The instrument's own words
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48
the amount of said note and secured by these presents.
In testimony whereof we have hereunto set our hands and seals
this twentieth day of January, AD 1930.
Signed, sealed and delivered
as executor of
Thomas Erry
Harold D. Livingstone
William Rauhala
Hilda Rauhala
State of Rhode Island
County of Providence ss.
On this 20th day of January, AD 1930 before
me, severally appeared William Rauhala and Hilda Rauhala each
to me known and known to me, to be the individuals described in,
and who executed this foregoing instrument and they severally acknowledged
said instrument to be their free act and deed
Harold D. Livingstone
Notary Public.
Received for record January 27th 1930 at 9.20 o'clock AM.
and recorded by George B. Cross, Town Clerk
The Mortgage from T. Erry knowing the sum of five hundred dollars
of lawful money of the United States to pay to the said
Mortgagee Mark Sanders of Charlestown the said sum
Mortgagee Mark Sanders of Charlestown, on the 20th day of January, 1930, duly secured by a mortgage of premises
And it is covenanted and agreed that if the said sum of $500.00 is
not paid in full on or before the 20th day of January, 1931 then the Mortgagee shall have
power to sell and convey and convey the same by its consent, duly acknowledged. Dated the 24th day of
July 1929.
Witness
Alfred C. Allen.
Mortgagor T. Erry knowing the sum of five hundred dollars, trustee, RI.
By Charles G. Long, Agent.
I, Now All Men by these presents know, That I, Peter Kempforth
otherwise known as Peter Kempforth of Providence in the Town of Providence in the County
of Providence and State of Rhode Island (hereinafter called the mortgagor)
in consideration of ten dollars delivered to me paid by the Federal Land
Bank of Springfield, a corporation duly established under the laws of the
United States of America and having its principal place of business in the city of
Springfield, Massachusetts (hereinafter called the mortgagee, the receipt hereof is hereby acknowledged,
do hereby grant, bargain, sell and convey unto the said mortgagee
its successors and assigns forever, all that land with the buildings
and improvements thereon, situate in the Town of Charlestown in the
page 2
County of Providence in the State of Rhode Island, in said District, Number One, that
parcel of land with all buildings and improvements thereon, containing by estimation
one hundred forty (140) acres of land, more or less situated in the town of Warwick
in the State of Rhode Island, bounded westerly by purchased from Evans and Frequent
Smith, easterly by land now or formerly of Zachary Dunn, Williams, William Rishard
and Michael Saccocesa, southerly by Narragansett Road as called, and northerly by
land now or formerly of Peter Kempel, and comprises the shirt parcel of land
described in deed from Ezra B. Chapman to Peter Kempel dated April 6, 1921, and
recorded in the records of land evidence of said townbook in volume 22 page 176
etc respectively and reserving however the foraging rights on salt marshes with
rights to hunt and fish and from the same. I have and to forbid the aforesaid
premises with all the privileges and appurtenances thereto pertaining waste and
to the use of the said mortgagee and its successors and assigns forever, and I
the said mortgagor, do hereby for myself and for my heirs, successors and
administrators covenant with the said mortgagee and its successors and assigns
that I own lawfully seised in the fee simple of the said premises and that
the same are free from all incumbrances except as hereinafter described and types of
the said mortgagee and my heirs, successors and administrators will warrant
and defend the same to the said mortgagee and its successors and
assigns forever against the lawful claims and demands of all persons and
bodies whomsoever aforesaid. I Diana Kempel, wife of the said Peter Kempel
do hereby release all my right title and interest in and to the said second premises
unto the said mortgagee and its successors and assigns forever.
