The instrument's own words
page 1 · read by Gemma vision
457
KNOW ALL MEN BY THESE PRESENTS: That we, Milton A. Fenner and Mildred A. Fenner, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island hereinafter called the mortgagors) in consideration of Twenty-five hundred and 00/100 ($2500) Dollars to us paid by the WASHINGTON TRUST COMPANY, a Corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal place of business in the Town of Westerly, County of Washington and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said Washington Trust Company, its Successors and Assigns, forever,
A certain tract of parcel of land with the buildings and other improvements thereon situated in the Town of Charlestown, County of Washington, and State of Rhode Island, bounded and described as follows, to wit:
Beginning at a drill hole in hand wall foundation set in the easterly corner of the Trust basin boundary cornering the highway in a general northerly direction, bounded only on the highway and partially on land of the Carman estate, thence a bound stone in the highway, generally northerly on land of or formerly of Herbert A. Gates; thence southeasterly, bounded southeasterly on said Gates land; thence easterly; southeasterly and northeasterly in three courses, bounding northeasterly on land of John J. Durden to the place of beginning, and containing 35.7 acres, more or less. Said tract is more particularly described in a deed dated and executed June 1, 1934, to the thereof entitled, "Land at Shannock in Charlestown, R. I." to be deeded to the Colonels War Memorial Association and wife.
Being the same premises conveyed to Milton A. Fenner and Mildred A. Fenner, Mortgagees herein, by deed of Columbia Narrow Fabric Company, which deed bears date of October 25, 1933, and is recorded in the Land Evidence Records of said Town of Charlestown, in Book No. 32 at page 318.
TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances, unto and to the use of the said Washington Trust Company, its Successors and Assigns, Forever.
And we the said Mortgagors do hereby, for ourselves and for our heirs, executors and administrators, covenant with the said Washington Trust Company, its Successors and Assigns, that we lawfully seized in fee simple of the full and granted premises; that the same are free from all incumbrances; that we have good right, full power and lawful authority to sell and convey the same in manner aforesaid; that the said The Washington Trust Company, its Successors and Assigns, shall by these presents at all times hereafter peaceably and quietly have 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 The Washington Trust Company, its Successors and Assigns, forever, against the lawful claims and demands of all persons, and will also pay the moneys, taxes, assessments, and other expenses hereby secured as hereinafter provided.
PROVIDED, NEVERTHELESS that if we said mortgagors, or our heirs, executors, administrators or assigns, shall not pay the said The Washington Trust Company, its Successors or Assigns, the sum of Twenty-five hundred and 00/100 Dollars at its Banking House in said Westerly, R. I., from the date hereof, with interest thereon, at the rate of five (5%) per centum per annum, payable as provided in a certain promissory note of oven date hereinafter and shall also pay all taxes and assessment of every kind assessed or imposed upon or in respect of said premises or upon said Washington Trust Company, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that may be hereafter enacted, and shall maintain insurance on said premises as hereinafter provided and pay the premiums therefor upon demand, all of said payments to be paid at the several times of payment in currency of the United States, then this deed as also any promissory note whereby said mortgagors promise to pay the Washington Trust Company or order, the sum aforesaid with interest as aforesaid at the times aforesaid, shall become and be absolutely void to all intents and purposes whatsoever.
