The instrument's own words
page 1
52
KNOW ALL MEN BY THESE PRESENTS, that We, Charles S. Brightman and Alice M.
Brightman, husband and wife, both of the Town of Charlestown, County of Washington in
the State of Rhode Island, hereinafter called the mortgagors, in consideration of the
sum of Fifteen hundred ($1500.) Dollars, to be paid by THE HENRIS PLAN COMPANY OF
RHODE ISLAND, a Corporation organized and existing under the laws of the State of
Rhode Island, with a place of business at #80 High Street, Westerly, Rhode Island, here-
inafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby
give, grant, bargain, sell and convey unto the said mortgagee, and its successors and
assigns forever,
A certain tract or parcel of land, with all the buildings and other improvements
thereon standing, bounded and described as follows, to wit: Beginning
at the southeasterly corner thereof on the northerly side of the Post Road,
leading from Westerly, Connecticut, to Charlestown, Rhode Island, thence south
westerly corner of land formerly called the Station Farm and now or formerly
owned by Mrs. State, altering the boundaries of state running north
eastly along a state wall to the southeasterly corner of a state highway
ary post set on the southerly bound of these premises; thence running north
eastly along a state wall to the southeasterly corner of a state highway
ary post set on the southerly bound of these premises; thence westerly on a course of 690 feet,
more or less, by land out of the state highway or the Old state highway, to a point
on the Old state highway and the new Post Road intersection; thence easterly
westerly on a course of 130 feet, more or less, along westerly side of the new
side of the new Post Road to the point and place of beginning. Bounded
easterly by the land of Mrs. State, southerly, northerly and westerly by the on
Old state highway, and southerly by the new Post Road.
Being the same premises conveyed to the mortgagors by Henry M. Brightman by
deed dated January 28th, 1926 and recorded in Volume 23 page 119 of the Town
of Charlestown land records.
Said premises are subject only to the prior mortgages to The Washington
Trust Company of Westerly, Rhode Island in the amount of ($2200.)
Dollars, the first for $1200 evidenced by deed dated June 13, 1928 and re-
corded in Volume 23 page 210 of said Charlestown land records; and the second
for $1000, evidenced by deed dated August 27, 1929 and recorded in Volume
24 page 33 of said Charlestown land records.
TO HAVE AND TO HOLD the aforesaid premises, with all the privileges and ap-
purtenances thereunto belonging, unto and to the said mortgagee, and its
successors and assigns, forever.
And we, as the said mortgagors, do hereby, for ourselves and for our heirs,
executors, and administrators, covenant with the said mortgagee, its successors and
assigns, that we are lawfully seized in fee simple of the said granted premises; that
the same are free and fully from incumbrances except as above mentioned, that we have
right, full power and lawful authority to sell and convey the same in manner as afore-
said; that the said mortgagee, and 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 mortgagee, and its successors and assigns for-
ever against the lawful claims and demands of all persons.
And for the consideration aforesaid, we the said mortgagors, do hereby re-
lease all our rights of dower or curtesy and any or all other statutory rights which
we may have in and to the said granted premises unto the said mortgagee, and its
successors and assigns, forever.
PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition,
that if the said mortgagors, their heirs, executors, administrators or assigns, shall
pay unto the said mortgagee or its successors or assigns, the sum of Fifteen hundred
($1500.) Dollars, wherever the said mortgagors have made their negotiable promissory
note, for said agreement sum, bearing even date with these presents, and made payable
to the ORDER of THE HENRIS PLAN COMPANY OF Rhode Island, in installments, with interest,
as provided in said note, and shall also pay all taxes and assessments of every kind
levied or assessed upon or in respect of said premises, then this deed, as also said
page 2
53
promissory note, shall become and be absolutely void to all intents and purposes what-
soever.
