach more or formerly belonging to Samuel Dorley at an oak stake sunk in the ground; Thence North 24 degrees and 38 minutes West three hundred and eighty and 7/100 (380.70) feet to a post and stones set in the ground and bounding Eastly on said land of Samuel Dorley; Thence North 40 degree West two hundred and 2/100 (200.02) feet to a post and stones set in the ground; Thence South 29 degree East three hundred eighty and 2/100 (380.02) feet and bounding westerly on land now or formerly belonging to William Loff to the Atlantic Ocean, and at first set at the above high water mark at the edge of the beach graze; thence South 10 degree and 30 minutes East one hundred fifty seven and 7/100 (157.70)

Leet and bounding south east by the Attenute Ocean to the first mentioned point of beginning, said lot being contains by estimation ten acres, meaning and intending to convey the same premises conveyed by warranty deed from Anne Atwell to William J. Smith dated October 11, 1799 and recorded in deed Book 10, pg. 18 at page 215 of the records of deeds in said town of Johnston. said premises are charged subject to a mortgage of $200 or as appears by clear. To have and to hold the aforesaid premises, with all the right privileges and appurtenances thereto belonging unto and to the use of the said mortgagee and their heirs and assigns forever. And we the said mortgagor do hereby, for ourselves and for our heirs, executors and administrators covenant with the said mortgagee and their heirs and assigns that we are lawfully seized in the simple title of the said granted premises that the same are free from all encumbrances except said mortgage of $200 as recorded. that we have good right full power and lawful authority to sell and convey the same in manner as aforesaid, that the said mortgagee and his heirs and assigns shall by these presents at all times henceforth peaceably and quietly have and enjoy the said premises and that we the said mortgagor will and our heirs, executors and administrators defend the same convenient and defend the same to the said mortgagee and their heirs and assigns against the lawful claims and demands of all persons. And for the considerations aforesaid, I the said Robert G. Smith, wife of said William J. Smith as part thereby release all or my right of dower in and to the said granted premises unto the said mortgagee and their heirs and assigns forever. Provided, nevertheless, and their convey ance is made upon the express condition, that if the said mortgagor their heirs, executors administrators or assigns, shall pay unto the said mortgagee or their executors, administrators or assigns, the sum of three thousand (£300) sterling wherefore the said mortgagors have made her negotiable promissory note for said aggregate sum, bearing een date with these presents, and made payable to the use of Mary and Elizabeth and Mary S. Smith, and one from the date of conveyance 17th day 1724 with interest thereon at the rate of six per centum per annuum payable conveniently in advance until said promised sum is paid, whether at or after maturity, and all installments of interest in arrears, whether at or after maturity, and to bear interest at the rate aforesaid until paid, and shall also pay all taxes and assessments of every kind levied or assessed upon 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 promissory note or of paid in interest at the time of times listed in the manner aforesaid or of the taxes

or assessments aforesaid as the same become due payable, or of any or either of them, or of any part thereof, or if breach shall be made of the covenant for insurance herewith contained, then it shall be lawful for the said mortgagee their executors, administrators or assigns, to have further or in parcels, all and singular, the premises hereby granted or intended to be granted or any part or parts thereof, and the right and equity of redemption of the said mortgagor and their executors, administration and assign, seized at public auction upon the premises, and to sell and cause them purchased or purchasers at any rate and sale (and two or more purchasers) shall be accountable for the application of the purchase money paying giving notices 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 Providence with power to adjourn such sale or sales from one to one, provided that the publishing of said notice shall be accompanied together with a notice of the adjournment or adjournments at least once each week in the same newspaper; and in their or our name or names or in the attorney or attorneys of the said. (For that purpose the presents hereby authorize designated and appoints both full power of substitution and revocation) to make such presents notices to the purchaser or purchasers at such sale a good and sufficient deed or deed of premises in full and ample and to reduce the proceeds of such sale or sales, and from such proceeds to obtain all sums hereby secured, whether due now or will become thereafter or the part thereof remaining unpaid, and with the interest thereon due on the same, together with all expenses incurred to such sale or sales, for making deeds hereunto and for fees of conveyal and attorneys, and all costs or expenses incurred in the securing of said premises, and all taxes assessments and premiums insurance any such either heretofore paid by the said mortgagor their executors, administrators or assigns then remaining unpaid upon said premises reserving and paying the surplus of said purchase or sale if any there be over and above costs covenants to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges to the said their executors, administrator or design, which sale or sales made as aforesaid shall be deemed to be foreclosed both in law and equity against the said mortgagor their heirs, executors, administration and assigns, and all persons claiming said premises, as well from or whom either, or any of them, and the said mortgagors, for ourselves and for our heirs, executors administrators and assigns, hereby covenant with the said mortgagee and their heirs, executors, administrators and assigns that the

139 and they will upon request execute such deed or release confirming of and sale or lease as may be required. And furthermore, the said mortgagees, their tenements and so that their heirs, executors, administrators and assigns, hereby covenant with the said mortgagor and their heirs, executors, administrators and assigns, that improvements against losses from fire shall be kept and maintained on the building on the premises aforesaid, and such office or offices as the said mortgagor, and their executors, administrators or assigns shall determine, in balance otherwise than thirty thousand dollars) valued and that the policy or policies of such insurance shall be assigned and transferred or made payable in case of loss, to the said mortgagees or their executors, administrators or assigns, as an additional security hereunto, and in default hereof hereby agree that the said mortgagees or their executors, administrators or assigns bind, effect such insurance in the name of the said mortgagor and their heirs and assigns, payable in case of loss to the said mortgagees and their executors, administrators or assigns, and that the premises so insured shall therefore shall be a further charge upon said granted tenements, secured by these presents. In witness whereof we have hereunto set our hands and seals this 17th day of December in the year of our lord one thousand nine hundred and twenty four. Executed in presence of G. Raymond Walsh. Williams J. Vygatt [signature] Lola E. Vygatt [signature] State of Rhode Island &c County of Providence On provided on the 17th day of December AD, 1924 before me Government appears said Williams J. Vygatt and said Lola E. Vygatt to me known did swear by me to be the Herlies sealing the foregoing instrument, and they acknowledged said instrument be their species to be their free act and deed. G. Raymond Walsh Notary Public. Received for record Decr, 22, 1924 at 9:10 o'clock a.m. and recorded by George G. Cozzens, Town Clerk.