BUT IF DEFAULT shall be made in the payment of the said certain promissory note of oven date herewith as to the payment of the principal sum or of said interest at the times and in the manner aforesaid, or if the taxes or assessments aforesaid be as the same first become payable, or of any or either of them or of any part thereof, or if breach shall be made of the covenant for insurance hereinafter contained, then it shall be lawful for the said The Washington Trust Company, its Successors or Assigns, to sell, together or in parcels, all and singular the premises hereby
AHA 490
page 2 · read by Gemma vision
or intended to be granted, or any part of parts thereof, and the benefit and equity of recon-
demption of the said mortgagors and of the said mortgagors' heirs, executors, administrators
and assigns therein, at public auction, and to bid for and become the purchaser at any such
sale, and no other purchaser shall be allowable for the application of the purchase money,
first notice of such sale to be given by posting a notice thereof at the premises and at once
each week for successive three weeks in some newspaper published in Washington County with power
to adjourn such sale from time to time, and to advertise such adjournment and to continue that
continued, together with a notice of the adjournment or adjournments, at least once each week
in the said newspaper, and to post a notice of such adjournment in one or more places where as
such notices; and in its or their own name or names, or as the attorneys or mortgagors of the
said mortgagors, and as such purchaser, to convey the said premises and appurtenances with
full power of substitution and revocation), to make, execute and deliver to the purchaser or pu-
chasers, such other conveyance or conveyances as may be necessary to pass the title of the pre-
simples; and to receive the purchase moneys, and from therefrom to retain all sums hereby secured,
whether the same be principal or interest, and any other sums that may be due and unpaid,
and also the interest then due on the same, together with all expenses incident to such
sale or sales, and also the costs of advertising the said sale or sales, and all the sums and
expenses, with a percentage of the above powers and all taxes, assessments and assurances paid
for insurance, either therefore paid by the said trustee or the Washington Trust Company, its Successors
or Assigns, or any person or persons paying the surplus of the purchase sale of said premises,
if any there be and above the amounts and the sums so to be retained as beforehand, together with a
true and accurate account of such sale or sales, and to pay the balance, if any, to the said mortgagors,
their heirs, executors, administrators or assigns, which sale or sales shall forever bar the pre-
sent mortgage and any renewal thereof, and the right of redemption of the said mortgagors, their
heirs, executors, administrators or assigns, and all persons claiming said premises so sold by the
said trustee.
And we the said mortgagors, for ourselves and for our heirs, executors, administrators and
assigns, by these presents do hereby covenant with the said Washington Trust Company, its Successors and Assigns,
that we shall appoint and execute such sale or deeds conveyance or deeds confirmatory of such sale or sales
as may be necessary or advisable.
And FURTHERMORE, we the said mortgagors for ourselves and our heirs, executors, administrators
and assigns, do hereby covenant with the said Washington Trust Company, its Successors and
assigns, that our insurance against loss by fire or any other casualty which may possibly be subject
by the mortgage shall be kept and maintained on the buildings on the premises aforesaid in such
amount as the said trustee or its Successors or Assigns may from time to time determine shall be
less than Twenty-five hundred and 00/100 Dollars or in such greater amounts as will prevent the
overtaking of the Washington Trust Company, its Successors or Assigns, in the event of a loss, and
or policies of such insurance shall be assigned and transferred, and more payable in case of loss,
to the said Washington Trust Company, its Successors or Assigns, and we further covenant and
hereto, and in default of thereof hereby agree that the said Washington Trust Company, its
Successors or Assigns, may at its option and cost, and expense, from time to time, insure the premises
existing insurance or may effect new insurance; and the said mortgagors for themselves and for
their heirs, executors, administrators or assigns, do hereby covenant to pay to the said Washington
Trust Company, its Successors or Assigns, upon demand any premium paid by it or them, and if
not repaid, the sum of the said premium together with interest thereon shall be a further charge upon
said premises and granted and secured by them and their premises as aforesaid
IN WITNESS WHEREOF, we have hereunto set our hands and seals this First day of April A. D.
one thousand nine hundred and fifty-three.
Signed, sealed and delivered
in presence of
Alfred C. Baker
WILTON A. PENNER
MILDRED A. PENNER
STATE OF RHODE ISLAND, )
) SC:
County of Washington )
In Westerly on the 1st day of April, A. D. 1953 before me personally appeared the above named
mortgagors Wilton A. Penner and Mildred A. Penner each and all to me known and by me to be
the parties executing the foregoing instrument, and severally acknowledged said instrument, by
them executed, to be their free act and deed.
ISABELLE W. ROOK (Notarial Seal)
Notary Public
Received for record April 2nd, A. D. 1953 at 11:30 o'clock, a. m., and recorded by
[Signature]
Town Clerk
THE WASHINGTON TRUST COMPANY in the Town of Westerly, County of Washington, State of Rhode Island, having received
full payment and satisfaction of the within mortgage, recorded in the Records of Town of Charlestown, Rhode Island,
in Real Estate Mortgage Book 33 Page 457 does hereby cancel and discharge the same.
IN TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto
affixed by Raymond H. Wolter Treasurer duly authorized this 7th day of March 1953.
Signed and Sealed in presence of
Robert B. Perry
THE WASHINGTON TRUST COMPANY (Corporate Seal)
Raymond H. Wolter
Received for record March 8th, A. D. 1953 at 9:10 o'clock, a. m. and recorded by
[Signature]
Town Clerk
The page as recorded
