7/30/1932 · MORTGAGE · book 25 page 147 doc 9069

147 KNOW ALL MEN BY THESE PRESENTS, That I, MARION ROSE YVONNE BEDNICK, wife of NORMAN H. BEDNICK, of the City and County of Providence in the State of Rhode Island, hereinafter called the mortgagor, In consideration of Five Thousand ($5000) Dollars to me paid by EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, of the Town of Charles- town, in the County of Washington and State of Rhode Island, hereinafter called the mortgagees, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said mortgagees, and their heirs and assigns forever, That certain lot or parcel of land with all of the buildings and other improvements thereon and all the appurtenances thereto belonging, sit- uated in the Town of Charlestown and the Town of South Kingstown, in said County of Washington, State of Rhode Island, bounded as follows: and described as follows: Bounding westerly about seventeen, hundred (1700) feet along the center line of a road known as "Old Post Road", so called, a Town Road in said Town of Charlestown, bounding northerly x partly west and partly east along the center line of a road known as "Old Post Road", formerly of Stephen Browning, deceased, bounding easterly on lands formerly of John C. Snyder, deceased, and thereby on Great Hill Pond and Perry Creek; the uplands of said land being further bound- ed and described as follows: bounding northerly in part in the north- erly line of said Charlestown Beach Road at an iron stake newly set to the northwest of the point where said road intersects a stone wall (the continuation of which is the boundary line between this said land and the land of Stephen Browning, deceased) bounding south east laterly line of said Charlestown Beach Road at this point bounding ap- proximately on the center line of said road, 212 feet, continuing along the center line of said road stone wall, in a southeasterly direc- tion, bounding northerly on other land of Edward Edgar Burdick about one hundred (100) feet, then turning in a southeasterly direction along about one hundred (100) feet to said wall, bounding north-easterly on said road (Stephen Browning's road) then turning in a southeasterly direc- tion along said center line of said road, bounding north-easterly 1329 feet to a corner, thence turning northerly and running along the line of the land of Stephen Browning, deceased, bounding north-easterly on said Browning lands to Allen's Cove (so called), a spur of Great Hill Pond, thence bounding south-easterly in a direction along the shore line of said pond and bounding northerly on said pond about nine hundred (900) feet to a corner, which corner is the boundary line which runs between the said land formerly of John R. Congdon, deceased, and some land nearby (900) feet to a corner, which corner is the boundary line that is between Allens Cove and the other waters of Great Hill Pond minus some land nearby (900) feet to a corner, which corner is the boundary line that is between Allens Cove and the other waters of Great Hill Pond now is marked by a fence, thence southernly along said boundary line crosses said road and runs in a southeasterly direction to land of John R. Congdon land seventy-five (75) feet to Great Hill Pond, thence to a corner bounding south-easterly along the shore of said Great Hill Pond (1250) Pond and bounding southerly on said pond about nine hundred (900) feet to a corner, thence turning in a southeasterly direction along the shore of the said Great Hill Pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond and of Perry Creek bounding south- easterly along the shore of said pond

148 from all incumbrances that I have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said mortgagees and their heirs and assigns shall by these presents at all times hereafter peaceably and quiet- ly 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 mortgagees and their heirs and assigns forever against the lawful claims and demands of all persons. And for the consideration aforesaid I, NORMAN L. BENNEKE, husband of the within named mortgagor, MAUREEN ROSE YVONNE BENNEKE, do hereby release all my right of curtesy and all other rights, statutory or otherwise, in and to the said granted premises unto the said mortgagees and their heirs and assigns forever. 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 mortgagees or their executors, administrators or assigns, the sum of Five Thousand ($5000) dollars, whenever the said mortgagor has made her negotiable promissory note for said aggregate sum, bearing date with these presents, and made payable to the order of EDWARD LEON BURDICK and MARION GERTRUDE BURDICK ten (10) years from the date payable, with interest thereon at the rate of ---4---% 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 respect of said premises, then this deed, as also said promissory note, shall become and be absolutely void til 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 of any 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 mortgagees, their executors, administra- tors, 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 of redemption of the said mortgagor and her heirs, executors, administrators and assigns, therein, at public auction upon the premises to and 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 the 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 their or her own names or names, or as 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 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 fall due there- after, 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

149 heremunder, 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 therefore paid by the said mortgagees, their 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 mortgagor, 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, her 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 mortgagees, and their heirs, executors, admin- istrators, that I and they will upon request execute such deed or deeds confirmatory of said sale or sales as may be required. IN WITNESS WHEREOF we have hereunto set our hands and seals this 29th day of July in the year of our Lord one thousand nine hundred and thirty-two. MARIE ROSE YVONNE BEHNEKE (L. S.) NORMAN LOUIS BEHNEKE (L. S.) STATE OF RHODE ISLAND, etc.) County of Washington } } In Charlestown on the 29th day of July, A. D. 1932 before me personally appeared the within named mortgagor, Marie Rose Yvonne Behneke and Norman L. Behneke, her husband, to me known and known by me to be the parties executing the foregoing instru- ment, and they acknowledged said instrument, by them executed, to be their free act and deed. GEORGE HURLEY Notary Public. Received for record July 30th, A. D. 1932 at 2:40 o'clock P. M. and recorded by ... 29/20 = 60 [Signature] Town Clerk I, MARION GERTRUDE BURDICK, of Charlestown, County of Washington, Rhode Island, having received full payment and satisfaction of mortgage given by r. N. Yvonne Behneke, of said Charlestown to myself, dated June 29, 1932 and recorded in the land evidence records of said town in the Land Evidence Records of said Charlestown in Mortgage Book #25, page 147, and in the Land Evidence Records of said Charlestown in Washington County in Mortgage Book #14, page #192, do hereby cancel and discharge the same. And I do covenant that I am the present owner and holder of the note secured by said mortgage. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 17th day of April A. D. 1953. MARION GERTRUDE BURDICK Signed and sealed in Presence Richard A. Hellwell STATE OF RHODE ISLAND COUNTY OF WASHINGTON In South Kingstown on the 17th day of April A. D. 1953) before me personally appeared the above named MARION GERTRUDE BURDICK, to be known by me 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. RICHARD A. HELLWELL Notary Public Received for record April 17th, A. D. 1953) at 2:20 o'clock, p. m., and recorded by [Signature] Town Clerk