7/20/1932 · MORTGAGE · book 25 page 134 doc 9059

134 KNOW ALL MEN BY THESE PRESENTS, that I, ELIZABETH D. WILLIAMS, of the Town of Windsor, County of Hartford, and State of Connecticut hereinafter called the mortgagor, in consideration of Thirteen Hundred Eighty 99/100 Dollars to me paid by HOWARD D. PALMER of the Town of Westerly, County of Washington and State of 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 his heirs and assigns forever, forever, Two certain tracts or parcels of land, together with a dwelling house and other improvements thereon located, and situated on the Beach at East Beach Point-ville, known as East Beach, in the Town of Charlestown, County of Washington, and State of Rhode Island, bounded and described as follows, to wit: First Tract: Beginning at the southwest corner of said tract at the highest part of the Beach Rank; thence northerly separate (70) feet to a stake in the ground; thence easterly (40) feet to a stake in the ground at said ground; thence southerly separate (70) feet to a stake in the ground at said ground; thence westerly (40) feet to the place of beginning, bounded on each side by land formerly of Billingsley, neighboring, unto said Mortgagee his heirs and assigns forever, a right to pass and repair either with horses or carriages over the said land formerly of Billingsley, and to the said land the hereby conveyed Also, a right to take water from the well on the first Tract and to use the conveniences belonging and pertaining to convey First Tract the First Tract in a certain deed from William A. Pilson to the mortgagor dated November 30, 1930, and recorded in the Land Evidence records of the Land Evidence records in Book number 21, page 46. Second Tract: Begin on the southerly side of Surfside Avenue and easterly side of Beach Road at the intersection thereof in the Town of Charlestown aforesaid, said at the northeast corner of tract hereinafter described as First Tract; thence southerly (12.1) feet over or under the high water mark along the con- tinuations of the westerly line of said First Tract forty three and three-tenths (43.3) feet over or under the high water mark along the continuation of the line with the southerly line of Surfside Avenue forty (40) feet more or less to a corner at the southerly line of Surfside Avenue (41) feet more or less to a corner which would be the easterly line of the said First Tract seventeen and four-tenths (17.4) feet over or under the high water mark thence northerly more or less to a corner with the northerly line of said First Tract forty (40) feet more or less to a corner at the northerly line of Surfside Avenue (41) feet more or less to a corner premises conveyed to this mortgagor, by Hannah M. Davis by deed dated April 30, 1925 and recorded in the Land Evidence records of said Charlestown in Book 23, at page 158. Reference to said deeds and the records thereof being herebe made and had and made as they are made a part hereof for a more complete description and identifica- tion of the premises herein conveyed. TO HAVE AND TO HOLD, the aforementioned premises, with all the rights, privileges and appurtenances thereto belonging unto and unto the use of the said mortgagee, and his heirs and assigns, forever. And I, the said mortgagor, jointy, 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 encumbrances that I have good right, full power and lawful authority to sell and convey the same in manner 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. And for the consideration aforesaid I, Arthur G. Williams, husband of said mortgagor do hereby release all or my right of curtesy and all other statutory rights in and to the granted premise 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 her heirs, executors, administrators or assigns, shall pay unto the said mortgagee or his executors, administrators or assigns, the sum of Thirteen Hundred Eighty and 99/100 dollars, wherefore for the said mortgagor has made her negotiable promissory note, for said aggregate sum, bearing date of July 12th, 1932 and made payable to the order of said Howard D. Palmer, one year from the date hereof, with interest

135 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 arrear, whether before or after maturity, to bear interest at the rate aforesaid until said, 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 Note 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, and 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 or any part or parts thereof, and the benefit and equity of redemption of the said Elizabeth D. Williams and her heirs, executors, administrators and assigns, therein, at public auction upon the premises, 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 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 adjournment or adjournments, at least once each week in the same newspaper, in her or in her own name or names, or by the attorney or attorneys of the said Mortgagor (for that purpose by these presents 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 suffi- cient 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 such money secured, whether then due or to fall due thereafter, of the part or parts 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 sale or sales, and all taxes, assessments and premiums for insurance, in any event, either therefore paid by the said mortgagee, her executors, administra- tors 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 mortgagor or her 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 mortgagor or her heirs, executors, administrators and assigns, and all persons claiming said premises, so sold, by from or under them, or any of them. AND the said mortgagor, for herself and for her heirs, executors, administrators and assigns, hereby covenant with the said mortgagee, and his heirs, executor, administra- tors and assigns, that i, and they will upon request execute such deeds or deeds confirmatory of said sale or sales as may be required. AND FURTHERMORE, the said mortgagor, for herself and, for her 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 in said described 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, and made payable in case of loss, to the said mortgagee,

136 or his executors, administrators or assigns, as collateral security hereto, and in default thereof, hereby agree that the said mortgage, 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 mortgage, and his executors, adminis- trators 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 we have hereunto set our hands and seals this twentieth day of July in the year of our lord one thousand nine hundred mine and thirty-two. Executed in presence of } ELIZABETH D. WILLIAMS (L. S.) } ARTHUR G. WILLIAMS (L. S.) H. H. CRANDALL STATE of RHODE Island, &c.) County of Washington ) In Charlestown on the 20th day of July, A. D. 1932 before me personally appeared Elizabeth B. Williams and Arthur G. Williams, mortgagors, to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument by them so executed, to be their free act and deed. HENRY H. CRANDALL Notary Public. Received for record July 20th, A. D. 1932 at 6:10 o'clock P. M. and recorded by [Signature] Town Clerk. I the undersigned, 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 Real Estate Mortgage Book Number 25 at page 134-135-136, hereby cancel and discharge the same. And I covenant to and with the person making said pay- ment, that I am the present owner of said mortgage. IN WITNESS WHEREOF I have hereunto set my hand and seal this 5th day of July A. D. 1933. In presence of HOWARD D. PALMER MARION C. HOLLISTEN. The above discharge received for record July 5th, A. D. 1933 at 9:30 o'clock, p. m., and recorded by [Signature] Town Clerk.