2/27/1932 · MORTGAGE · book 25 page 82 doc 9013

92 KNOW ALL MEN BY THESE PRESENTS, that I, Mattie B. Browning of the City of Providence in the County of Providence and State of Rhode Island hereinafter called the mortgagor in consideration of Fifteen Hundred (1500) Dollars to me paid by Ross B. Browning of said City of Providence hereinafter called the mortgagee, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said mortgagee, and his heirs and assigns forever, All those tracts or parcels of land together with the build- ings and improvements thereon situated in the town of Charles- town in the County of Washington and state of Rhode Island which were devised to this mortgagor by the will of the Father of this mortgagor, Robert B. Browning of the Town of Richmond in said County, except that certain tract of land which was conveyed by the said Robert B. Browning by deed dated June 1st 1924 to rooms G. Clark by deed dated July 1931, both of which deeds are recorded in the records of land evidence in said Town of Charlestown in book 136 pages 216 and 217 respectively or parcels of land which were left to this mortgagor in the will of said Mattie B. referred to in said will and the house number two known as the Former Mansfield house and the lots of land on which they are located, each situated in the town of Charlestown no longer adjoining the strin- ocean, being subject to a mortgage for an Further One Thousand Dollars made by said Mattie B. Browning to said Robert B. Browning dated November 1, 1924, and recorded in said records of land evidence in Mortgage Book 135 page 309, and subject to the remainder of the land included in this conveyance being held in the life space of the named Samuel C. Joseph and together with the remainder of the lands included in this conveyance being subject to the charge that said mort- gagor shall pay therefore to Simmons D. Swift the year during her natural life the sum of one hundred dollars per annum as provided in said will and the half interest of the mortgagor in the house using the name of the known as the Former cottage subject to the life space of the named Samuel C. Joseph and further subject to the charge for the benefit of Simmons D. Swift and subject to certain of the parcels of the land being further subject to a mortgage made by said William B. Swift to Sarah L. Swift dated December 1, 1924, and recorded in said records of land evidence in Mortgage Book 135 page 114; references being had to the said will and further more particular description of the land hereby conveyed and the incumbrances thereon. TO HAVE AND TO HOLD, the aforementioned premises, with all the rights, priv- ileges and appurtenances thereunto belonging unto and to the use of the said mort- gagee, and his heirs and assigns, forever. And I the said mortgagor, do hereby, for myself and for my heirs, executors, and administrators, covenant with the said mortgagee and his heirs and assigns that I am lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances except as hereinbefore mentioned; that I have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagee and his heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that I the said mortgagor will, and my heirs, executors and administrators, shall warrant and defend the same to the said mortgagee and his heirs and assigns forever against the lawful claims and demands of all persons, except as to the incumbrances hereinbefore mentioned; PROVIDED, NEVERTHELESS, and this conveyance is made upon the express condition, that if the said mortgagor or her heirs, executors, administrators or assigns, shall pay unto the said mortgagee or his executors, administrators or assigns, the sum of Fifteen Hundred (1500) dollars, whereby for the said mortgagor has made her negotiable promissory note for said aggregate sum, bearing even date with these presents, and made payable to the order of said Ross B. Browning, one year from the date hereof, with interest thereon at the rate of six (6) per centum, per annum, payable semi-annually, until said principal sum is paid, whether at or after maturity, and all installments of interest in arrears, whether before or after maturity, to bear interest at the rate aforesaid until paid and shall also pay all taxes and assessments of every kind levied or assessed upon or in

83 respect of said premises, then this deed, as also said promissory note, shall become and be absolutely void to all intents and purposes whatsoever. BUT IF DEFAULT shall be made in the payment of the said principal sum or of said interest, at the time or times and in the manner aforesaid, or of the taxes or assessments aforesaid, as the same become payable, or by 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 mortgagee, his executors, administrators, or assigns, to sell, together or in parcels, all and singular, the premises hereby granted or intended to be granted, or any parts thereof, and the benefit and equity of redemption of the said mortgagor Hattie B. Browning, and her heirs, executors, administrators and assigns, therein, at public auction upon the premises or elsewhere in said Town of Charleston as specified in the notice of sale and to bid for and become the purchaser or 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 some newspaper published in said County of Washington 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 his, or her their own names, or names, or as the attorney or attorneys of the said mortgagor Hattie B. Browning (for that purpose by these presents duly authorized and appointed with full power of sub- stitution and revocation), to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds of sale premises in fee simple and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby se- cured, whether then due or to fall due thereafter, or the part thereof 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 hereinafter, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of said powers, and all taxes, assessments and premiums for insurance, if any, either heretofore paid by the said mortgagee, his executors, administrators or assigns, or then remaining unpaid upon said granted premises rendering and paying the surplus of such proceeds of sale if any there be, over and above the amounts co to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said mortgagor, Hattie B. Browning, her heirs, executors, administrators or assigns, which such sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity against the said mortgagor, Hattie B. Browning, her heirs, executors, administrators and assigns, and all persons claiming said premises, as sold by, from or under her, him, her, them, or any of them. AND I the said mortgagor, for myself and for my heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and his heirs, executors, administra- tors and assigns, that I and they will upon request execute 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, and his heirs, executors, administrators 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 his executors, administrators or assigns, shall approve, in a sum not less than fifteen hundred (1500) dollars, and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said mortgagee, or his executors, administrators or assigns as collateral security hereto, and in default thereof, hereby

84 agree that the said mortgagees, or his executors, administrators or assigns, MAY effect such insurance in the name of the said mortgagor, and her heirs and assigns, payable in case of loss to the said mortgagee, and his executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises, secured by these Presents. IN WITNESS WHEREOF, I have hereunto set my hand and seal this twenty- seventh day of February in the year of our Lord one thousand nine hundred and thirty- two. Executed in presence of W. LOUIS FROST HATTIE E. BROWNING (L. S.) STATE OF RHODE ISLAND, &c.) County of Providence } In Providence on the twenty-seventh day of February, A. D. 1932 before me personally appeared the above named mortgagor Hattie E. Browning to me known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument, by her executed, to be her free act and deed. W. LOUIS FROST Notary Public. Received for record, February 27th, A. D. 1932 at 4:00 o'clock P. M. and recorded by [Signature] Town Clerk.