11/16/1928 · MORTGAGE · book 23 page 305 doc 8444

305 I, Perrie M. Coons of Charlestown, Washington county, Rhode Island for consideration paid, agree to freed Alice and Hattie M. Cole husband and wife of said Charlestown, as joint tenants and co tenants in common with quitclaim covenants, that certain real and personal estate situated in Charlestown county of Washington in the state of Rhode Island, and described as follows: a certain tract of land located situated in the village of Charlestown in said Charlestown containing by estimating one half acre or there on with a dwelling house and other improvements thereon bounded as follows: on the North by the land of George G. Browning heir of the heirs of James H. Tucker, Easterly by land of Alice S. Brown, Southerly by land of Alice in the way and on the West by a highway or however otherwise bounded. Witness my hand this seventh day of September 1928 George In Coons Perrie M. Coons State of Rhode Island County of Washington In Charlestown on the 7 day of September 1928 before me personally appeared Perrie M. Coons to me known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument by her seal scaled, to be her free act and deed. George In Coons, Notary Public Received for record Sept 11, 1928 at 9:30 o'clock a.m. and recorded by George In Coons, Town Clerk Know all men by these presents, that I Elmer H. Darling, of the town of Westerly in the County of Washington and State of Rhode Island for and in consideration of the sum of Twenty Four Hundred (2400) Dollars well and truly paid by the Washington Fruit Company of the town of Westerly County of Washington and state of Rhode Island the receipt hereof is hereby acknowledged by these presents do grant bargain sell convey and assign unto the said Washington Fruit Company, its successors and assigns, forever, those three lots or parcels of land with any buildings and improvements thereon, situated in town of Westerly in the town of Charlestown, in the State of Rhode Island, and bounded and described as follows: 1. That lot of land laid out and defined and described as Lot No. 7 (seven) on that plat entitled "Plat of Cottage Sites on W.H.R. Railroad property.

306 Environmental East Beach 4. M. Woodyard, surveyor, May 1914" and recorded in the record of Land Evidence in said Charlestown in Book No. 46, at page 116, said lot bounds westerly on a road on which it measures one hundred (100) feet and holding then north with sides easterly to Charlestown Road, it called, formally northerly on lat. 41° (eight) 30' said plat one hundred twenty (120) feet more or less, and southerly on lat. 41.6(six) of said plat one hundred fifteen (115) feet more or less, and corner otherwise bounded and described. 2. commencing at the southeastern corner of the lot of land herein described, ascending and running more or formerly of S. Wales Booth, and on the north side of the public highway, thence southerly by and with said land of Parrot fifty (50) feet, thence easterly by and with land more or formerly of M. P. Woodyard fifty (50) feet, thence northerly by and with land of S. P. Biddington fifty (50) feet to a point which is on the southerly side of said highway, thence westerly by and with the northerly side of said highway fifty (50) feet to the point from which and place of beginning or otherwise bounded and described. 3. Beginning at a stake on the beach bank on the southeasterly corner of land more or formerly of G. Middlebrook and William M. Booth, thence northerly bounded westerly by said corner (and seventy (70) feet more or less, thence easterly at right angle fifty (50) feet, thence southerly at right angle seventy (70) feet more or less to said beach bank, thence northerly along said beach bank fifty (50) feet to the point of beginning, bounded northerly by land more or formerly of Biddington & others and easterly on land more or formerly of William M. Booth and wife, and otherwise bounded and described. Being the same premises conveyed to me by deed from George L. Booth bearing date June 14, 1924 and recorded in the records of deeds in the Town of Charlestown, R.I. in Book No. 77, page 243. I have and hold the said grantor and bounded premises with all the privileges and appurtenances to the same belonging or in any way appertaining to the said grantor, to his successors and assigns forever. Said I, the said grantor to myself and for my heirs, executors and administrators do covenant and agree with the said grantee, to his successors and assigns that at and before the executing hereof I am the lawful owner of the above described premises, and am seized and possessed of the same in my own right as good perfect and absolute of inheritance in fee simple, and have that right fully set clear and confirm the said premises premises in manner aforesaid. And that the said demised and bargained premises with all the appurtenances are free from all encumbrances of what nature or nature soever, that might in any measure or degree obstruct or make void this present deed. Furthermore I, the said grantor for myself and for my heirs, executors

