7/31/1964 · MORTGAGE · book 39 page 641 doc 8581@39/641

641 TRACT FOUR: Those certain avenues and streets as shown and delineated on plat entitled "Replat of Shady Harbor Section no. 2" Charlestown, R.I., Belonging to Everett Graichen May 3, 1957 Scale 1" = 50' Clifford R. Stewart, Reg. Land Surveyor", and designated as Shirley Road; the rights of way shown on said plat including unowned street 60 feet in width designated as Shirley Road; the rights of way shown on said plat including an unowned street 60 feet in width between lots nos. 90 and 91 and an unowned street 20 feet in width between lots nos. 90 and 91. TRACT FIVE: Those certain avenues and streets as shown and delineated on plat entitled "Shady Harbor Section no. 2" Charlestown, R.I., Belonging to Everett Graichen Aug 22, 1955 Scale 1" = 50' Clifford R. Stewart, Reg. Land Surveyor", and designated as Shady Harbor Drive; an unowned 50 foot roadway located between lots 101 and 109; and a ten (10) foot easement located between lots nos. 209 and 210. TRACT FOUR: Those certain avenues and streets as shown and delineated on plat entitled "Shady Harbor Section no. 4" Charlestown, R.I., Belonging to Everett Graichen and Lucy Graichen August 10, 1955 Scale 1" = 50' Clifford R. Stewart, Reg. Land Surveyor", and designated as Shady Harbor Drive, and an unowned 60 foot roadway. TRACT FIVE: Those certain avenues and streets as shown and delineated on plat entitled "Shady Harbor Section no. 6" Charlestown, R.I., Belonging to Everett and Lucy Graichen January 15, 1960 Scale 1" = 50' Clifford R. Stewart, Reg. Land Surveyor", and designated as Hillcrest Drive and Cedar Knoll Drive. TRACT SIX: Those certain avenues and streets as shown and delineated on plat entitled "Shady Harbor Section no. 6" Replat Lots 120, 121, 122 Charlestown, R.I., Everett and Lucy Graichen June 1961 Scale 1" = 50' Clifford R. Stewart, Reg. Land Surveyor" Note: Original subdivision is shown on plat by Clifford R. Stewart, Reg. Land Surveyor", and designated as Shirley Road, and an unowned roadway 40 feet in width. TRACT SEVEN: Those certain avenues and streets as shown and delineated on plat entitled "Shady Harbor Section no. 7" Charlestown, R.I., Belonging to Everett and Lucy Graichen April 1, 1963, Scale 1" = 50' Clifford R. Stewart, Reg. Land Surveyor", and designated as Blueberry Hill Drive, Lynn Road, Hillside Drive, Keel Point Road and Shady Harbor Drive. The object and purpose of this conveyance is to transfer all title, right and title and the grantors said have unto said avenues and rights of way for the use of the voters of Shady Harbor Fire District to be used for highway purposes, also interest in rip rap lines located in said avenues and rights of way. The grantors reserve the right for the benefit of the remaining land of the grantors located in said Shady Harbor Fire District, to pass and repass in common with others over and across said streets, roads, drives and avenues, and rights of way for any and all purposes. IN WITNESS our hands this 23rd day of July 1964. EVERETT GRAICHEN LUCY GRAICHEN STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 23rd day of July 1964 before me personally appeared Everett Graichen and Lucy Graichen 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. JAMES D. THORNTON Notary Public The consideration for this deed is such that no revenue stamps are required. Received for record July 31, A. D. 1964 at 8:05 o'clock, a.m., and recorded by [Signature] Deputy Town Clerk ---- EQUITY MORTGAGE KNOW ALL MEN BY THESE PRESENTS, That EMILY R. LUCHKA of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the "mortgagor", in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid to the "mortgagor" by PLANTATIONS BANK OF RHODE ISLAND, a banking corporation organized and existing under the laws of the State of Rhode Island and located in the City of Providence, State of Rhode Island, hereinafter called the "mortgagee", the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said "mortgagee", its successors and assigns forever: Those three (3) certain parcels of land, with any buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, described as follows:--

642 PARCEL I: That certain tract of land containing approximately 60 Acres; bounded and described as follows:— Commencing at the northwesterly corner of the mownright at the highway; thence running northerly partly on land now or formerly of the heirs of George P. Bagge and partly on land now or formerly of Thomas W. Boies and his wife, to the Pawcatuck River; thence northeasterly on said river to a brook dividing said land from land now or formerly of Nathan Champlin naming thence easterly on the said course or parallel thereto to a fence; thence southerly on a stretch of land to a brook; thence easterly on said brook to a fence; thence southerly on said fence to Champlin's land to said brook; thence easterly on said brook to a highway; thence southerly on said highway to the highway running east and west; thence westerly on said road to a point dividing highway to be first named; EICHE TBD, however, the portion thereafter conveyed by Nathan H. Champin and wife, to Farm Reclamation Company, Inc., by deed dated June 11, 1923 and recorded in Charlestown Land Records in Deed Book 19 at page 450. PARCEL II: That certain tract of land containing