12/8/1928 · MORTGAGE · book 23 page 321 doc 8454

KNOW All men by these presents, that one, Dr. Louis frost and Ruth J. frost his wife, both of the city of Providence in the County of Providence and state of Rhode Island, hereinafter called the mortgagors, in consideration of Three thousand (3000) dollars to be paid by Thomas G. Arnold of the town of Charlestown in the county of Washington in said state herein after called the mortgagee, the receipt of which is hereby acknowledged, do agree, grant, bargain sell and convey unto the said mortgagee, and his heirs and assigns forever, those certain lots of land together with the buildings and improvements thereon situated in the town of Charlestown in the county of Washington and state of Rhode Island, laid out and delineated as lots numbered 10 and 12, eleven and twelve in Block E on that plat entitled "Plat of lots at Hunter's Marina Charlestown R.I., owned by Thomas G. Arnold Sept. 14, 1973, P.G. 45 and Page 11" which plat is recorded in the office of the Town Clerk of land town of Charlestown said lot numbered 11 having been conveyed to these mortgagors by deed from said Thomas G. Arnold dated Dec 22, 1974, and recorded in said book 22 page 266, in said town of Charlestown, and said lots numbered 10 and 12 (ten and twelve) having been conveyed to these mortgagors by deed of trust dated herewith to be recorded herewith, Reference is hereby made to said deeds for a further and more particular description. We also agree describe lots further north from our lot of land bounding westerly on Hunters Rd, as scaled one hundred eighty eight (188) feet more or less, and bounding approximately 111 feet from the north end stands at an approximate right angle with said Hunters Road South easterly one hundred fifty (150) feet more or less to the salt water, bounding south easterly upon Hunter's Harbor, no channel, and is marked at each of its four corners by a stone post set in the ground with a drill hole in the top thereof. Together with all those rights of ways and privileges conveyed by said deeds to these mortgagors and subject to all the restrictions described in said deeds, reference being made to said deeds for a description thereof. I reserve to myself the above granted premises, with all the rights, privileges and appurtenances thereto belonging unto and to the use of the said mortgagors, and his heirs and assigns forever. And we the said mortgagors do hereby covenant and for our heirs, executors and administrators warrant with the said mortgage and his heirs and assigns That we are lawfully seized in fee simple of the said granted premises, That the same are free from all encumbrances except the restrictions hereinbefore mentioned, 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 these presents at all times hereafter peaceably and quietly have, hold and enjoy the said premises, and that we the said mortgagors will and our heirs, executors and administrators shall, warrant and defend the same to the said mortgagee and his heirs and

322 arrive in favor, against the lawful claims and demands of all persons except as to said restrictions. Provided, nevertheless, and their assigns is made upon the express condition that if the said mortgagors their heirs, executors, administrators or assigns, shall pay unto the said mortgagee or his executors, administrator or assigns the sum of three thousand dollars, whereon the said mortgagors have made their negotiable promissory note for said aggregate sum, bearing even date with these presents, and made payable to the said mortgagee, terms deliverable payable on the same time the lists hereof, with interest thereon at the rate of six per centum, per annum payable semi-annually until said principal sum is paid in full, either at or after maturity, and all installments of interest in arrears either before or after maturity, to be borne interest at the rate agreed with paid, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of said premises. Their deed, as well as said promissory note, shall be cancelled and absolutely void to all intents and purposes whatsoever. But if default shall be made in the payment of the said principal sum or of said interest at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid, at the same time become payable, or of any either of them, or of any part thereof, or of breach of the covenants or covenants hereinafter contained, then I shall be lawful in the said mortgagee his executors, administrator 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 and all the benefit and equity of redemption of the said mortgagors Robins Frost and Keith R. Frost their heirs executors administrators and assigns therein at public auction upon the premises and to bid for and become the purchaser or purchasers at any such sale (and no other purchaser or purchasers shall be admissible to the application of the purchaser money) first giving notice of the time and place of sale by publishing the same at least once each month or three quarters weekly in some newspapers published in the form of Quarterly, R.I. and for a like time in some newspapers published in the county of Providence with power to adjourn such date from time to time, provided that the publishing of said notices shall be continued together with a notice of the adjournment or postponements, at least once each week in the same newspapers, and in his or their own name or names or as the attorney or attorneys of the said mortgagors, Robins Frost and Keith R. Frost, (for that purpose by this present duly authorized and appointed with full power of substitution and revocation) to make grants and deeds to the purchaser or purchasers at such sale in good and sufficient deed or deeds of said premises in fee simple and to retain the proceeds of such sale or sales, and from such proceeds to satisfy all sums hereinto reserved, whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interests then due on

