8/13/1932 · DEED · book 25 page 162 doc 9081

162 STATE OF RHODE ISLAND) SS.: COUNTY OF WASHINGTON ) In Westerly in said County on the 21st day of May, 1932, before me personally appeared Thomas Perry, Trust Officer of the WASHINGTON TRUST COMPANY, well known and known to me as the person executing the foregoing instrument for and on his behalf of the WASHINGTON TRUST COMPANY, and acknowledged said instrument by him executed to be the free act and deed of the WASHINGTON TRUST COMPANY. DAVID ROBERTSON Notary Public. Received for record August 10th, A. D. 1932 at 6:35 o'clock P. M. and recorded by [Signature] Town Clerk. TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME: WHEREAS, SAMUEL H. DAVIS of the Town of Westerly and State of Rhode Island (hereinafter called the mortgagor) did on the sixth day of April, A. D. 1926 make and execute a deed of mortgage of real estate situated in the Town of Charlestown in said State to HARLAN P. HAKES and ANNA E. HAKES, his wife, of said Westerly (hereinafter called the mortgagees) to secure the payment of several promissory notes, as will more fully appear by reference to said deed, which is re- cordily originally in the land records of said Charlestown for recording mortgages of real estate in Book No. 22 at page 174, and subsequently rerecorded (for the purpose of correcting a clerical error in the original record) in said records in Book No. 25 at page 114; and at page 114; and WHEREAS, said mortgagor by said deed of mortgage fully authorized and em- powered the said mortgagees, their executors, administrators and assigns, to sell and convey the property described in and conveyed by said deed of mortgage, under the conditions and in the manner specified in the same; and WHEREAS, in said deed of mortgage Miss H. Davis, wife of said Samuel H. Davis, did release her dower and join in the power of sale aforesaid; and WHEREAS said Anna E. Hakes deceased and Jesse F. Hakes of Baltimore in the State of Maryland was appointed administrator de bonis non with the will annexed of the estate of said deceased by the Probate Court of said Town of Westerly exer- cising probate jurisdiction in the Town of Westerly and State of Rhode Island, and has duly qualified to act in said capacity and; WHEREAS, said Harlan P. Hakes deceased and said Jesse F. Hakes was appointed Executor of the will of said deceased by the Probate Court of said Town of Westerly exercising probate jurisdiction in the Town of Westerly and State of Rhode Island, and has duly qualified to act in said capacity; and WHEREAS, said Jesse F. Hakes, acting as administrator de bonis non with the will annexed of the estate of said Anna E. Hakes and as the executor of the will of said Harlan P. Hakes, by virtue and in exercise of the power and authority vested in him as administrator and executor aforesaid by two decrees of said Probate Court

163 of the Town of Westerly duly entered on the twenty eighth day of April, A. D. 1932, and of every other power and authority him tersunto enabling, by deed dated June 16, A. D. 1932 and recorded in Book No. 25 at page 118 of said records, did assign to Charlestown Estates, Inc., a corporation organized under the laws of the State of Rhode Island, its successors and assigns, the above described mortgage deed and the notes and debt there- by secured, and all his right, title and interest as administrator and executor afore- said in and to said deed of mortgage and the debt thereby secured and in and to the estate and premises described in said deed and did substitute and appoint Charles- town Estates, Inc., its successors and assigns, as the attorney or attorneys irrevocable of the said mortgagor under and with all the powers in said mortgage granted and contained; and WHEREAS the aforesaid deed of mortgage was made and given on the condition that if the promissory notes mentioned and described therein, and the interest thereon, and the debts and claims thereby secured, should be paid according to the tenor thereof, then said deed to be void, otherwise to remain in full force and effect; and WHEREAS, default was made in the condition of said deed, in this: The interest on said promissory notes and the said promissory notes became due and payable and remained unpaid for more than thirty days from the maturity thereof and before the giving of the notice of sale by advertisement hereinafter mentioned; and WHEREAS, the said Charlestown Estates, Inc. did, after the said default had continued more than thirty days advertise the premises in said deed, for sale at public auction in The Westerly Sun, a public newspaper printed in said Town of Westerly at least once each for three successive weeks before the day of the sale named therein, as set forth in the affidavit and notice of sale hereto attached and made a part hereof; and WHEREAS at a public auction held upon the premises described in said deed of mortgage on the thirtieth day of July, A. D. 1935 at 10 o'clock A. M., Eastern Stand- dard Time, (10'00 o'clock A. M. Daylight Savings Time,) in pursuance of said and in accordance with said advertisement and notice of sale, said default still continuing, the premises were purchased