by estimation 100 Acres, bounded and described as follows:— Beginning at the end of a stone wall, nearly opposite the dwelling of the grantee, on the southerly side of the Town highway leading from Wood River Junction to Burdicksville, so called; thence running southerly following the course of said stone wall to a brook; thence running northeasterly on said brook to a large boulder; thence running easterly along said stone wall to a fence; thence southerly on said stone wall; thence running westerly by estimation 100 feet to a fence; thence running northerly on said fence to a brook; thence running easterly on said brook to a fence; thence running southerly on said fence to a point dividing land now or formerly of Pen ut and ex westerly by estimation 50 feet to an end of a stone wall; thence northerly bounded westerly by said fence to land now or formerly of Pen ut and ex westerly by estimation 50 feet to a brook; thence running northerly on said brook to a fence; thence easterly on said fence at Town highway; thence running southerly on said highway to a brook; thence running easterly on said brook to a fence; and westerly by estimation 50 feet to land now or formerly of Charles N. P a l m e r ut and ex westerly by estimation 50 feet to land now or formerly of John J. Pen ut and ex westerly by estimation 50 feet to land now or formerly of said John J. Pen ut and ex. PARCEL III: That certain tractor parcel of land containing 10 Acres, more or less, bounded and described as follows:— Beginning at a point on the northerly side of the Town highway leading from Wood River Junction to the Burdicksville, said point being the northwesterly corner of the premises hereby conveyed; thence running northeasterly by estimation 100 feet to a fence; thence running southerly on said fence, easterly bounded northerly by said Town highway, a distance of forty (40) rods, more or less, to a fence; thence running southerly on said fence to a point; thence running easterly by estimation 100 feet, more or less, to the end of said fence; thence turning and running in a westerly general direction along northern boundary fence a distance of one hundred feet; turning and running in a westerly general direction along northern boundary fence a distance extending in a southerly or northeasterly direction following the course of said barbed wire fence to a large boulder at the end of said fence; thence running northerly along said fence to a point and place of beginning or more westerly on direction following the course of a fence and a wall to the point and place of beginning; bounded northerly by said Town highway; bounded easterly by land now or formerly of Charles G. Farrington ut and ex; bounded southerly by land now or formerly of said Frederick Kenyon. This mortgage is executed subject to all agreements, rights of way, easements, burial ground rights and otherrights as set forth in title deeds. Excluding however from said parcels of land that certain tract or parcel of land with all the buildings and improvements thereon conveyed by the mortgagor to the mortgagor by quit claim deed dated August 13, 1963 and recorded in the Town Clerk's Office, Charlestown, Rhode Island. This Mortgage is subject to a mortgage to the Plantations Bank of Rhode Island dated October 3, 1958 and recorded in the Town of Charlestown, Rhode Island. TO HAVE AND TO HOLD the aforesaid premises, with all the rights, privileges and appurtenances thereto belonging unto and to the use of the said "mortgagee" and its successors and assigns forever. And, as the said "mortgagor" does hereby covenant with the said "mortgagee" and its successors and assigns forever, that the "mortgagor" is lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances except as aforesaid; that the "mortgagor" has good, right, full power and lawful authority to sell and convey the same in a manner as aforesaid; that the said "mortgagee" and its successors and assigns shall by these presents and at all times hereafter peaceably and quietly have and enjoy the said premises, and that the said "mortgagor" shall warrant and defend the same to the said "mortgagee" and its successors and assigns forever against the lawful claims and demands of all persons. PROVIDED NEVERTHELESS, and this conveyance is made upon the express condition that if the "mortgagor," or the heirs, executors, successors or assigns of the "mortgagor" shall pay unto the said "mortgagee" or its successors and assigns any and all indebtedness now or sum of money now due and/or dying by the "mortgagor" (or either of them) whether solely, or together with any other person or persons, or which may hereafter, during the continuance of this mortgage become or be owing by the "mortgagor" (or either of them) whether solely or together with any other person or persons, to said "mortgagee," whether said indebtedness or sum of money be secured or unsecured, and whether or not represented or evidenced by check, promissory notes, or otherwise, and whether as surety, endorser, guarantor or otherwise; and shall also pay when the same first becomes payable all taxes and assessments of every kind levied or assessed upon or in respect of said premises, this then deed, as also the evidence of said indebtedness, shall become and be absolutely void to all intents and purposes whatsoever.

