6/16/1926 · MORTGAGE · book 22 page 245 doc 8065

245 Know all men by these presents, that I, J. Ebner H. Barling, of westerly, in the County of Providence in the State of Rhode Island called hereafter called the mortgagor in consideration of Four Thousand Three Hundred and fifty ($4350) Dollars to me paidly by John Schomagen of Providence in the county of Providence in said State hereafter called the mortgagee, the receipt whereof i hereby acknowledge, do sell convey, grant bargain sell, sell and convey unto the said mortgagee, and his heirs and assigns forever, Honest Three lots of parcels of land, with any buildings and improvements thereon, situated in Enumcuttung, in the Town of Charlestown, in the State of Rhode Island, as bounded and described as follows: 1. That lot of land called and known as lot no 7 (seven) on that tract called "Lot of cottage sites on Rt 111, Enumcuttung, East Beach, by H. M. Henderson, Survey May 1914" and recorded in the records of land evidence in said Charlestown in said Book 16 at page 46, Said Lot bounds westerly on a road or roadway north east corner one hundred (100) feet and bordering that with south eastle corner to Charlestown Pond, so called bounding northerly on lot no 8 (eight) of said land book 16 limited easterly (120) feet more or less, and southerly, on lot no 6 (six) of said land Pond bounded southern (23) feet more or less, and bounded otherwise bounded and described as the same premises conveyed to Denny S. Brown by deed from keypad S. Kendrick dated May 6, 1919 and recorded in said records in Book 18 at page 49, 2. commencing at the bottom corner of the lot of land herein described adjoining land of of Waldo Parrott, and on the North side of the public highway, thence northerly by and with land of said Parrott fifty (50) feet, thence easterly by and with land or lot of J. M. Bruddington fifty (50) feet, thence southerly by and with other lot of said Bruddington fifty (50) feet to a front beach or on the southerly side of said highway, thence westerly by and with the northerly side of said highway fifty (50) feet to the point of beginning, and hereof otherwise bounded and described as the same premises conveyed to Denny S Brown by deed from J. M. Bruddington dated May 5th 1911 and recorded in said records in Book 17 at page 117, 3. Beginning at a stake on the beach shore at the northeasterly corner of land of Waldo Parrott and silvan M. Parrott, thence northerly bounded by said Parrott and bound survey seventy (70) feet more or less; thence easterly at right angles fifty (50) feet; thence northerly at right angles seventy (70) feet more or less, to said beach shore then westerly along said beach shore fifty (50) feet to the point of beginning, bounded southerly by land now or formerly of Billiage D. Hockholder and easterly on land now or formerly of Nelson W. Walcott and wife and bounded otherwise as was limited and described are the same premises conveyed to Denny S Brown by deed from Nelson W. Walcott and wife dated November 5, 1905 and recorded in said

246 records in North 16, at page 282. To have and to hold, the afore- granted premises, with all the 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 have lawfully seized in fee simple of the said granted premises, that the same are free from all incumbrances and that I have good and 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 hereafter peaceably and quietly have and enjoy the said premises, and that I the said mortgagor will, and my heirs, executors and administrators shall, warrant and defend the same to the said mortgagee and his heirs and assigns forever against the lawful claims and demands of all persons. And for the consideration aforesaid I, Dennis H. Darling, with spouse Edna H. Darling do hereby release all of my right of title in and to the said granted premises unto the said mortgagee and his heirs and assigns forever; Provided however that this release and conveyance is made upon the express condition that if the said mortgagor his heirs, executors, administrators or assigns shall fail to pay into the said mortgagee or his executors, administrators or assigns a sum of ten thousand three hundred fifty dollars, whether the said mortgagor has made this negotiable promissory note for said aggregate sum, bearing sole interest with these presents and made payable to the said mortgagee in installments with interest thereon as provided in said promissory note from the date thereof, with interest thereon at the rate of six (%) per centum per annum payable semi annually, until said principal sum is paid, whether at once or monthly and with installments of interest on the same, whether before or after maturity, to bear interest of 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 null and absolutely void to all intents and purposes whatsoever. But if default shall be made in the payment of the said note or of paid interest at the time or times and in the amounts aforesaid or of the taxes or assessments aforesaid, as the same become payable, or stay or either of them, or of any part thereof or if breach shall be made of the covenant for insurance premiums contained, that it shall be lawful for the said mortgagee his executors, administrators or assigns to sell, together or in parcels, all and singular, the premises hereby granted or intended to be granted, or any whole or parts thereof and the benefit and equity of redemption of the said mortgage and his heirs, executors administrators

and assigns therein, at public 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 answerable for the application of the purchase money hereby first giving notice of the time and place of sale by publishing the same at least once each week now for three successive weeks in some daily newspapers published in Rhode Island, and 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 appointment, at least once each week in the same newspapers, and in his or their own name or names, or in as the attorney or attorneys of the said mortgagor by these presents 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 deed of private indemnity in fee simple and to receive the proceeds of such sale or sales and from such proceeds to return all sums hereby secured whether due or to fall due hereafter, or the part thereof remaining unpaid, and also the interest due from the same together with all expenses incident to such sale or sales, or for making said foreclosure and for fees of counsel and attorney, and all costs and charges incurred in the pursuit of said power, and all taxes, assessments and premiums for insurance, if any, either hereafter paid by the said mortgagor his executors, administrators or assigns then remaining unpaid, upon said granted premises, rendering and paying the surplus of said proceeds of sale if any there be, over and above the amounts to be returned as aforesaid, together with a true and particular account of such sale or sales, of expenses and charges, to the said mortgagor, his heirs, executors, administrators votes or assigns, which sale or sales, or sale or saler as aforesaid shall convey be absolutely bar by law and equity against the said mortgagor, his heirs, successors, administrators and assigns, and all others claiming said premises, as sold by, from or under him, them or any of them. And I the said mortgagor, for myself and for my heirs, successors, administrators and assigns hereby duly covenant with the said mortgagee, and his heirs, successors, administrators and assigns, that I and they shall upon request execute and deliver a deed absolute confirmation of such 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 his successors, administrators and assigns, that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid, in such office or offices as the said mortgagee and his successors, administrators or assigns shall appoint, in a sum not less than four thousand five hundred fifty (4550) dollars, and

248 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 hereof, and in default thereof hereby agree that the said mortgagee, or his executors, administrators, or assigns, may effect such insurance in the name of the said mortgagee, but his heirs and assigns, payable in case of loss to the said mortgagee, and his executors, administrators or assigns, and that the premiums or premiums paid therefore shall be a further charge upon said granted premises, secured by these presents. In witness whereof we have hereto set our hands and seals this 1st day of June in the year one thousand nine hundred twenty six A.D. 1926. Signed and sealed in presence of Everett H. Crugnale Elmer H. Darling L.S. Annie M. Darling L.S. State of Rhode Island county of Providence In Providence on the 1st day of June A.D. 1926 before me personally appeared the above named Elmer H. Darling and Annie M. Darling this his wife to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed, to be their free act and deed. Everett H. Crugnale Notary Public Recorded for record June 11th 1926 at 11:36 o'clock A.M. and recorded by George G. Coxen, Town Clerk The undersigned having received full payment and satisfaction of a certain mortgage recorded in the recorder of land evidence in the town of Charlestown in the State of Rhode Island Book number 62 at page 245, hereby cancel and discharge the same. And I covenant to and with all persons making said payment that I am the present owner of said mortgage. In witness whereof I have hereto set my hand and seal this 13th day of November A.D. 1928 Executed in presence of Jos. B. Beecham John Scheminger Recorded Nov 16, 1928 By George G. Coxen Town Clerk