2/28/1928 · MORTGAGE · book 23 page 158 doc 8340

159 KNOW ALL MEN by these presents, That I J. Elemon & Water of the town of South Kingstown, county of Washington, State of Rhode Island, and Providence, called the mortgagor in consideration of $75 from Howard & others to me heard by my Delegate self’s trust company, a corporation created under the laws of the State of Rhode Island, said trust and enduring trustee in the town of South Kingstown, County of Washington, in said state, the receipt whereof is hereby acknowledged, I, said trust company, to successors and assign frees, A certain right of land situated in the town of Old Northforth, in the county of Washington and state of Rhode Island, containing one hundred and forty (140) acres, be the same more or less, with all the buildings, dwellings and appurtenances to the same, bounded and described as follows, namely On the North and East by land bought now or formerly of Edward Burdick, on the South by the Salt Pond and on the West by a piece of land formerly of James H. Kenyon by premises consisting of a house lot to be described, All are located situated in said Rhode Island, containing by estimation eight 8 pieces of land, more or less, bounded North and East by the Salt Pond and on the South by the sea and West and East fence, first a piece of salt marsh land, so called, lying and being in said Rhode Island, containing first 3(three) acres of land, be it same more or less and bounded North by the Salt Pond, so called East land, more or formerly of James H. R. Keen, South by the sea and West the land, more or formerly of Benjamin wode and said Edward J. Burdick, or premises of others combined or as hereafter to be combined, All the above described tracts of land and premises being the same conveyed to Elmer E. Browning and Ellen M. Browning by Edward G. Burke Commissioner, by deed dated August 12, 1914, and recorded in said Court’s records of said from H. Olemanstein, in Book 1118, at page 82, and being the same premises conveyed to Nathan K. Foster in October 11, 1921 and after by deed dated the 30 day of November AD 1871, and recorded in said Clerkship land Records in Book 110, at page 312, specifying the lands and premises mentioned and described in a deed from Nathan K. Foster to something peak, being dated July 30 1874, and recorded in said clerkship Land Records in Book 111, at page 423, and the lands and premises mentioned and described in a deed from Nathan K. Foster to Joseph Stokes, bearing date of November 18 1883, and recorded in said clerkship land Records, Book 121, at page 213, and the lands and premises mentioned and described in a deed from Nathan K. Foster to R. B. Balloch, bearing date of June 10, 1887, and recorded in said clerkship land Records, in Book 121, at page 449, to which said reference is hereby made and all the Same having a claiming a right of way.

acres aforementioned above described Also a tract of land situated in said township containing twenty from (20) acres of land, more or less, bounded as follows: Beginning at the North end of the line small between land of Edward Bromfield and land of others above described at the Southwest corner of said premises thence running Northerly in a straight line in continuation of the line more above mentioned to the beach road, so called, bounded Easterly by land of Edward Bromfield; thence Westerly bounded Northerly by said Beach Road to a stone monument, a boundary; thence Southerly bounded Westerly by said Bromfield land to the Stony Pond, so called, and thence South South West bounded Northerly by said pond to edges of the marshes above described and convey thence Easterly bounded Southerly by land of others first was described to the first mentioned corner of land and thence East the first and place of beginning, or however other wise bounded or related to be bounded Likewise another tract of land situated in said township, bounded and described as follows: to wit beginning at the North end of the wall on the North side of the mill estate, so called, land formerly of Elmore E. Browning and Ellen M. Browning, also reserved; thence Easterly along said wall to the Beach Road, so called, bounding Northerly by land of Edward E. Bromfield; thence Southerly bounding Easterly by said Beach Road, fifty (50) feet thence generally parallel with said wall nor East line, fifty (50) feet from the same, to land formerly of Elmore E. Browning and Ellen M. Browning, bounding Southerly by land of Edward E. Bromfield; thence Northerly bounding Westerly by land formerly of Elmore E. Browning and Ellen M. Browning to the place of beginning, or however other wise bounded or related to be bounded The two tracts of land last above described being the same premises conveyed to Elmore E. Browning and Ellen M. Browning by Edward E. Bromfield by deed dated April 7th 1891 and recorded in records of deeds in said town of Charlestown, in Book No. 20 at page 9 to which lead and this record thereof reference is made mut and nail and the same made a part hereof Excepting from the above described described property so much thereof as this mortgagor has heretofore, by deed, ceded in the said town Gardeners received paid form of Charlestown, deeded to Frank H. Moore, George T. Hennick, Joseph Lannet, inhabitants in town, always Eastern Rhode Island Wright Gnome E. Burton, Elora G. Olney, George M. Cochrane, Stella F. Spence, Albert E. Brown, Ronald G. Long and Sinto G. Brown, To have and to hold, the aforesaid premises, with all the privileges and appurtenances thereunto belonging unto and to the use of said Providence Trust Company, its successors and assigns from And the said mortgagor the hereby for myself and for my heirs executors and administrators, covenanted with said Providence Trust Company, its successors and assigns that I am lawfully seised