by said Charlestown Estates, Inc. being the highest bidder therefore, for the sum of Three Thousand (3000) Dollars. Now THEREFORE--KNOW ALL MEN by these PRESENTS: That the said CHARLESTOWN ESTATES, Inc. in the exercise of the powers men- tioned in said deed of mortgage, and of every other power to it herunto belonging, and for and in consideration of the said sum of Three Thousand (3000) Dollars to it paid by the said CHARLESTOWN ESTATES, Inc., the receipt whereof is hereby acknowledged, has given, granted, bargained, sold and conveyed, and by these presents does give, grant, bargain, sell, convey and confirm unto the said Charlestown Estates, Inc., its successors and assigns forever, Those six hundred lots or parcels of land lying and being in the Town of Charlestown, County of Washington, and State of Rhode Island, the same being bounded and described as follows: Lots One (1) to Six hundred and Seven (607) inclusive on "Flat" of Quonsetochsug Huts at Quonsetochsug Beach, R. I., Property of S. B. Moore, dated February 14, 1929, and filed of record the Records of Land Evidence in Town of Charlestown, excepting, however, the portion of the above described premises previously released like the operation of said mortgage deed by release of said Palmer H. Bakes and Anna E. Bakes dated October 11, 1926 and recorded in said Records of Land Evidence in Book 23 at page 197, and by release from Frank F. Bakes, Executor of the will of said Palmer H. Bakes and adminis- trator of the estate of said Anna E. Bakes dated November 20, 1931 and recorded in said Records of Land Evidence in Book 27 at page 1, referring to and partly voiding the said prior releases for of said releases for a particular description of the premises thereby released.

164 This conveyance is made subject to prior mortgages to John W. Buddington and Susan T. Kenyon, respectively, which are of record. TO HAVE AND TO HOLD said granted and bargained premises with all the rights, privileges and appurtenances thereto belonging unto the said Charles- town Estates, Inc. its successors and assigns, to its and their own use, benefit and behalf forever. IN WITNESS WHEREOF, the said Charlestown Estates, Inc. has caused its corporate name to be hereto subscribed and its corporate seal to be affixed by Howard E. Thorp, its President, hereunto duly authorized, this 5th day of August, A. D. 1932. Executed in presence of: MARY E. THORPE REVENUE STAMP ($3.00) STATE OF RHODE ISLAND SS. In Westerly in said county, this 12th day of August A. D. 1932, person- ally appeared before me the above named Howard E. Thorp, President of Charlestown Estates, Inc., to me personally known, and known by me to be the party executing the foregoing instrument and acknowledged said instrument by him signed to be his free act and deed, and the free act and deed of said Charlestown Estates, Inc. CHARLESTOWN ESTATES, INC. (L. S.) By Howard E. Thorp President MARY E. THORPE Notary Public. Town Clerk. AFFIDAVIT I, Howard E. Thorp, President of Charlestown Estates, Inc. on oath depose and say: I am the person who in behalf of said Charlestown Estates Inc. caused the sale mentioned in the preceding deed to be made. The following is a copy of the notice of sale that was advertised and in pursuance of which said sale was made. Mortgagee's Sale NOTICE IS HEREBY GIVEN That on Tuesday, the 29th day of July, 1932, at 3 o'clock P.M., at the office of the undersigned, located at 12 Main Street, Westerly, R.I., will be sold at public auction to the highest bidder for cash, the following described real estate, situated in the Town of Westerly, State of Rhode Island, to wit: A certain plot of land situated in the Town of Westerly, State of Rhode Island, being part of Lot No. 1 in the South Side of the Main Road, bounded on the North by the Main Road, on the East by the land of George H. Moore, on the South by the land of George H. Moore, and on the West by the land of George H. Moore. Said sale will be made in pursuance of a power of sale contained in a mortgage given by George H. Moore to the Charlestown Estates, Inc., dated the 1st day of May, 1928, and recorded in the Land Evidence Records of the Town of Westerly, in Book 124, Page 15. The said sale will be made subject to all easements, restrictions, covenants, and conditions of record. The said sale will be made subject to the right of redemption of the mortgagor, if any such right exists under the laws of the State of Rhode Island. The said sale will be made subject to the right of the mortgagee to cancel the sale at any time prior to the delivery of the deed. The said sale will be made subject to the right of the mortgagee to bid at the sale. The said sale will be made subject to the right of the mortgagee to sell the property in one or more parcels. The said sale will be made subject to the right of the mortgagee to determine the terms of the sale. The said sale will be made subject to the right of the mortgagee to reject any bid. The said sale will be made subject to the right of the mortgagee to postpone the sale. The said sale will be made subject to the right of the mortgagee to advertise the sale as it deems fit. The said sale will