8/21/1963 · MORTGAGE · book 39 page 221 doc 8100@39/221

221 Together with any right, title and interest of this grantor in and to any land situated in the Town of Charlestown and Richmond in the State of Rhode Island outlying within the area bounded northerly by the main line of the New York, New Haven and Hartford Railroad, easterly by Route 112 so called, southerly by that portion of Pin a Hill Road lying easterly of Ocean House Road so called, in part by a Pond and its marshes, and westerly by King's Factory Road. This conveyance is made subject to taxes assessed as of December 31, 1962. And that I, Martha Ellen Hays Marsh, wife of the grantor, release to said grantee all my right of dower and all other interest in the aforesaid described premises. WITNESS our hands this 12 day of August 1963. THOMAS T. MARSH MARTHA ELLEN HAYS MARSH (Documentary stamps 1,10) STATE OF CALIFORNIA COUNTY OF LOS ANGELES In presence of said County on the 12th day of August, 1963, before me personally appeared the above named Grantor, Thomas T. Marsh, and his wife, Martha Ellen Hays Marsh, to me known and by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by, instrument, they executed, to be their free act and deed. H. P. Goodrich (Notarial Seal) Notary Public H.P. GOODRICH My Commission Expires April 19, 1966 Received for record August 21st A. D. 1963 at 9:35 o'clock, a.m., and recorded by --- KNOW ALL MEN BY THESE PRESENTS: That Kenneth T. Mullen and Mary G. Mullen, both of the Town of Charlestown, Washington County, Rhode Island (hereinafter called the mortgagors) in consideration of Four Thousand One Hundred & no/100 ($\text{4,100.00}$) Dollars to be paid by the RHODE ISLAND HOSPITAL TRUST CO, a Corporation legally incorporated, and established and transmitting business in the City of Providence in the State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said RHODE ISLAND HOSPITAL TRUST CO, its Successors and Assigns, forever, that certain real estate, together with all buildings and improvements thereon, situated in the said Town of Charlestown and bounded and described as follows: That certain 1st undivided one-fourth (1/4) (eighty-fourth?) on that certain platted lot "Ocean Ridge Plat One the Town of Charlestown, R. I. Property of Fred E. Kruse & Ethel V. Kruse Surveyed & Platted May 8, 1952. Winfield R. Bassetts Civil Engineer Scale 1" = 100'", which plat is recorded in Book 39 Plat page 23 in the Land Evidence Book of the Town of Charlestown and further described in Book 39 page 221 of the Land Evidence Book of the Town of Charlestown dated July 29, 1959, by deed of Dorothea D. Walsh subject to the restrictions and reservations contained in the deed from said Dorothea D. Walsh, and some real estate conveyance in the said Town of Charlestown, together with all plumbing, lighting and heating fixtures, equipment and now however attached to or located on said premises, and also hereby assigning to said Rhode Island Hospital Trust Company, its successors and assigns, all rents and dues now and become due in the future from the occupants of said premises or any part thereof under any existing or future lease or tenancy, and commissioning and appointing it or the attorney or attorneys of the mortgagees to sum for and collect the same at any time and from time to time when a default exists hereunder. TO HAVE AND TO HOLD the same, with all appurtenances, unto and to the use of the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, forever. And the said mortgagors do hereby, for themselves, and for their heirs, executors and administrators, covenant with the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, that they are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances except as aforementioned that they have good right, full power and lawful authority to sell and convey the same in manner as aforementioned; that the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, shall by these presents at all times hereafter peaceably and quietly enjoy and have the said premises, and that the said mortgagors will, and their heirs, executors and administrators shall, warrant and defend the same to the said RHODE

