1/12/1928 · MORTGAGE · book 23 page 140 doc 8329

140 Personally appeared Henry B. Brightman and Isabella E. Brightman, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by them executed, to be their free act and deed. Herbert W. Rathbun Notary Public Received for record January 10th 1928 at 9 O'clock A.M. and recorded by George Loboris, Town Clerk KNOW ALL MEN by these presents, that we, Henry M. Brightman and Clara A. Brightman, husband and wife, both of the Town of Charlestown, in the County of Washington and in the State of Rhode Island, hereinafter called the mortgagors, in consideration of the sum of two thousand (2000) dollars to us paid by the Morris Plan Company of Rhode Island, a Corporation organized and existing under the Laws of the State of Rhode Island, with a place of business at Westerly, Rhode Island, hereinafter called the mortgagee, the receipt whereof is hereby acknowledged do hereby make and execute bargain, sell and convey unto the said mortgagee, and its successors and assigns forever, All that certain tract or piece of land, being a certain farm, together with the buildings and other improvements thereon standing, situated in said Town of Charlestown, and known as the "Governors Farm," containing one hundred six (106) acres, more or less, bounded and described as follows: Bounded on the North by land formerly of Samuel Stanton and Thomas Hoxie, on the East by land formerly of Samuel Stanton and land of Grace L. Bingham, but the South by land of Samuel Stanton and land of Grace L. Bingham and Stephen S. Berkshire and on the West by land formerly of Thomas Frazer or however otherwise the same may be bounded, being the same premises conveyed to the mortgagors by Edward J. Lambert etc., but their deed dated December 21, 1931 and recorded in said Town of Charlestown land records

volume 20 page 389. Subject only to a prior mortgage to the Mutuals Trust Company of New London Connecticut in the amount of thirty five hundred (3500.00) dollars, dated December 21, 1922 and recorded in said Charlestown land records volume 20 page 391. To have and to hold the aforesaid premises, with all the privileges and appurtenances thereunto belonging listed and to the use of the said mortgagee and its successors and assigns forever, And not to the said mortgagor, his heirs, executors, for themselves and for their heirs, executors and administrators whatsoever coherent with the said mortgage its successors and assigns that are lawfully seized in fee simple of the said granted premises, that the same are free from all incumbrances whatsoever save as above mentioned, that he now have and hold full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and its successors and assigns shall hereafter at all times hereafter peaceably and quietly have and enjoy the said premises and that the said mortgagor, with all and over his heirs, executors and administrators shall warrant and defend the same to the said mortgagee and its successors and assigns against the lawful claims and demands of all persons. Provided, nevertheless, that this conveyance is made upon the express condition that if the said mortgagor their heirs, executors, administrators or assigns shall have paid the said mortgagee or its successors or assigns the sum of thirty thousand dollars, whenever the said mortgagors have made their penultimate promissory note for said aforesaid sum, having then even date with these presents and made payable to the end of the month's loan company off book issued in installments, with interest as provided in said note, and shall have paid all taxes and assessments of every kind levied or assessed upon or respecting said premises this deed and the 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 note or of any installments installments of said aforesaid sum or of any other interest of the time or times or in the manner required by said note or of the taxes aforesaid as the same become payable, or of and or either of them or any part thereof or if breach shall be committed of the covenants for useable or of any other covenant herein contained or if breach shall be made of any covenant or condition contained in any loan, mortgage or said premises or any part thereof of them it shall be lawful for the said mortgagee its successors or assigns, to sell forfeit the in whole, in part and singular, the premises hereby granted or intended to be granted or any part or parts thereof and the benefit and equity of redemption of the said mortgagors and their heirs, executors and administrators and assign thereon at public auction upon the premises, and to bid for and become the purchaser or purchaser at any such sale (and any other purchaser