643 BUT IF DEFAULT shall be made in the payment of any and all indebtedness or sums of money now due and/or owing by the "mortgagor" (or either of them) whether solely, or together with any other person or persons, or which may hereafter, during the continuance of this mortgage, become or be owing by the said "mortgagor" (or either of them) whether solely, or together with any other person or persons, to said "mortgagee", whether said indebtedness or sums of money be secure or unsecured, and whether or not evidenced by promissory notes, or other- wise, or whether as surety, endorser, guarantor, payor, or otherwise, or if default shall be made in the payment of the taxes or assessment aforesaid, as the same first borne above, or if any or either of them, or any part thereof, or if breach shall be made of the covenant for insurances hereinafter contained, or if default shall otherwise be made by said "mortgagor", or the heirs, executors, administrators, successors or assigns of the "mortgagor" in any of the terms, covenants or conditions hereof then, it shall be lawful for the said "mortgagee", its successors 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 the benefit and equity of redemption of said "mortgagor", and the heirs, executors, administrators, successors and assigns of the "mortgagor" therein, at public auction upon the premises, or elsewhere as stated in the note hereinafter specified, and to bid for and become the purchaser or purchasers at any such sale (and no other purchaser or purchasers shall be allowed for the application of the purchase money), first giving notice of the time and place of sale by publishing the same at least once each week for three successive weeks in any newspaper published in Providence, 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 or adjournments at least once each week in the same newspaper and in its or their own name or names, or as the attorney or attorneys of the said "mortgagee" (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation) to make, execute and deliver the purchase or purchasers at such sale a good and sufficient deed of sale or deeds of sale preferred in simple fee and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured, whether due then or due to fall due there- after, or from the part preferred then remaining unpaid, and also the interest then due on the same, together with all expenses incident to such sale or sales, or for making deeds beforehand, and fees of counsel and attorneys, and all costs or expenses incurred in the exercise of aforesaid powers, and all taxes, assessments and premiums for insurance, if any, either theretofore paid by the said "mortgagor", its successoror assigns, or then remaining unpaid upon said granted premises, rendering and paying the surplus of said proceeds of sale if any there be, over and above the amounts so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said "mortgagor", or to the heirs, executors, administrators, successors and assigns of the "mortgagor", which sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity against the said "mortgagor", and the heirs, executors, administrators, successors, and assigns of the "mortgagee", and all persons claiming said premises, so sold, by, from, or under them, or any of them. And the said "mortgagor" hereby covenants with the said "mortgagee", its successors and assigns, that the "mortgagor" will upon request execute such deed or deeds confirmatory of said sale or sales made as by required. AND FURTHERMORE, the said "mortgagor" does hereby covenant with the said "mortgagee", and its successors and assigns, that insurance against loss by fire shall be kept and maintained on the buildings on the premises aforesaid, in such office or offices as the said "mortgagee" and its successors or assigns, shall approve in a sum to be stated by said "mortgagee" from time to time, and that the policy or policies of such insurance shall be assigned to transferee, and where made in payable in case of loss, to the said "mortgagee", or its successors or assigns, as collateral security heretofore, and herein default thereof, hereby agrees that the said "mortgagee", or its successors or assigns, may effect such insurance in the name of the said "mortgagor" or the heirs, executors, administrators, successors and assigns of the "mortgagor", payable in case of loss to the said "mortgagee", and its successors or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises, secured by these presents. And for the consideration aforementioned, Benjamin Luchka does hereby release, all his right of curtesy in and to the said granted premises; unto the said mortgage, its successors and assigns, forever.

644 IN WITNESS WHEREOF, this 29th day of July in the year our Lord one thousand nine hundred and sixty-four. BENJAMIN LUCHKA EMILY R. LUCHKA Executed in the presence of: Joseph J. Langello INDIVIDUAL ACKNOWLEDGEMENT STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence on the 29th day of July, 1964, before me personally appeared the above-named Benjamin Luchka and Emily R. Luchka to me known and by me to be the party executing the foregoing instrument and acknowledged said instrument by him executed to be his free act and deed. JOSEPH J. LANGUAGE Notary Public My Commission expires June 30, 1966 Received for record July 31, 1964 at 9:00 o'clock, a.m., and recorded by ---Jos. M. Hibbs--- Deputy Town Clerk ---- I, JOHN B. KENTON, JR., of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid, grant to EVERETT R. GRAICHEN and LUCY GRAICHEN, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, as JOINT TENANTS and not as Tenants in Common, with WARRANTY CONVEYANCE That certain lot or parcel of land, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, laid out and designated as Lot Number One Hundred Four (104) on that plat entitled, "Section No. 3 Shady Harbor in Charlestown, R.I. Belonging to Everett R. Graichen, Clifford R. Stewart, Surveyor, August 22, 1955," which plat is recorded in the Office of the Town Clerk of the Town of Charlestown in Plat Book No. 3, Page 11. And TOGETHER with the rights, privileges and appurtenances running with said land, and SUBJECT to the restrictions and reservations contained in that certain deed, dated June 27, 1958, from these Grantees to this Grantor, recorded in the Records of Land Evidence, said Town of Charlestown, Book 36, Page 197. I, JOHN B. KENTON, JR., covenant that I am unmarried. WITNESS my hand this 29th day of July, 1964. JOHN B. KENTON, JR. STATE of RHODE ISLAND } } County of Washington } In Westerly, on the 29th day of July, 1964, before me personally appeared JOHN B. KENTON, JR., to me known and by me to be the party executing the foregoing instrument, and he acknowledged said instrument, by him executed, to be his free act and deed. FRANCIS C. LATROP Notary Public (Documentary stamps $8.95) Received for record July 31st, A. D. 1964 at 11:15 o'clock, a.m., and recorded by ---Jos. M. Hibbs--- Deputy Town Clerk