1/4/1927 · MORTGAGE · book 22 page 425 doc 8173

Know all men by these presents that I, J. Harris V., Lawyer, of the Town of Hopkinton, in the County of Washington and State of Rhode Island hereinafter called the mortgagor in consideration of One thousand five dollars to be paid by Narragansett Timber company, a corporation organized under the laws of the State of Rhode Island aforesaid, and having its office called Commercial piers of Providence in the Town of Providence in said County of Washington, hereinafter called the mortgagee, the receipt whereof I hereby hereby acknowledge, do hereby grant, bargain sell and convey unto the said mortgagee and its successors and assigns forever, all certain one piece of land, shown as lot forty (40) on a plan sketched by James Alfred Burdick, situated on the beach in the Town of Charlestown, County of Washington, in said State of Rhode Island, containing five thousand (5000) square feet and bounded and described as follows: commencing at a stake set in the southeasterly line of Ocean Beach Road a private street or way, at the northeasterly corner of land of Myra S. Burdick; thence Easterly along the southeasterly line of a plot of land now called Ocean Beach Road, a distance of fifty (50) feet to a stake; thence Southerly on a line parallel with the easterly line of land of Myra S. Burdick, a distance of one hundred (100) feet to a stake set in the southeasterly line of Sunrise Drive, a right of way or street; thence westerly following the southeasterly line of sunrise drive, a distance of fifty (50) feet to the southeasterly corner of land of Myra V. Burdick; thence Northerly along the easterly line of land of Myra S. Burdick, a distance of one hundred (100) feet to the point of beginning, bounded Northerly by land of James Alfred Burdick used as a private street or way; easterly bounded by land of James Alfred Burdick southerly by land of James Alfred Burdick used as a private street or way and westerly by land of Myra S. Burdick or persons bounded, together with the rights as appurtenant here to for said premises to successors and assignees to pass and repass free and along all streets, ways and drives, to and from the hereby conveyed premises and the Charlestown Pond and Allamuchy Beach, also the right to pass and repass over and along a right of way or street now used by James Alfred Burdick to and from the hereby conveyed premises and the public highway known as the East Beach Road & Drummoning Neck, For a more particular description of the hereby conveyed plot, ref part recorded in the town records either in the Town of Hopkinton, R.I. and likewise a part thereof entitled Plot of land in the Town of Charlestown, R.I. owned by James Alfred Burdick, surveyed and delineated August 1923 by Wm S. Holland Civil Engineer, Being the same premises conveyed to this grantor by deed from James Alfred Burdick, dated Octob 16,

426 1923, reference to which deed being hereby had and made and that the same being made a part hereof. To have and to hold, the aforesaid granted premises, with all the rights, privileges and appurtenances thereto belonging unto and to the use of the said mortgagees and its successors and assigns forever. And I, the said mortgagor, do hereby, for myself and for my heirs executors and administrators, covenant with the said mortgagees and its successors and assigns that I own lawfully seised in fee simple of the said granted premises; that the same be free from all encumbrances; that I have good right full power and lawful authority to sell and convey the same in manner as aforesaid. That the said mortgagees and its successors 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 will, warrant and defend the same to the said mortgagees and its successors and assigns forever against the lawful claims and demands of all persons. And I the said Harris O. Lawton hereby covenant that he remains unmarried. Provided, however, that and this conveyance is made upon the express condition, that if the said mortgagor his heirs, executors, administrators or assigns shall fail to pay, with the said mortgagee or its successor or assignee, the sum of one thousand fifty dollar, whether for the said mortgagor has made his express promissory note for said amount to sum bearing even date with these presents, and made payable to the order of the said Rhode Island Savings Company, six months from the date hereof with interest thereon at the rate of six per centum, per annum payable also semiannually in advance until said principal sum is paid, whether in or of other maturity, and all installments of interest in arrears whether before or after maturity to be paid at the rate aforesaid until paid begin, and shall duly pay, all taxes and assessments of any fine’s’ bonds or assess spawn or in respect of said premises. Then this deed as also said promissory note, shall become and be absolutely void for all intents and purposes whatsoever. But if default shall be made in the payment of paid promissory note or of said interest at the time or times and in the manner aforesaid, or of the taxes or assessment aforesaid, as the same becomes payable, or of any either of them, or of any part thereof, or if breach shall be made of the covenant or warranty hereinafter contained, then it shall be lawful for the said, mortgagee, its successors or assigns, to sell, together or in parcels, all and singular, the premises hereby granted or intended to be granted, or any part or parts thereof.

427 and the benefit and equity of redemption of the said Harris W. Taylor and his heirs, executors, administrators and assigns Various Tenements in Providence and other upon the premises and to bid for and become the purchaser or purchasers at any such sale Land and other purchasers or purchasees who shall be entitled for the application of the purchase money, first giving notice of the time and place of sale by publishing the said notice once each week for three successive weeks in the weekly Body sum a newspaper published in said town of Providence together 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 so on in his or their own name manner, or as the attorney or attorneys of the said Harris W. Taylor (for that purpose by these presents duly authorized and appointed both full power of substitution and revocation), to make, execute and deliver to the purchaser or purchasees of 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 which proceeds to retain all sums then legally recovered, whether then due or to fall due thereafter, or on the part thereof remaining unpaid, and also the interest then due on the same, together with all expenses incident to such sale or sales, or for making deeds furthermore, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said power, and all taxes, assessments and premiums for insurances, of any estate either forested in the said mortgage, its successor or assigns, or then remaining unpaid when said granted premises, rendering and paying the surplus of said proceeds of sale, if any there be, once and over above the amount to be related at aforesaid, together with a true and particular account of such sale or sales, expenses and charges to the said Harris W. Taylor, his heirs, executors, administrators or assigns, which sale shall be made sale an appraiser shall be a purchaser both in law and equity against the said Harris W. Taylor his heirs, executors, administrators and assigns, and all persons claiming said premises, as opted, by, from or under him, them or any of them. And the said mortgagor, for himself and for his heirs, executors, administrators and assigns, hereby covenants with the said mortgagee, and its successors and assigns, that he and they will upon request execute such deed or deeds of conveyance of said parcel sold 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 its successors and assigns that insurance against loss by fire shall be kept and

428 maintained on the buildings on the premises aforesaid, in such office or offices as the said mortgagee, and its successors or assigns, shall appoint, in a sum not less than one thousand fifty dollars, and that the policy or policies of such insurance shall be assigned and transferred, in a mode justable in case of loss, to the said mortgagee or its successors or assigns, as collateral security hereunto, and in pursuit thereof, we do hereby agree that the said mortgagee, or its successors 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 its successors or assigns, and that the premium or premiums paid therefor shall be a further charge upon the said granted premises, secured by these presents, In witness whereof, I have hereunto set my hand and seal this 8th day of December in the year of our Lord one thousand nine hundred and twenty six. Executed in presence of Edward M. Burke Mary E. Burke Harris St. Layton L.S. State of Rhode Island sc. County of Washington In Westerly on the 8th day of December, A.D. 1926 before me personally appeared Harris St. Layton to me known and known by me to be the party executing the foregoing instrument, and the acknowledged said instrument being executed to be his free act and deed. Edward M. Burke J. Story Public Notary L.S. Received for record Jan. 4, 1927 at 9-10 o'clock A.M. and recorded by George B. Card, Town Clerk (For transfer of above mortgage see Book 25. 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