160 in all respects that the said granted premises that the same are free from all incumbrances that I have good right full power and ample authority to sell and convey the same in manner as aforesaid that said Wakefield Trust Company its successor and assigns shall by these presents at all times hereafter necessarily and quietly have and enjoy the said premises and that the said mortgagor will and my heirs executors speculators and administrators shall warrant and defend the same to said Wakefield Trust Company its successors and assigns forever against the lawful claims and demands of all persons Que for the consideration aforesaid I J Hudson on the said second do hereby solemnly forever release all my right title survey and interest in the said granted premises unto said Wakefield Trust Company its successors and assigns forever Witnesseth accordingly and this conveyance I make upon the first condition that the said mortgagor or her heirs executors administrators or assigns shall only pay unto said Wakefield Trust Company its successors or assigns the sum of Six Thousand Six hundred dollars however the said mortgagor has made arrangements to borrow said amount sum bearing load date with these presents and made payable to the president of the said Wakefield Trust Company one year from the date hereof with interest thereon at the rate of six per centum per annum payable semi annually in advance until said principal sum is paid whether it or after maturity and all installments of interest in arrears whether before or after maturity at the rate of six per centum per annum until paid and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises or in respect of said mortgage which the said Wakefield Trust Company its successors or assigns may be called upon to pay or other as aforesaid under statutes and laws in force or that may be given in amendment thereof then this deed as any said premises note shall become null and absolutely void as to all interest and principal however but if default shall be made in the payment of the paid principal sum or of any part interest at the times or times said in the manner aforesaid or of the taxes or assessments aforesaid as the same become taxable or of any or either of them or of any part thereof or if breach shall be made of the covenant for insurance hereafter contained then it shall be lawful for said Wakefield Trust Company its successors or assigns to enter either or in whole all and appurten the premises hereby granted or intended to be granted or any part or parts thereof and the benefit and equity of redemption of them from the said claimants heirs executors administrators heirs creditors administrators and assigns thereupon at public auction and to bid for and become the purchaser or purchasers at any such sale and no other purchaser or purchasers shall be admissible

for the application of the purchaser only) first giving notice of the time and place of sale by publishing the same at least once and each week for three successive weeks in some newspaper published in Washington County, said State of Rhode Island, 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 said notice at least once each week in the same newspaper; and said sale to be upon the premises or elsewhere as the specified in such notice and used in its or their own names or names, or as the attorney or attorneys of them of the said Eleanor D. Baker and her husband (for him not by deed but by trust) duly authorized and appointed with full power of substitution and revocation, to make, execute and deliver to the purchaser or purchasers at which sale or sales a good and sufficient deed of said premises in fee simple, and to receive of the proceeds of such sale or sales, and therefrom to retain all sums accruing received, whether then due or to be due full interest thereon, in the first place then remaining unpaid and also the costs incident to such sale, and all ensue fees and other expenses, incurred in or in any way connected with the expenses of their process, and all taxes and assessments as aforesaid, and all premiums for insurance, if any, either heretofore paid by said Wakefield Trust Company, its successors or assigns, or then remaining unpaid, and receiving and paying the surplus of said proceeds of sale, if any there be over and above the amounts to be retained as aforesaid together with a true and particular account of such sale or sales, expenses and charges to be, said mortgage, her heirs, executors, administrators or assigns whom such sale or sales more as aforesaid shall forever be a full and perfect bar both in law and equity against them the said Eleanor D. Baker and her husband, their heirs, executors, administrators and assigns, and all persons claiming said premises, so sale by, from or under them or any of them, And I, the said mortgagor, for myself and for my heirs, executors, administrators and assigns hereby covenant with said Wakefield Trust Company, its successors and assigns that I will who require respect each such deed be made conformable of such sale or sales as may be necessary or advisable. And furthermore, I, the said mortgagor, for myself and for my heirs, executors, administrators and assigns, hereby covenant with said Wakefield Trust Company, its successors and assigns that my tenement against all fires shall be kept and maintained on the buildings by the premises aforesaid, in such office or offices as said Wakefield Trust Company, its successors and assigns shall stipulate in a sum not less than Three Thousand (& 3,000) Dollars, and that the policy or policies of such insurance upon said buildings shall

162 be assigned and transferred, or made payable in case of loss, to said Wakefield Trust Company, its successors and assigns, as collateral security for debt, owed in default thereof, hereby agree that said Wakefield Trust Company, its successors and assigns, may collect such insurance either in its or their own name or in the name of the said mortgage, her heirs or assigns, and that the premium on the insurance paid therefore shall be further charge, when said insurance renewed, as provided hereinbefore as aforesaid, In witness whereof, we have set our hands and seals the 29th day of February A.D. one thousand nine hundred and twenty eight, Signed, sealed and delivered in presence of Forrest Sullivan Eleanor D. Baker L.S. Howard Hamilton Baker by Eleanor D. Baker L.S. Attorney in fact Lutie P. Hyde Second witness in Washington In douglas Kingston on the 29th day of February, A.D. 1928, before me personally appeared the above named Eleanor D. Baker, and Eleanor D. Baker as attorney in fact for Howard Hamilton Baker to me known and known him only to be the parties executing the foregoing instrument and they acknowledged said instrument, to be their act and deed. Eleanor D. Baker Notary Public L.S. Received for record Feb. 28, 1928 at 11:45 o'clock a.m. and recorded in George G. Corliss, Tom Clerk The Wakefield Trust Company in such capacity, hereby releases full power and authority of the above mortgage, then fully paid and satisfied, she now discharging thereof, and said Company declares that there is to be signed and its Company sealed to be here affixed by the Governor thereof, duly authorized and this 11th day of May A.D. 19th Signed and sealed in presence of Lutie P. Hyde Wakefield Trust Co (L.S.) by Frank W. Channing, Pres Above discharge received from me May 11, 19th at 10:30 o'clock A.M. and recorded by Lutie P. Hyde George G. Corliss, Clerk.