8/13/1964 · MORTGAGE · book 39 page 663 doc 8602@39/663

663 DISCHARGE OF MORTGAGE OLD STONE SAVINGS BANK, formerly The Providence Institution for Savings having received full payment and satisfaction of the within mortgage recorded in the Records of Charlestown, Rhode Island in Real Estate Mortgage Book Number 39 Page 660 here gives discharge and cancelly the same. In TESTIMONY NOW WHEREOF said Institution has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by its Assistant Vice President, duly authorized this 6th day of June A.D. 1974. Signed and Sealed in presence of F. SMITH OLD STONE SAVINGS BANK, formerly PROVIDENCE INSTITUTION FOR SAVINGS THOMAS F. RICHARD, Asst. Vice President (Corporate Seal) Received for record, June 20th A.D. 1974 at 10:00 o'clock A.M. and recorded by [Signature] Deputy Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That TOCKWOTTEN COVE ASSOCIATES INC., a corporation established under the laws of the State of Rhode Island, (Eleven Thousand Five Hundred (11,000) Dollars) to is paid as (hereinafter called the mortgagor) in consideration of ELEVEN THOUSAND FIVE HUNDRED (11,000) Dollars to is paid as by the PROVIDENCE INSTITUTION FOR SAVINGS, a Corporation legally incorporated, and established and transacting business in the City of Providence in the State of Rhode Island, the receipt whereofs is acknowledged, does hereby grant, bargain, sell and convey unto the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, forever, That lot of land with the buildings and improvements thereon situated, established in the Town of Charlestown in the State of Rhode Island, lying on the southerly side of Tockwotten Cove Road, laid out and delineated as lot No. 39 (thirty nine) on the plat of Tockwotten Cove Subdivision in the Town of Charlestown, Rhode Island, R. I., Property of Howard S. Riley and Oliver A. V. Johnson, Conveyed from Kit H. A. Emerson and Survey by I. L. Ballard and recorded in the Land Evidence Records of Charlestown, Rhode Island, said plat is recorded with the Records of Land Evidence in said Town of Charlestown. Said lot boundaries northerly on Tockwotten Cove Road one hundred (100) feet and holding this width eastende extending southerly as follows: south 15 degrees 30 minutes east one hundred (100) feet to bends south easterly on lot No. 38 (thirty eight) on said plat, bounding northerly on lot No. 35 (thirty five) and southerly and westernly on lot No. 31 (thirty one) on said plat. Subject to restrictions set forth in deed from Henry B. Moore and Wife to John and Helen Dylan, dated April 11th, 1935 and recorded in land evidence book 21 page 176 and restrictions set forth in deed from Howard S. Riley et al to this mortgagor, dated July 21st, 1956 and recorded in said Records on July 22nd, 1956 and transactions recorded in land evidence book 23 page 144 and such other taxes and servitudes Including all the buildings and improvements one or more hereafter erected thereon, together with all apartments including fixtures and equipment used for plumbing, heating and lighting purposes, hereby assigning to said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, all right title and interest in said buildings and improvements, and any additions thereto or any payment made on any existing or future leases or rents, and constituting and appointing it or its successors and assigns, as the true and lawful attorney of the mortgagors to sue for and collect the same at any time and from time to time until the same are fully paid. TO HAVE AND TO HOLD the aforementioned premises, with all their appurtenances, unto and to the use of the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, forever, And it the said mortgagor does hereby, for itself and for its successors covenant with the said PROVIdENCE INSTITUTION FOR SAVINGS, that the premises hereby mortgaged are the same as aforesaid and fully seized in name of the said granted premises; that the same are free from all encumbrances; except as aforesaid, that it has good right to mortgage the same and that the said premises together with all the appurtenances shall be forever quiet and peaceable possession of the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, shall be premises at all times hereafter peaceably and quietly have and enjoy the same without any interruption or disturbance whatsoever, and that the said mortgagor and its successors and assigns the same to said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, forever, against the lawful claims and demands of all persons whomsoever, and will and pay all money the taxes, assessments and other charges whatsoever that may be hereafter on the premises levied. PROVIDED that if the said mortgagor or its successors and assigns, shall pay unto said PROVIDENCE INSTITU TION FOR SAVINGS, its Successors or Assigns, the sum of Eleven Thousand Five Hundred (11,000) Dollars with interest thereon at 6% per annum from the date of the mortgage until paid, providing said sum of money to the mortgagor, bearing an even date herewith, payable to PROVIDENCE INSTITUTION FOR SAVINGS, or order, at its business office in the City of Providence, and shall pay also all taxes, assessments, water rates, and other charges of any kind assessed imposed or run on or in respect of said premises; or constituting a lien thereon or upon said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors or Assigns, in the manner hereinbefore provided, and shall maintain insurance on said premises as hereinafter provided and pay the premium thereof upon demand, and shall perform all the covenants and agreements herein contained and shall not commit any waste on the premises or allow the same to become absolutely void to all intents and purposes, whatsoever else it said mortgage shall be null and void. BUT IF DEFAULT shall be made in the payment of the principal or interest of the indebtedness above mentioned or any part or installment thereof, at the time or times the same are payable under the provisions hereof or of said principal note or mortgage be rental legally foreclosed under the provisions of this mortgage or of any other mortgage on said premises, or of any other note or then of any part of its installment thereof, or if breach shall be made of the covenant for insurance hereinafter contained, or of any other covenant herein aforesaid, then the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors or Assigns, to sell, together or in parcels, in all and singular the premises hereby mortgaged, and all the improvements thereon, and all the appurtenances thereto belonging, by foreclosure of redemption of it the said mortgagor its successors and assigns therein, at public auction, and to bid and to be the lowest bidder for the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale, and no other purchaser shall be nominated for the same or crown the purchase at any such sale