The same, together with all expenses incident to such sale or sales or for making deeds thereunder, and for fees of counsel and attorneys, and all costs of expenses incurred in the exercise of said powers, and all taxes, assessments and premiums for insurance of any either therefore paid by the said mortgagor his executors administration or assigns, or then remaining unpaid which said granted premises rendering and paying the sumbles of said principal of all any then due over and above the sum amount to be returned as aforesaid together with a true and particular account of such sale or sales expenses and charges, to the said mortgagee Mr. Louis Frost and Ruth J. Frost their heirs executors administration or assigns, nor shall sale made as aforesaid happen to be profitable both in law and equity against the said Mr. Louis Frost and Ruth J., Frost their heirs executors, administrators and assigns, and all persons claiming said premises so solely from or under them her them or any of them, And the said mortgagor furthermore covenanted and for their heirs executors administrators and assigns hereby covenant with the said mortgagee and his heirs executors, administration and assigns, that he she will upon request execute special deed or deeds duly confirmatory of said and sale as may be required, And furthermore the said mortgagor for oneself and for our theirs, executors administrators and assigns hereby covenant with the said mortgagee and his executors administration and assigns, that insurances acquired upon her they 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 approve 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 loss to the said mortgagee or his executor administration or assigns, as collateral security hereto and in default thereof hereby agree that the said mortgagee or his successors admini- strated or assigns may effect such insurance in the name of the said mortgagor and their heirs and assigns payable in case of loss to the said mortgagee and his executors administration or assigns, and that the premiums or premiums paid therefor shall be a further charge upon said granted premises secured by these presents. In witness whereof we have hereunto set our hands and seals this 27th day of November in the year of our Lord one thousand nine hundred and twenty eight Executed in the presence of George A. Cooney Louis Frost L.S. Ruth J. Frost L.S. State of Rhode Island ss County of Washington In Charlestown on the 27th day of November A.D. 1928 before

324 me personally appeared Mr. Dennis Frost and Ruth J. Frost 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 act and deed George B. Comes Notary Public Received for record December 8th 1925 at 4.15 o'clock P.M. and recorded by George B. Comes Town Clerk For transfer of deed mortgage vol Book 24 Page 151 [Illegible handwritten scribbles/cross-outs] I Evelyn A Potter widow formerly of Narragansett in the town of Smithfield county of New London and state of Connecticut and now of Westerly county of Washington and State of Rhode Island for consideration paid grant to Cora E. Greene of said Westerly with warranty covenants that certain real estate located in Charlestown county of Washington in the State of Rhode Island and described as follows: A certain tract of land with the buildings and improvements thereon situated near Stonington in said Charlestown containing one half acre more or less and bounded on the north by land of the heirs of William loan Frost on the east by the highway south by land of Nathan G. Hathaway and west by land of Frank H. Rixon or others bounded Being the same premises conveyed to Randolph F. Potter by deed from Rhodes G. Potter bearing date of December 18, 1870 and recorded in said Charlestown in Book 10 page 277 and also by deed from William G. Potter bearing date of October 27th 1882 and recorded in said town in Book 11 at page 110 which reference is hereby made and had for a more particular description said premises are conveyed to said grantee her heirs and assigns subject however to a life estate which is to remain in said grantor during her lifetime Witness my hand this 15th day of December, 1925 Evelyn A Potter State of Rhode Island County of Washington In Westerly on the 15th day of December, 1925 before me