be made subject to the right of the mortgagee to execute a deed to the purchaser. The said sale will be made subject to the right of the mortgagee to receive the proceeds of the sale. The said sale will be made subject to the right of the mortgagee to apply the proceeds of the sale to the payment of the debt secured by the mortgage. The said sale will be made subject to the right of the mortgagee to pay any taxes due on the property. The said sale will be made subject to the right of the mortgagee to pay any other liens on the property. The said sale will be made subject to the right of the mortgagee to take possession of the property. The said sale will be made subject to the right of the mortgagee to evict any persons from the property. The said sale will be made subject to the right of the mortgagee to manage the property. The said sale will be made subject to the right of the mortgagee to lease the property. The said sale will be made subject to the right of the mortgagee to sell the property at a private sale. The said sale will be made subject to the right of the mortgagee to enter into any agreement regarding the sale. The said sale will be made subject to the right of the mortgagee to waive any notice. The said sale will be made subject to the right of the mortgagee to extend the time for payment. The said sale will be made subject to the right of the mortgagee to modify the terms of the mortgage. The said sale will be made subject to the right of the mortgagee to release any portion of the property. The said sale will be made subject to the right of the mortgagee to substitute another trustee. The said sale will be made subject to the right of the mortgagee to take any action necessary to protect its interest in the property. The said sale will be made subject to the right of the mortgagee to recover any deficiency from the mortgagor. The said sale will be made subject to the right of the mortgagee to hold the proceeds of the sale in escrow. The said sale will be made subject to the right of the mortgagee to distribute the proceeds of the sale. The said sale will be made subject to the right of the mortgagee to account for the proceeds of the sale. The said sale will be made subject to the right of the mortgagee to seek court approval for the sale. The said sale will be made subject to the right of the mortgagee to defend the sale in court. The said sale will be made subject to the right of the mortgagee to appeal any court decision. The said sale will be made subject to the right of the mortgagee to settle any claims. The said sale will be made subject to the right of the mortgagee to enter into any settlement agreement. The said sale will be made subject to the right of the mortgagee to release any claim. The said sale will be made subject to the right of the mortgagee to assign its interest in the mortgage. The said sale will be made subject to the right of the mortgagee to transfer the mortgage to another party. The said sale will be made subject to the right of the mortgagee to charge interest on the debt. The said sale will be made subject to the right of the mortgagee to collect attorney's fees. The said sale will be made subject to the right of the mortgagee to collect costs of sale. The said sale will be made subject to the right of the mortgagee to collect any other expenses. The said sale will be made subject to the right of the mortgagee to enforce the terms of the mortgage. The said sale will be made subject to the right of the mortgagee to foreclose the mortgage. The said sale will be made subject to the right of the mortgagee to take any legal action. The said sale will be made subject to the right of the mortgagee to exercise any right provided by law. The said sale will be made subject to the right of the mortgagee to act in good faith. The said sale will be made subject to the right of the mortgagee to be treated fairly. The said sale will be made subject to the right of the mortgagee to receive fair value for the property. The said sale will be made subject to the right of the mortgagee to conduct the sale in a reasonable manner. The said sale will be made subject to the right of the mortgagee to provide adequate notice. The said sale will be made subject to the right of the mortgagee to ensure a competitive bidding process. The said sale will be made subject to the right of the mortgagee to avoid any conflict of interest. The said sale will be made subject to the right of the mortgagee to comply with all applicable laws. The said sale will be made subject to the right of the mortgagee to follow all regulations. The said sale will be made subject to the right of the mortgagee to adhere to all professional standards. The said sale will be made subject to the right of the mortgagee to maintain confidentiality. The said sale will be made subject to the right of the mortgagee to protect the privacy of the parties. The said sale will be made subject to the right of the mortgagee to act with integrity. The said sale will be made subject to the right of the mortgagee to be honest and transparent. The said sale will be made subject to the right of the mortgagee to be accountable for