BUT IF DEFAULT shall be made in the payment of said note or of any install-
ment or installments of said principal sum or or of said interest at the time or times
or in the manner required by said note or of the taxes aforesaid as the sums become
payable, or or of any other of them or of any part thereof, or if breach shall be made
of the covenant for insurance or of any other covenant herein contained, or if breach
shall be made of any covenant or condition contained in any prior mortgage on said
premises, or any part thereof, 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 and redemption of the said mortgagors and their heirs, executors and admin-
istrators and assigns, therein, at public auction upon the premises, and to bid for
and become the purchaser of purchasers at any such sale (and no other purchaser or
purchasers shall be answerable 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 the Town of Westerly, Rhode
Island, with power to adjourn such sale from true time to time, providing that the publishing
of said notice shall be continued, together with a notice of the adjournment or adjourn-
ments, at least once each week in the same newspaper; and in its own name or as the
attorney of the said mortgagors (for that purpose they does presently duly authorized and
appointed with full power of substitution and revocation), to make, execute and deliver
to the purchaser or purchasers at such sale a good and sufficient deed of sale of said
premises in fee simple, and to receive the proceeds of such sale or sales, and from such
proceeds to retain all sums hereby secured, whether the same be due or shall due therefore,
or the part thereof remaining unpaid, and also the interest hereby secured, together with
all expenses incident to such sale or sales, or for making deeds hereunder, and for
fees of counsel and attorneys, and all costs or expenses incurred in the exercise of
such powers and all taxes, assessments and premiums for insurance, if any, either there-
tofore paid by the said mortgagors, its successors and assigns, or then remaining unpaid,
upon the said grantees premises, and apply said proceeds in payment of said sums rendering,
and paying the surplus of said proceeds of sale, if any there be, over and above the
amounts so to be replied and applied as aforesaid, together with a true and particular
account of such sale or sales, expenses and charges, to the said mortgagors, their heirs,
executors, administrators or assigns, which sale or sales made as aforesaid shall for-
ever be a perpetual bar both in law and equity against the said mortgagors, their heirs,
executors, administrators and assigns, all their present claiming said premises, so sold,
by, from or under them, or any of them.
AND the said mortgagors, for themselves and for their heirs, executors, admin-
istrators and assigns, hereby covenant with the said mortgagee, and its successors and
assigns, that they will upon request execute such deed or deeds confirmatory of said sale
or sales as may be required.
AND FURTHERMORE, the said mortgagors, for themselves and for their heirs,
executors, administrators and assigns, hereby covenant with the said mortgagee, and its
successors and assigns, that insurance against loss by fire shall be kept and maintained
upon the buildings of the premises aforesaid, in such office of offices as the said mort-
gagee, and its successors and assigns shall approve, in a sum not less than Thirty two
hundred ($3200.) Dollars, and that the policy or policies for at least One thousand ($1000.)
page 3
54
Dollars of such insurance shall be assigned and transferred, or made payable in case of
loss, to the said mortgagee, or its successors or assigns, as collateral security here-
to, and in default thereof, hereby agree that the said mortgagees, or its successors or
assigns, may effect such insurance in the name of the said mortgagors, and that the
premium or premiums paid therefor shall be a further charge upon said granted premises,
secured by these Presents.
AND FURTHERMORE, the mortgagors, for themselves and for their heirs, executors,
administrators and assigns, hereby covenant with the mortgagees, its successors and assigns,
that in the event of the purchase by the said mortgagee of any prior mortgage on the
premises, such sum as may be expended by said mortgagee, its successors or assigns,
in securing said prior mortgage in excess of the amount secured by said prior mortgage
shall be secured by this mortgage.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this second day
of December in the year of our Lord one thousand nine hundred and thirty-one.
Signed and Sealed in
presence of: (G. S. BRIGHTMAN) (seal)
(ALICE M. BRIGHTMAN) (seal)
(CHARLES S. BRIGHTMAN)
HENRY HARRIS
STATE OF RHODE ISLAND, &c.)
COUNTY OF WASHINGTON, Ss.)
In Westerly on the second day of December, A. D. 1931, before me personally
appeared Charles S. Brightman and Alice H. Brightman, 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 free act and deed.
CHARLES E. RICHARDSON
Notary Public.
Received for record December 2nd, A. D. 1931 at 1:40 o'clock P. M. and
recorded by [Signature] Town Clerk.
THE MORRIS PLAN COMPANY OF RHODE ISLAND, having received full payment and
satisfaction of the within mortgage recorded in the Records of Land Evidence in the Town
of Charlestown in the State of Rhode Island, in Mige Book #25 @ page 52-53-54, hereby
cancels and discharges the same; and covenants to and with the person making said payment,
that it is the present owner of said mortgage.
IN WITNESS WHEREOF it has caused its corporate name to be subscribed and its
corporate seal to be affixed by Howard E. Gladding, Secy & Gen Mgr. Kenneth A. Burdick
its Asst Mgr., thereunto duly authorized, this 19th day of June, A. D. 1934.
THE MORRIS PLAN COMPANY OF RHODE ISLAND (SEAL)
By Howard E. Gladding, Secy & Gen Mgr.
Kenneth A. Burdick, Asst. Mgr.
Above discharge received for record June 19th, A. D. 1934 at 1:20 o'clock,
p. m., and recorded by [Signature] Town Clerk