and administrators do covenant and engage the above named devisees to the said trust company, its successors and assigns, against the lawful claims or demands of any person or persons whomsoever, to warrant seisin secure and defend by their just and lawful authority. And I [blank] wife of said Elias M. blooming housewriter induced by the love before mentioned, in consideration of the sum paid as aforesaid, do hereby release and forever quitclaim unto the said trustee, its successors and assigns, all my right of dower in and to the above described premises. The conditions of this deed is such that notwithstanding the use of said trustees has executed an equitable mortgage note for the sum of twenty four thousand dollars bearing interest with date herewith and made payable to the said Trust Company, or others may assign six months after date, with interest thereon at the rate of six per centum per annum, payable conveniently in money, the said Elias M. [blank] or any other person burden, for us shall pay and write it monthly, together with the interest thereon according to the terms thereof, then this deed shall be void otherwise shall it be and remain in full force and effect. Furthermore the said grantor do hereby constitute and appoint the said trustee its successors and assigns our attorney irrevocably, with full powers of substitution and revocation for us and in our name or names in the payment of the same at any time, in case default shall be made in the payment of any sum part of the sum mentioned above and thereon, and any such default shall continue for a term of ten days, to collect public notices in the premises aforesaid or some part thereof they first hearing notice of the time and place of sale by publishing the same at least once before such notices in some one of the public newspapers publication surrounding the location and in one or more in it or in their name or names to make and deliver to the purchaser or purchasers of any deed or deed that may be necessary to vest in such purchaser or purchasers an estate in such mortgaged premises, and on sale thereof I hereby granting unto our said attorney power to continue or adjourn such sale from time to time, we do authorize said attorney to secure the amount the same may be sold for and after the payment of all the expenses incident to such sale deeds, to satisfy, completely the remaining to the payment of the amount of principal and interest of said note fully secured I hereby agreeing that in case of a full default in the payment of said rent hence annual unless the principal of said note shall become due and payable on the day of such sale accounting to our or to our heirs and assigns, for all sums now and above the amount thereof me hereby ratify and confirming such sale or sales as may be made in such manner to be made by virtue hereof. Furthermore the the said grantor for himself and for his heirs, executors, administrators and assigns, all hereby covenant with the said trustee its successors and assigns, that insurance against loss by fire shall be kept and maintained upon the buildings on the premises aforesaid in a sum not less than twenty 307

308 four Hundred dollars, and that his policy or policies of such insurance shall be assigned and transferred to the said borrower, its successor and assigns or collectors security hereby and in default thereof, as surety agree that the said borrower, its successors or assigns, may effect such insurance and the premiums or premium paid therefor shall be a further lien upon said estate added to the amount of said note and secured by these presents. In testimony whereof, we have hereunto set our hands and seals the sixteenth day of November A.D. 1928. Signed, sealed and delivered in presence of \- Isaac E. Roche Elmer M. Darling Annie M. Darling State of Rhode Island, Washington Co. ss In Diversity in said county this 16th day of November A.D. 1928 before me personally appeared Elmer M. Darling and Annie M. Darling and did acknowledge and declare to me and known to me to be the individuals described in and who executed the foregoing instrument and they freely and voluntarily acknowledged said instrument to be their free act and deed Gayence E. Roche Notary Public Received for record November 16, 1928 at 1:15 o'clock A.M. and entered by George G. Lowndes Town Clerk For Court Case Return of above Mortgage see Doc 25. Page 16 The Mortgage to the First National Bank, having been paid full amount and set aside for the said mortgage, owner, and the mortgage had been cancelled in the Town of East Greenwich with the party of the second part in the Mortgage Book Nov 23, 45 year 1937, by the said owner and subsequent the same. And it appears to be that the mortgage was’ cancelled and voided that it is the present mortgage For the reason why the Mortgage to the First National Bank was cancelled by its Grantee, duly entered and recorded the 16th day of October A.D. 1937 The Mortgage to First National Bank East Greenwich, R.I. (Corporate Seal) by Alfred C. Baker, Treas Received for record October 16th A.D. 1937 at 1:30 o'clock p.m. and entered by L. L. B. Brown Town Clerk