5/1/1926 · MORTGAGE · book 22 page 186 doc 8030

his heirs and assigns, that I will warrant and defend the aforedescribed premises unto the said Floyd H.Tyler heirs and their and assigns, from any and against the lawful claims and demands of all persons claiming the same through a me or mine. Bud & Isabel Booming wife of the said Thomas W. Booming in consideration of the sum aforesaid as aforesaid to hereby release and forever quitclaim unto the said Floyd H. Tyler his heirs their and assign, all they right of dower in and to the aforesaid described premises. On the testimony whereof we have hereto set our hands and seals this 20th day of April in the year of our lord one thousand nine hundred and twenty six. Signed and sealed in the presence of Thomas W. Booming L.S. Mary E. Cooverse Isabel Booming L.S. State of Rhode Island county of Washington In Charlestown on the 20th day of April A.D. 1926 before me personally appeared Thomas W. Booming and Isabel Booming to me known and known booming by me to be the parties executing the foregoing instrument and they acknowledged said return having been executed to be their free act and deed George Cooverse Notary Public Received for record May 12th 1926 at 8.40 o'clock A.M. and recorded by George Cooverse Town Clerk Know all Men by these presents, that I, Floyd H. Tyler of Charlestown, county of Washington and State of Rhode Island, hereinafter called the grantor in consideration of Nine Hundred and Fifty (950) dollars to be paid by Thomas W. Booming of said Charlestown, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby grant bargain sell and convey unto the said mortgagee and his heirs successors and assigns forever, a certain farm with the buildings and improvements thereon, situated in said Charlestown containing ninety acres more or less, bounded and described as follows: commencing at a stone at the Southeast corner of said farm at the North Kingstown line at a point where a wall stones run from the East Kingstown line by the North side of a bog or swamp thence West 48 rods 14 links to a

some set on the ground; thence north 81 degrees east 34 rods to land formerly, of William bead to a stone set in the ground, bounded on the South by land formerly of Elijah Kenyon, seventy four rods land formerly of William's land, boundedly by land of Joshua of Station blockley, boundedly by North Kingstown lines and land formerly of William Borning or otherwise bounded, To have and to hold, the aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging unto and to the use of the said mortgagee, and his heirs and assigns forever, And I the said mortgagor, do hereby for myself and for my heirs, executors and administrators covenant with the said mortgagee and his heirs and assigns that I am lawfully seised in fee simple of the said aforementioned premises; that the same are free and from all incumbrances that I have good right now full power due lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and his heirs and assigns shall well and freely possess at all times hereafter peacefully and quietly have and enjoy the said premises, and that I, the said mortgagor will, and they heirs, executors and administrators shall warrant and defend the same to the said mortgagee and his heirs and assigns from, against the Lawfull claims and demands of all persons, Provided nevertheless, and this conveyance is made upon the express condition that if the said mortgagor his heirs, executors administrators or assigns shall buy out the said mortgage or his options administrators or assigns, the sum of three hundred fifty ($350) dollars, whereas the said mortgagor has made said negotiable promissory note for said aggregate sum, bearing seven days date with these presents, and made payable to the order of Thomas M. Corning on demand from the date hereof, with interest thereon at the rate of six per centum, per annum payable semiannually in advance until said principal sum is paid, whether at or after its maturity, and all installments of interest in arrears, whether on or after maturity to bear interest at the rate aforesaid until paid, and shall also pay all taxes and assessments of levy being levied or accrued upon or in respect of said premises, then this deed, as also said promissory note shall become and be absolutely void as 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 aforesaid, at the same become payable, or any of either of them, or of any part thereof, or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said mortgagee, his executors, administrators or assigns to sell together or in parcels, all and singular, the

188 premises hereby granted or intended to be granted, or any part or parts thereof, divest the benefit and equity of redemption of the said mortgagor and his heirs, executors, administrators and assigns therein, at publick auction upon the premises, and to bid for and become the purchaser or purchasers at any such sale; (and no other purchaser or purchasers shall be admissible for the application of the purchase money,) first giving notice of the time and place of sale by publishing the same at least once each week for three successive weeks in some publick newspaper published in said Washington county, with power to adjourn such sale from time to time, provided that the publishing of said notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper;) and in his or their own name or names, or as the attorney or attorneys of the said Floyd L. Tyler (for that purpose by them presently duly authorized and appointed with full power of substitution and revocation) to make, 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 from the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interest thereon due on the same, together with all expenses incident to such sale or sales, or for making deeds therefore, and for fees of counsel and attorney, and all costs or expenses incurred in the service of said summons, and all taxes, assessments and premiums for insurance, if any, either suffered paid by the said mortgagee, his successors, administrators or assigns, n then refunding unpaid upon said granted premises rendering and handing the surplus of said proceeds of sale, if any there be, overland above the amounts so to be refunded as aforesaid, together with a true and particular account of such sale or sales, expenses and charges to the said Floyd L. Tyler his heirs, executors, administrators or assigns. Which sale or sales made as aforesaid shall cause to be perpetual her both in law and equity dormant that the said Floyd L. Tyler his heirs, executors, administrators and assigns, all and every person claiming said premises, unsold, by loan, by trust or under claim of any them. And the said mortgagor, for himself and for his heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and his heirs, executors, administrators and assigns, that he and they will upon request execute such deed or deeds confirmatory of said sale or sales as may be required And furthermore, I the said mortgagor, for myself and for any

189. herein, executors, administrators, and assigns, hereby covenant with the said mortgagee, and his executors, administrators and assigns, that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid, or such offices or offices as the said mortgagee, and his executors, administrators or assigns shall direct, in a sum not less than five thousand and fifty dollars, and that the policy or policies of such insurance shall be assigned and transferred or made payable in case of loss to the said mortgagee, or his executors, administrators or assigns as collateral security hereto and, in default thereof, hereby agree that the said mortgagee, or his executors, administrators or designees 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 his executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon sales granted premises, secured by these presents. In witness whereof, I have hereunto set my hand and real this 30th day of April in the year of our lord one thousand nine hundred and twenty six. Executed in presence of Mary B. Coover Floyd D. Lylen L.S. State of Rhode Island County of Washington On Charleston on the 30, day of April A.D. 1926 before me personally appeared Floyd D. Lylen to be known and known to by me to be that party executing the foregoing instrument, and the acknowledged said instrument by being executed to be his free act and deed George B. Coover Notary Public. Received for record May 1st 1926 at 8.45 a.m. delivered then, and recorded by George B. Coover, Town Clerk (Signature) G. B. Coover, Town Clerk. (Handwritten note): I, [illegible], having paid the sum of [illegible] payment and any interest due thereon the sum of [illegible] of the Town of Charleston in the State of Rhode Island, Real Est. Mortgage Book number 22 at page 18, hereby cancel and discharge the said Instrument to what extent satisfactory and payment, that I can the present grant and release For this therefore I have hereunto set my hand and seal at this 31st day of May, A.D. 1927. (Signature) L. Lylen & [illegible] Thomas D. Downing. Received for record May 31st 1927 at 10.20 a.m. delivered then, and recorded by George B. Coover, Town Clerk.