6/11/1932 · MORTGAGE · book 25 page 106 doc 9035

106 KNOW ALL MEN BY THESE PRESENTS, that I, JOHN P. PIRHONEN, of the Town of Charlestown Town of Charlestown County of Washington and State of Rhode Island hereinafter called the mortgagor, in consideration of Twenty-seven Hundred ($2700) Dollars to me paid by WILHELM JOHANSEN, of 24 West 1st Street, City and State of New York 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, a certain farm with a house, Barn, other buildings, large frame shed and pasture all together containing about three hundred, lying and being in said Town of Charlestown, which contains ninety (90) acres, bounded on the north by a road leading to a Highway passing south and South through the said Farm, and also an alley passing across the said said Farm towards the East, bounded on the east to land of Charles F. Wheeler, which said Farm is bounded on the Northly part by land of Joseph G. and Amos G. Wheeler, and on the South by land of Frederick F. John S. Adkins; on the South by land now or formerly of John W. P. King; on the West by Passequasset Brook, so called, until it comes to John S. Adkins; then North easterly to land of Charles F. Wheeler then on the North and West of land of the said Charles F. Wheeler until it comes to the corner of Passequasset Brook, being the corner of said Farm or however the said farm may be bounded or described. said Premises are subject only to one prior mortgage to the Federal Land Bank of Springfield, Massachusetts, for the sum of Fifteen Hundred Dollars ($1500), being recorded in Book #10, Page 257, of the Records of Land Evidence of said Town of Charlestown. 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 mortga- 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 heretofore described that I have good right, full power and lawful authority to sell and convey the same in this 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 the said mortgagor will, and his 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. And for the consideration aforesaid, a, Hilja M. Pirhonen, wife of said John Pirhonen do hereby release all my right of curtesy and dower and all other rights, statutory, or otherwise, in and to the said granted premises unto the said mortgagee and his heirs and assigns, forever. PROVIDED, NEVERTHELESS, this conveyance is made upon the express condition, that if the said mortgagor or his heirs, executors, administrators or assigns, shall pay unto the said mortgagee or his executors, administrators or assigns, the sum of Twenty-seven Hundred dollars, wherever for the said mortgagor has made his negotiable promissory note for said aggregate sum, bearing date with these presents, and made payable to the order of said Wilhelm Johansen from the date hereof, with interest thereon at the rate of six per centum, per annum, payable semi-annually in advance until said principal sum is paid, whether at or after maturity, and all installments of interest in arrears will, 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 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 negotiable promissory note or of said interest, at the time or times and in the manner aforesaid, or of any of either of the taxes or assessments aforesaid, as the same become payable, or of any or either of

107 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 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 the same said mortgagee and his heirs, executors, administrators and assigns, therein, by public auction upon the premises and to bid for and become the purchaser or purchasers at any such sale (and no other purchase 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 the Westerly Daily Sun, a newspaper published in Washington County 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 adjourn- ment or adjournments, at least once each week in the same newspaper; and in cg or their own names 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 executes and deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds 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 then due or to be then due thereafter, or the part thereof 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 hereunder, 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 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 mortgagee, his heirs, executors, administrators or assigns, which sale or sales made as aforesaid shall forever be a perpetual bar both in law and equity against the said mortgagee, his heirs, executors, administrators and assigns, and all persons claiming said premises, so sold, by from or under 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, adminis- trators and assigns that I and they will upon request execute such deed or deeds con- firmation of 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 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 Twenty-seven Hundred dollars, and that the policy or policies of such insurance shall be assigned and transferred, and made payable in case of loss, to the said mortgagee, or his executors, administrators or assigns as collateral security here- to, and in default thereof, hereby agree that the said mortgagee, or his executors, administrators or assigns may effect such insurance in the name of the said mortgagor, and his 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

108 shall be a further charge upon said granted premises, secured by these Presents. IN WITNESS WHEREOF We have hereunto set our hands and seals this 2nd day of June in the year of our Lord one thousand nine hundred and thirty-two (1932) JOHN E. PIRHONEN (L. S.) HILJA M. PIRHONEN (L. S.) STATE OF RHODE ISLAND, &c. County of Washington } In Richmond on the day of June 2, A. D. 1932 before me personally appeared John Pirhonen and Hilja Pirhonen, husband and wife 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. JOSEPH E. LANPHEAR Notary Public. Received for record June 11th, A. D. 1932 at 10:30 o'clock A. M., and recorded by [Signature] town Clerk. I, the undersigned ELSA JOHANSEN, widow of Wilhelm Johansen, late of the City, County and State of New York, respectfully represent that I am the widow of said Wilhelm Johansen; that I am the Executrix of his Last Will and Testament and the sole beneficiary thereunder, and further represent that the mortgage given by John Pirhonen and Hilja Pir- honen dated June 2, 1932 and recorded in Book 25, page 106 of the Land Evidence Records of the Town of Charlestown, County of Washington, State of Rhode Island, was fully paid to her husband, Wilhelm Johansen, prior to his death and that the undersigned, Elsa Johansen, has no claim neither as Executrix of the Last Will and Testament of Wilhelm Johansen, de- ceased, nor as the sole legatee under said Last Will and Testament, and hereby releases and consents to the cancellation and discharge of the aforementioned mortgage this 29th day of August, 1945. In the presence of: Aino Tuomala ELSA JOHANSEN Received for record September 12th, A. D. 1945 at 9:55 o'clock, a. m., and recorded by [Signature] Town Clerk