142 or purchaser shall be answerable for the application of the purchase money, first giving notice of the time and place of sale by the mortgagee same at least once each week three successive weeks in any newspaper published in the town of Pawtucket, R. I 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 adjustments, at least once each week in the same newspaper; and will in its own name or as the attorney of the said mortgagor for that purpose 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 right and sufficient deed or deed of said premises in fee simple, and to proceed to foreclose said note or notes, and both such proceed to retain all money hereby recovered, whether the same are or to fall due then or after, on the part hereafter mentioned comprising unpaid also the interest thereby accrued, together with all expenses incident to such sale or sales, or to making deeds hereunder, and for purposes of counsel and attorney, and all costs or expenses incurred in the pursuit of such powers, and all taxes, assessments and premiums for insurance, if any, either heretofore paid by the said mortgagor, to successors and assigns or from remaining unpaid upon said granted premises, and apply said proceeds in payment of said sums, rendering and paying the surplus of said proceeds of sale, if any there be over and above the amounts to be retained and applied as aforesaid, together with a full 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 made as aforesaid shall forever be a perpetual bar both in law and equity against the said mortgagor their heirs, executors, administrators and assigns, and all other claimants said premises or some or both, from or under them or any of them. And the said mortgagor, for themselves, and for their heirs, executors, administrators and lessors hereby covenant with the said mortgagee and its successor and assigns that they will upon request execute such deed or deed confirmation of said sale or sales as may be required, which further more, the said mortgagor, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and its successors and assigns, that insurance against fire shall be kept and maintained upon the buildings of the premises aforesaid, in such office or offices as the said mortgagee, and its successor and assigns shall select in a sum not less than sixty thousand (60,000) dollars and that the policy or policies for at least ten thousand (10,000) dollars of such insurance shall be assigned and transferred

or made payable in case of loss, to the said mortgagee or successor or assigns, as collateral security hereto, and in default thereof, it is agreed that the said mortgagee, or its successors or assigns, may effect such insurance in the name of the said mortgagee and that his and her successors, payable in case of loss to the said mortgagee, and its successor or assigns, and that the premiums or premiums paid therefor shall be a further charge upon said granted premises, secured by this mortgage. And further most, the mortgagor on her own part and for her heirs, successors, administrators and assigns, hereby covenants with the mortgagee, its successor, and assign, that in the event of the purchase of the said mortgagee of any part of the mortgage on the premises for such sum as aforesaid unpaid to said mortgagee its successor or assigns, in paying said principal mortgage in full, the amount secured by said mortgage shall be redeemed by this mortgage. In witness whereof, we have hereunto set our hands and seals this 11th day of January in the year of our Lord one thousand nine hundred and twenty eight. Signed and sealed in presence of Henry Harris Attorney M. Brightman L.S. Clara M. Brightman L.S. State of Rhode Island to County of Washington, Ss. I, Herbert W. Rutter, do hereby certify that on the 11th day of January, A.D. 1928 before me personally appeared Henry M. Brightman and Clara M. Brightman husband and wife, both to me known and known by me, to be the parties executing the foregoing instrument and they acknowledged said instrument the same executed to be their free act and deed. Herbert W. Rutter Public Notary Received for record January 12, 1928 at 9:15 a.m. by and recorded by Benjamin G. Cox, Town Clerk. For further discharge of this mortgage see page 384 The Rhode Island Company of Rhode Island, having read and found payment and satisfaction of the whole sum within said mortgage recorded in vol 174 of the records of land evidence in the town of Westerly in the State of Rhode Island in book 83 at page 149, hereby cancels and discharges the same; and covenants to and with the person making said payment, that it is the true owner of said mortgage. In witness whereof, it has caused its corporate name to be subscribed and its corporate seal to be affixed by Howard G. Haskell and Fred Rayner its Secy & Gen Manager. Witnesseth that this 2nd day of September a.d. 1931. The Rhode Island Company of Providence By Howard G. Haskell Secy & Manager Fred Rayner Asst Manager L.S. Received March 28, 1931 By Benjamin G. Cox Town Clerk.