its actions. The said sale will be made subject to the right of the mortgagee to be responsible for its conduct. The said sale will be made subject to the right of the mortgagee to be ethical in its dealings. The said sale will be made subject to the right of the mortgagee to promote the best interests of the parties. The said sale will be made subject to the right of the mortgagee to achieve a fair result. The said sale will be made subject to the right of the mortgagee to resolve any disputes amicably. The said sale will be made subject to the right of the mortgagee to seek mediation or arbitration. The said sale will be made subject to the right of the mortgagee to use all available resources. The said sale will be made subject to the right of the mortgagee to employ qualified professionals. The said sale will be made subject to the right of the mortgagee to obtain expert advice. The said sale will be made subject to the right of the mortgagee to verify all information. The said sale will be made subject to the right of the mortgagee to document all steps taken. The said sale will be made subject to the right of the mortgagee to keep accurate records. The said sale will be made subject to the right of the mortgagee to provide reports on the progress. The said sale will be made subject to the right of the mortgagee to communicate effectively. The said sale will be made subject to the right of the mortgagee to respond promptly to inquiries. The said sale will be made subject to the right of the mortgagee to address any concerns. The said sale will be made subject to the right of the mortgagee to correct any errors. The said sale will be made subject to the right of the mortgagee to improve its processes. The said sale will be made subject to the right of the mortgagee to learn from experience. The said sale will be made subject to the right of the mortgagee to adapt to changing circumstances. The said sale will be made subject to the right of the mortgagee to innovate in its approach. The said sale will be made subject to the right of the mortgagee to strive for excellence. The said sale will be made subject to the right of the mortgagee to contribute to the community. The said sale will be made subject to the right of the mortgagee to support local businesses. The said sale will be made subject to the right of the mortgagee to engage in philanthropic activities. The said sale will be made subject to the right of the mortgagee to promote sustainable practices. The said sale will be made subject to the right of the mortgagee to respect the environment. The said sale will be made subject to the right of the mortgagee to uphold human rights. The said sale will be made subject to the right of the mortgagee to promote equality and diversity. The said sale will be made subject to the right of the mortgagee to fight discrimination. The said sale will be made subject to the right of the mortgagee to encourage inclusion. The said sale will be made subject to the right of the mortgagee to foster cooperation. The said sale will be made subject to the right of the mortgagee to build strong relationships. The said sale will be made subject to the right of the mortgagee to create value for all stakeholders. The said sale will be made subject to the right of the mortgagee to ensure long-term success. The said sale will be made subject to the right of the mortgagee to leave a positive legacy. The said sale will be made subject to the right of the mortgagee to be remembered for its fairness. The said sale will be made subject to the right of the mortgagee to be respected for its professionalism. The said sale will be made subject to the right of the mortgagee to be admired for its integrity. The said sale will be made subject to the right of the mortgagee to be praised for its efficiency. The said sale will be made subject to the right of the mortgagee to be recognized for its contributions. The said sale will be made subject to the right of the mortgagee to be valued for its expertise. The said sale will be made subject to the right of the mortgagee to be trusted for its reliability. The said sale will be made subject to the right of the mortgagee to be chosen for its quality. The said sale will be made subject to the right of the mortgagee to be preferred for its service. The said sale will be made subject to the right of the mortgagee to be recommended for its performance. The said sale will be made subject to the right of the mortgagee to be sought after for its results. The said sale will be made subject to the right of the mortgagee to be leading in its field. The said sale will be made subject to the right of the mortgagee to be setting the standard. The said sale will be made subject to the right of the mortgagee to be driving innovation. The said sale will be made subject to the right of the mortgagee to be shaping the future. The said sale will be made subject to the right of the mortgagee to be making a difference. The said sale will be made subject to the right of the mortgagee to be creating a better world. The said sale will be made subject to the right of the mortgagee to be inspiring others. The said