222 ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, forever, against the lawful claims and demands of all persons, and will moreover pay the moneys, taxes, assessments and other expenses hereby secured as hereinafter provided. And for the consideration aforesaid, Jacqueline G. Mullen, wife of Kenneth T. Mullen, and Vincent A. Mullen, husband of Mary G. Mullen, respectively do hereby release all their rights of dower curtesy and all other rights, statutory or otherwise, in and to the said granted premises unto the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, forever. PROVIDED that if said mortgagors or their heirs, executors, administrators or assigns, shall pay unto said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors or Assigns, the sum of Four Thousand One Hundred & no 100/100 Dollars with interest thereon and interest on overdue interest, in accordance with the provisions of the promissory note of this mortgage, bearing date even hereby, payable to RHODE ISLAND HOSPITAL TRUST COMPANY, or order, at its banking house in Wakefield, Rhode Island, and shall also pay all taxes, assessments, ute rates and charges of every kind assessed and imposed on or respect of said premises, or constituting a lien thereon or upon said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that may be hereafter enacted, and shall maintain insurance on said premises as hereinafter provided and pay the premiums therefor upon demand, and shall perform all other covenants and conditions contained herein, 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 payment of the indebtedness shown above mentioned or any part or install- ment thereof, or if one or more times the same are made payable under the provisions above referred or of said promissory note, or if any hereafter legally be made payable, or of any of the taxes, assessments or water rates aforesaid as the same first becomes payable, or of any or either of them or of any part or installment thereof, or if breach shall be made of the covenant for insurance hereinafter contained, or of any other of the covenants or conditions of this mortgage or of said note, then it shall be lawful for the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors or Assigns, to sell, together or in parcels, all and singular the and premises hereby granted, or intended to be granted, or any part or parts thereof, or any part remaining subject to this mortgage in case of partial release hereof, and the benefit and equity of redemption of the said mortgagors and of the said Jacqueline G. Mullen & Vincent A. Mullen, their heirs, executors, administrators and assigns therein, at public auction, to bid for and become the purchaser at any such sale, and no other purchaser 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 newspaper published in Washington County, Rhode Island, with power to adjourn such sale from time to time, provided that the publication 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 such sale to be upon the premises or elsewhere as specified in such notice; and in its or their own name or names, or as the attorney or attorneys of the said mortgagors and or the said Jacqueline G. Mullen & Vincent A. Mullen (for that purpose they does 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 or sales, good and sufficient deed or deeds of the premises sold in fee simple; and to redeive the purchase moneys, and therefrom to retain all sums hereby secured, whether then payable or to become payable thereafter, or the part thereof then remaining unpaid, and also interest then due on the same, to- gether with all expenses incident to such sale or sales, and any collateral fees and other expenses, incurred in, or in any way connected with, the exercise of those powers, or in any way connected with any proceeding or action by whosoever initiated concerning the enforcement thereof or of said note, and all taxes, water rates and assessments as aforesaid and all premiums for insurance, and expense or required, either therefore paid by the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors or Assigns, or then remaining unpaid, rendering and paying the surplus of said purchase moneys, if any there be above and over the amounts so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said mortgagor, their heirs, executors, administrators or assigns, which sale or sales shall forever be a

223 perpetual bar both in law and equity against said mortgagors, and the said Jacqueline G. Mullen & Vincent A. Mullen, their heirs, executors, administrators and assigns, and all persons claiming said premises so sold by, from or under the one or any of them. And the said mortgagors, and the said Jacqueline G. Mullen & Vincent A. Mullen for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, that ________________________________ or they will upon request execute such deed or deeds confirmatory of such sale as may be necessary or convenient to advance. AND FURTHERMORE, the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, that they will maintain all buildings forming a part of said premises in good repair and will not cause or permit waste; that insurance against loss by fire, and such other causes as may be specified by the mortgagee, its successors and assigns, including, if required by the mortgagee, its successors or assigns, demolition or reconstruction insurance, shall be kept and maintained on the buildings on the premises aforementioned in such office or offices as the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, shall approve, in a sum not less than $ 4,100 ________________ Dollars or in such greater amounts as will prevent the operation of co-insurance clauses contained in such policies of insurance, and that the policy or policies of such insurance shall be assigned, transferred and made payable in case of loss to, and held by said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, as collateral security hereunto, and in default thereof hereby agree that said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors or Assigns, may from time to time at their premises (which may be necessary to maintain existing insurance or may effect new insurance) and the said mortgagors for themselves and for their heirs, executors, administrators and assigns, agree to repay to the RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors or Assigns, upon demand, any premiums paid by it or them, and if not repaid, the same shall be added to said principal sum and shall be a further charge upon said granted premises and secured by these presents, as aforesaid. Said RHODE ISLAND HOSPITAL TRUST COMPANY, its successors and assigns, shall have the right and is hereby constituted and appointed the true and lawful attorney or attorneys irrevocable of the said mortgagors in the name and stead of the mortgagors, but in the uncontrolled discretion of said attorney, to surrender up any insurance policies for cancellation and receive and collect the uninsured premiums and dividends thereon, to adjust, sue for, compromise and collect any amounts due under said insurance policies in the event of loss, or any uninsured premiums and dividends upon cancelled insurance, and the same shall, at the option of the mortgagee, its Successors or Assigns, be applied, after first deducting the costs of collection, on account of any sum the payment of which is secured hereby, or notwithstanding the claims of any subsequent lienor, may be used or paid over to the mortgagors for the use in repairing or rebuilding the damaged buildings or improvements. IN WITNESS WHEREOF, they have hereunto set their hands executed this 21st day of August A. D. one thousand nine hundred and sixty three. Signed, sealed and delivered in presence of ____________________ -- Agnie Peck as to all four ____________________ STATE OF RHODE ISLAND } County of Washington } sc. In Charlestown on the 21st day of August A. D. 1963 before me personally appeared the above named mortgagors, Kenneth T. Mullen and Mary G. Mullen, together with their respective spouses, Jacqueline G. Mullen and Vincent A. Mullen, all of said Town of Charlestown, and each and all to me known, and known by me to be all the parties executing the foregoing instrument, and severally acknowledged said instrument by them executed, to be their free act and deed. Austin Peck Notary Public Received for record August 21st A. D. 1963 at 10:55 o'clock, a.m., signed, and recorded by -- Jean M. Clarke Deputy Town Clerk