Moreover, therefore the conveyances and covenants made upon the above condition,
that if the said mortgagor or any of his heirs, executors, administrators or assigns,
shall not pay, unto the said mortgagee or its successors or assigns, the sum of
two thousand dollars with interest thereon at the rate of 5% per centum
per annum, in accordance with the terms of the mortgage note hereunto annexed
made by the said mortgagor bearing date with this deed and made
payable to the order of said mortgagee, when combined with principal and interest
are made payable in 60 semiannual payments on an amortization
ten years period, all absolute payments to be made interest at the rate of
six per centum (6%) per annum with paid, prepaid premiums, etc.
five years from the date hereof the said mortgage or my heirs,
administrators or assigns, upon any request settlement without limit may make
additional payments for the reduction of the principal of the mortgage, without
or may pay the entire principal of the mortgage not then remaining including
shall also pay all taxes, fees, leasehold assessments etc from time to time, whether
levied or assessed upon or in respect of said premises any
interest thereon or on the date record hereby shall attend exclusively for
the purposes set forth on the application for this loan, everything and
with said bank the whole of this loan received by me the mortgagor
as consideration for the mortgagor, that work the premises resided
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50
be kept in good and workmanlike manner; shall not abandon or cease to
use said premises for home purposes; shall keep the buildings thereon in
good repair and if ever on them to become vacant or unoccupied, shall not
permit waste upon any of said outings, shall not cut or remove wood or
timber from said premises except for domestic use and shall not commit
any nuisance upon any part of the granted premises or any breach of any
of the covenants herein; the said [illegible] also said promissory note
and this mortgage securing the same void it all intents and purposes if
any default shall be made in the payment of any of said notes or
principal payments at the times or times set in the manner
stipulated in the note, here or assessments aforesaid, or the same
become payable, in all or any of them, or on any part thereof;
if because shall be made of the covenant for maintenance hereinafter
stipulated, or of any other of the conditions or covenants of this mortgage,
then it shall be for cause for the said mortgagee, its successor or
assigns, to sell, whether in its parcels, all and singular the premises
hereby granted or granted to be granted or any parts or parcels
thereof, and cause and supply of redemption of the said mortgage
and said Hannah Kenworthy her heirs, executors, administrators and
assigns therein, at broker auction upon the premises, and to bid
for and become the purchaser or purchasers at any such sale (and
no other purchases or purchases shall be applicable for the application
of the purchase money), first giving notice of the time and place
of such publishing the same at least once each week for three
successive weeks in some newspaper published in the town
of [illegible] with power to adjourn such sale from time to time,
provided that the publishing of said notice shall be continued,
further with a notice of the adjournment or adjournments, at
least once each week in the same newspaper, and its in or
her own name or names or in the attorney or attorneys of
the said mortgagor and the said Hannah Kenworthy (that mortgage
of the intents may authorized and appointed with full power of
attorney and revocation) to make execute and deliver to the
said mortgagee or purchasers upon sale a good and sufficient deed
of the said premises in fee simple, and to receive the proceeds
thereof in cash or checks and from such proceeds to reclaim all sums
due upon said mortgage, whether then due or to fall due thereafter, or the
interest thereon whether unpaid, and also the costs from the
same, together with all expenses incident to such sale
and taxes, rating fees hereunder, and to fees of counsel,
and costs and expenses costs or charges incurred in the pursuit of
all matters and actions, dues, assessments and premiums
thereon, some others therefore paid by the mortgagor,
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its successors or assigns $\times$ then remains unpaid, upon said granted
premises, rendering and paying the surplus of said proceeds of sale, if any
there over and above the amount to be returned as aforesaid, together with a true
and particular account of such sale or sales, expenses and charges to me the said
mortgagee, my heirs, executors, administrators or assigns, of which sale or sales
made as aforesaid shall be a perpetual bar both in law and equity
against one the said mortgagor and the said farm house home lot, fields,
spectors, administrators chief and assigns, and all persons claiming said premises,
so sold buy from or under them or any of them $\times$ and of every nature and interest
and agreed that in case of default in the payment of any of said
interest or semi annual payments hereby pleased, or in case of default
in the performance or observance of any condition or covenant contained
contained on the part of me the said mortgagor, my heirs, executors or
administrators to be performed or observed the right of said mortgagor of
principal hereby secured may be made use and exercise, use and exercise
at the option of the said mortgagee, its successors or assigns, by a notice
in writing to that effect delivered to me the said mortgagor, or my
executors, administrators or assigns or delivered in the mail, postage
prepaid, addressed to me, said mortgagor or to my executors, administrators
or assigns at my or their last known place of business or abode.
