1/15/1927 · MORTGAGE · book 22 page 429 doc 8175

Know all men by these presents that we, we, Richard Roads and wife Martha Roads, as joint tenants, and not as tenants in common, both of bromine Bergen county, in the State of New Jersey, hereafter called the mortgagors, in consideration of one thousand dollars to us loan by William Holler, of said bromine hereinafter called the mortgagee, the receipt whereof is hereby acknowledged do hereby give, grant, bargain sell and convey unto the said mortgagee, and his heirs and assigns forever, a certain lot or parcel of land with the buildings and improvements thereon standing lying and being in the town of faloletown in the county of Washington and State of Rhode Island and bounded and described as follows to wit: Beginning at the northwest corner thereof on the highway known as the Post Road and adjoining land now or formerly owned by J. Macfarland of Bridgeport Connecticut then running S 85° 4' E one hundred eighty one years and thirteen feet (181 13) thens S 3° 24' W one hundred eighty one and eight tenths feet (181 8) thens S 80° 53' W one hundred seventy seven and eight tenths feet (177 8) thens N 3° 24' W seven hundred sixteen and seventy tenths feet (716 70) to the point and place of beginning Bounded Southly by the Post Road, as called Eastly by lands now or formerly owned by said Melegan J. Macfarland Brotherly by lands now or formerly owned by John M. Browning and Westly by lands now or formerly owned by the said Melegan J. Macfarland; being the same premises conveyed by Amy R. Ballett to the mortgagors by deed dated September 6, 1924 and recorded in the record of deeds in the town of charleston, Rhode Island, in book 507 at page 335: reference to which deed and the record thereof being hereby made and made same and the same being made a part hereof, To have and to hold, the appurtenances premises, with all the privileges and appurtenances thereto belonging, unto and to the use of the said mortgagee, and his heirs and assigns forever. And we the said mortgagors, do hereby for ourselves, and for our heirs, executors and administrators, covenant with the said mortgagee and his heirs and assigns that we are lawfully seised in the simple of the said premises forever; that the same are free from all encumbrances; 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 their presence at all times hereafter peaceably and quietly have and enjoy the said premises, and that we the said mortgagors and our heirs, executors and administrators shall warrant and defend the same to the said mortgagee and his heirs and

430 assigns forever against the lawful claims and demands of all persons. And for the consideration aforesaid one the said Ephraim Rade husband of the said Martha Rade, also Martha Rade wife of the said Ephraim Rade do hereby release all our rights of service and courtesy in and to the said granted premises unto the said mortgagees and their heirs and assigns found. Provided nevertheless and this conveyance is made upon the express condition, that if the said mortgagees or their heirs, executors, administrators or assigns shall not pay the said mortgagors or their executors, administrators or assigns, the sum of one thousand dollars, whenever the said mortgagors have made their joint and several promissory note for said aggregate sum, bearing same date with these presents, and made payable to the oath of William Miller, his committee from the date hereof, with interest thereon at the rate of 4 per centum per annum, payable semi annually until said principal sum is paid whether at or after maturity, and all installments of interest arrears whether before or after maturity, to be paid interest at the rate aforesaid with said principal, and shall also pay all taxes and assessments of long term leased or assessed upon or in respect of said premises, then their 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 said promissory note or of said interest at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same become payable, or of any breach or breaches of them, or of any part thereof, out of which shall be made by the covenant for the survivors hereunto contained, then it shall be lawful for the said mortgagees their executors, administrators or assigns, to forfeit, together or in parts, for together or in parts, for all or single parts, the premises hereby granted or intended to be granted of any part or parts thereof, and the benefit and equity of redemption of the said Ephraim Rade and Martha Rade, and the assigns of them and their heirs, executors, administrators and assigns therein at public auction from the premises, and to bid for and become the purchaser or purchasers at any such sale, and no other purchasers or purchasers shall be answerable 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 the Westerly Times a newspaper published in the town of Westerly, in paid county of Washington with prior to inform such sale from time to time, provided that the publishing of said notice shall be construed together with a notice of the

431 adjournment or adjournmentment, 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 Aphed Rade and Martha Rade, and the survivor of them For that purpose by these presents duly authorized and appointed with full power of substitution and revocation to make receipts and deeds to the purchaser or purchasers at 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 such proceeds to retain all sums hereby reserved, whether then due or to be due thereafter or the part thereof then 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 herefrom, and for fees of counsel and attorneys, and all costs or expenses incurred in the appraisal of said premises, and all taxes, assessments and premiums for insurance, if any, either thereto fore paid by the said mortgagee his executors, administrators or assigns, or then remaining unpaid, upon said granted premises, remembering and having the vouchers of said proceeds of sales if any there be, for him and also 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 Aphed Rade and Martha Rade pieces and the survivor of them their heirs, executors, administrators or assigns, which such sale or sales made as aforesaid shall forever be a full acquittal both in law and equity against the said Aphed Rade and Martha Rade and the survivor of them their heirs, executors, administrators and assigns, and all persons claiming said premises, so sold by, from or under them, or any of them. And we the said mortgagors, for ourselves and for our heirs, executors, administration and assigns, hereby covenant with the said mortgagee, and his heirs, executors, administration and assigns that we and they will upon request execute such deeds or deeds confirmatory of said sale or sales as may be required. And further more, we, the said mortgagors, for ourselves, and for our heirs, executors, administrators and assigns hereby agree with the said mortgagee, and his executors, administrators and assigns, that whatever 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 executors, administrators or assigns shall appoint, in a sum not less than one thousand 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

432 agree that the said mortgagee or his executors, administrators or designees, may effect such insurance in the name of the said mortgagee, and the scrivener of them and their heirs and assigns, payable in case of loss to the said mortgagee, and his executors, administrators or assignees, and that the premium or premiums paid therefor shall be a charge upon said granted premises secured by their present mortgage. In witness whereof, we have hereunto set our hands and seals this 4th day of January in the year of our lord one thousand nine hundred and twenty seven. Signed and sealed in presence of Arpad Rado, LS Rob J. Kirkland Martha Rado LS State of New Jersey County of Bergen I, J. Bernea on the 14th day of January, AD 1927 before me personally appeared Arpad Rado and Martha Rado, said to me known and known by me to be the parties executing the foregoing instrument and they severally acknowledged said instrument, by them executed, to be their free act and deed Claude J. Kirkland Notary Public LS Received for record Jan 15th 1927 at 9:40 o'clock A.M. and allowed by George Lo, recorder, town clerk I, the end. and [illegible] sound full age ment and resident of the [illegible] who is the [illegible] pro- prietor of the premises of the [illegible] situated in the town of Charlestown in the [illegible] of P. Rhode Island, in terms of Mortgage Book Number 25 at page 429, hereby and declare the same. And [illegible] & will the present writing and represent, that I and the present [illegible] and good. In witness thereof, I have hereunto set my hand and seal this 14th day of February, 1928. AS. Witness Conrad Rado [Signature] LS Above a [illegible] recorded January 16th, AD 1928 and give salute, with [illegible] [Signature] Town Clerk GA