three successive weeks in some newspaper published in the City of Providence with power to adjourn such sale from time to time, provided that the publication of said notice shall be continued, together with a notice of the adjournment or adjournments, in a like manner, until the date of such sale, and that the right to bid the premises or others as specified in such notice is reserved in its own or their own names, or as the name or the names or attorney or attorneys of the said mortgagor (for that purpose this present deed duly authorizes the said power) shall be exercised; and that the deed to the purchaser or purchasers at such sale or sales, good and sufficient deed or deeds of the premises sold in fee simple; and in the event that the premises shall be sold for less than the sum of the mortgage security, such deficiency or to become payable therefore, or the part thereof remaining unpaid, and also the interest then due on the whole or any part thereof on the day of such sale, shall be a covenant to pay, together with the costs and expenses, incurred in this, or in any way connected with the, exercise or enforcement of these powers, or in any wise connected with the sale of the premises, and the costs of the reference of the mortgage to the referee, or notice of or these presents, and utilities, water rates and assessments as aforesaid and all premiums for in- surance and expense of repairs, insurance of the premises, and the part of the mortgage remaining unpaid, rendering and paying the surpluses of such paid amounts if any there be over and above the amounts to be set off as aforesaid, together with the costs and particulars account of such sale or sales, to the said mortgagee, or its successors and assigns, and that the premises, which sale or sales shall forever be a perpetual bar but in law and equity against all the said mortgagor, its successors and assigns, and their heirs and assigns, forever. By for under or more hereby covenant with the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, that it will by or through its successors and assigns, do convey such deeds of confirmation or sale of such mortgage as may be necessary. And the said mortgagor for itself and for its successors and assigns, does hereby covenant with the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, that it or they will upon request execute such deeds of confirmation or sale of such mortgage as may be necessary. And FURTHERMORE, it the said mortgagor, for itself and for its successors and assigns, does hereby cove- nant with the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, that it will maintain all buildings standing on a part of said premises in good repair, and will not cause or permit waste; that insurance against loss by fire, and much other casualties, its successors or assigns, demolition or destruction including insurance, if requested by the said mortgagee, its successors or assigns, in a sum not less than Eleven Thousand dollars, shall be kept and maintained on the buildings located on the premises in the amount of One Hundred Thousand ($100,000) dollars in each gross amount as underwriters will open the representation of employees class con- tained in said policies, and that such policies shall be endorsed to provide that such insurance shall be and transferred and made payable in case of loss or loss, and held by said PROVIDENCE INSTITUTION FOR SAVINGS, its successors or assigns, and that the said mortgagor, for itself and for its successors and assigns, agrees to pay the PROVIDENCE INSTITUTION FOR SAVINGS, its Successors or Assigns, pay rain to time any premiums which may be necessary to keep said insurance in force, and that the said mortgagor, for itself and for its successors and itself and for its successors and assigns, agrees to repay to the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors or Assigns, any premiums paid by the said mortgagee, its successors or assigns, and that the sum added to principal sum and shall be a further charge upon said premises granted and secured by these in- struments, the presents, as aforesaid. And the said mortgagor, for itself and for its successors and assigns, hereby constitutes and appoints the true and lawful attorneys or attorneys irrevocable of the said mortgagee, in the name and stead of themtogether, by all means and ways, to take and receive and collect the unmanned premiums and dividends render insurance in the amount of such premiums, and to apply the same to the payment of the principal, interest thereon, to adjust, sue For, compromise and collect any amounts due under said insurance policies, and to apply the same to the payment of the principal, interest thereon, and to apply the same, as shall be, at the option of the mortgagor, its Successors or Assigns, be applied, after first deducting the costs of collection, on account of any taxes, assessments and insurance charges due, and that the said premiums and dividends so collected may be used or paid over to the mortgagor for use in repairing or replacing the damaged buildings or improve- ments. The mortgagor for itself, and for its successors and assigns, does also covenant and agree to pay over to PROVIDENCE INSTITUTION FOR SAVINGS, its Successors or Assigns, upon the day of each month until said indebtedness is paid in full, all interest accrued on the principal sum of the mortgage, and that upon the continuation of the mortgage, its Successors or Assigns, be equivalent to one-twelfth of the amounts of annual taxes, assessments and insurance charges due, and that the said mortgagee, its successors or assigns, insurance charges, but if default be made in any payment required by the mortgage note, and thereafter, at the option of the mortgagee, its successors or assigns, the same may be applied on the mortgage indebtedness, thereafter at the option of the mortgagee. IN WITNESS WHEREOF, this 12th day of August A. D. one thousand nine hundred and sixty-four (1964) said Tockwotten Cove Associates Inc., has caused these presents to be signed and its corporate seal to be hereto affixed by its proper officers, duly authorized. TOCKWOTTEN COVE ASSOCIATES, INC. (Corp Seal) Signed, Sealed and Delivered in presence of: Clarence L. Fuller. By JOSEPH S. JOHNSON President By FRANK W. FELL Vice-President STATE OF RHODE ISLAND ) ss. County of Providence ) In Providence on the 12th day of August A. D. 1964, before me personally appeared the above named JOSEPH S. JOHNSON, President and FRANK W. FELL, Vice President to me known and known by me to be the parties executing the foregoing instrument in their said capacities, to be their free act and deed, and the free act and deed of Tockwotten Cove Associates, Inc. Clarence L. Fuller Notary Public Received for record August 13th A. D. 1964 at 2:22 o'clock, p.m., and recorded by [Signature] Deputy Town Clerk