And I, the said mortgagor, for myself and for my heirs, executors,
administrators and assigns hereby covenant with me the said mortgagee
its successor and assigns (first) that I and my heirs will secure just
payments such deed or deeds confirmatory of said sale or sales as may be required.
And furthermore I, the said mortgagor, for myself and for my heirs,
executors, administrators and assigns hereby covenant with the said mortgagee
its successors and assigns that insurance against loss by fire and other
casualties and contingencies often required by the loan terms shall be kept
and maintained on the buildings on the premises above, in a sum sufficient
form and with company satisfactory to the mortgagee, its successors
or assigns, all policies on the property to be for the benefit of said insurance
in case of loss it and half always delivered with the said mortgagee, its successor
or assigns, whose policies, in the event of foreclosure of this mortgage, shall
become the property of and belong to the said mortgagee, its successor and
assigns, with full authority as attorney in fact of me the mortgagor, my
heirs, executors administrators and assigns to receive and demand the same
in its or their own direction, and in default thereof firmly agree that the said
mortgagee or its successors or assigns may effect such insurance in the
name of me the said mortgagor, but my heirs and assigns, payable in
case of loss to the said mortgagee and its successors or assigns, and that the
premiums or premiums hereby paid shall be a further charge upon
said granted premises, decreed by these presents and shall be payable in
demand with interest at the rate of six per centum (6%) per annum, and
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52
in case of failure to pay when due all taxes, liens and assessments, hereby
agree that the said mortgagee, its successors or assigns may pay the same
and add the amount so paid, including all costs and expenses connected
therewith, if the amount of the note secured hereby, and the amount so paid shall
be a further charge upon said granted premises secured by these presents, and
shall be payable on demand with interest at the rate of six per cent (6%) per
annum, and in case the said mortgagee shall receive insurance money
proceeding from fire on said buildings, hereby agree that the same may, at
the option of the mortgagee be applied when due to the payment of the mortgage
or the portion such due and not be held or set aside otherwise unless for in
part to the mortgagor, his heirs or assigns to repair or replace the buildings
so destroyed, without affecting the mortgage for the full amount secured hereby
unless caused by fraud, or willful act, or other pursuant to this loan. And further
issue covenant and agree that the stock until of the mortgagor, in the stock
said be collateral to the said hereby secured and paying in amount $50 thousand,
shall vest in me or my assigns title to the زمین described premises subject to this
mortgage, and that in the event of the foreclosure of this mortgage the said stock
shall be cancelled and the principal sum together with all dividends or other
accumulations thereon applied in reduction of the debt hereby secured, this
mortgage is subject to the provisions of "the Federal Farm Loan Act" approved
June 17, 1916.
In witness whereof, we have hereunto set our hands and seals this 18th
day of January, in the year of our lord one thousand nine hundred and thirty
Signed and sealed in presence of
F. B. Donovan
Peter Kempfie L.S.
Hanna Kempfie L.S.
State of Rhode Island
County of Providence
On this day the 18th day of January A.D. 1930 before me personally
appeared the above named Peter Kempfie and said Hanna Kempfie both of them
to me known and known by me to be the grantors resulting the foregoing
instrument, and acknowledged said instrument by them signed to be
their free act and deed.
F. Stewart Donovan
Notary Public
my commission expires June 31, 1931
Received for record January 20th 1930 at 1:30 o'clock P.M.
Recorded by George H. Dorras, town clerk
(For further details of this Mortgage see Book 41 Page 25)