1/9/1933 · MORTGAGE · book 25 page 248 doc 9159

248 KNOW ALL MEN BY THESE PRESENTS: That I, KATHERINE B. CRANDALL, wife of Carl P. Crandall, of the Town of WESTERLY, County of WASHINGTON and State of RHODE ISLAND hereinafter called the mortgagor, in consideration of FIFTEEN HUNDRED ($1500.) Dollars to me paid by Industrial Trust Company, a Corporation created by the General Assembly of the State of Rhode Island, and located and transacting business in the City and County of Providence, in said state, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto said Industrial Trust Company, its Successors and Assigns, forever: That tract of land, with all buildings and improvements thereon present, situated at Charlestown in the State of Rhode Island, and bounded and described following: Beginning at a stake and stone on the beach bank, at the Southwest corner of said tract, at a stake and stone on the beach bank, at the Northwest corner of said tract, at a stake and stone, and thence Northerly eighty (80) feet bounded Westerly on said McInnis land two hundred-fifty [250] feet thence turning and bounded Westerly on said McInnis land running Batterly [sic] direction at an angle of Twenty-three (23) feet thence to land of Alice J. Cullinan; thence turning and thence running Southerly eighty (80) feet bounded South with Twenty-three (23) feet distant from said McInnis land One hundred ten (110) feet; thence turning and bounded Easterly on said McInnis land running Batterly [sic] direction bounded Westerly on said McInnis land One hundred eighty-three (183) feet, thence Easterly on said Crum land One hundred forty (140) feet to a stake and stone on the beach bank, at the Southeast corner of said tract, thence Northerly to a stake or Long Island sound; thence turning and running Westerly a distance of Fifty (50) feet to the beach bank, thence running Northerly bounded Westerly on said McInnis land thence to the point or place of beginning. Also an undivided one-half part of a strip of marsh-land, bounded as follows: Beginning at the Northwest corner of corner of marsh-land of said McInnis; thence Westerly twelve (12) feet; thence Northerly twelve (12) feet; thence Northerly with straight line parallel with said McInnis land One hundred eighty-three (183) feet; thence turning and running Easterly twelve (12) feet. Reserving to Alice J. Cullinan, her heirs and assigns, a right of way appurtenant to the remaining land of Alice J. Cullinan for all purposes, passed and defined as follows: Beginning at a point in the division line between land of Alice J. Cullinan and land now or former ly owned by [illegible] running Northerly one hundred forty (140) feet Northerly of a stake and stone on the beach bank, at the Southwest corner of said tract, thence running Easterly a distance of three (3) feet; thence North- erly over said land parallel to the boundary of said McInnis land to the sea; thence Westerly a distance of three (3) feet; thence North- erly over said land parallel to the boundary of said McInnis land to the division line to the remaining land of Alice J. Cullinan; thence Easterly three (3) feet to the point of beginning. Being the same premises conveyed to this Mortgagor by Alice J. Cullinan by deed dated May 14th, 1931 and recorded in the Land Records of said Town Clerk's office in Book 1116, page 425, reference to said deed and the record thereof being hereby had and aid made and the same is made a part of these premises. to HAVE AND TO HOLD the aforesaid premises, with their appurtenances unto and to the use of said Industrial Trust Company, its Successors and Assigns, forever. And I, and the said mortgagor, do hereby, for myself and for my heirs, executors, and administrators, covenant with said Industrial Trust Company, its Successors and Assigns, that I am lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances whatsoever, that I have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that said Indus- trial Trust Company, its Successors and Assigns, shall by these presents at all times herafter peaceably enjoy and have the said premises, and that the said mortgagor will, and her heirs, executors and administrators shall, warrant and defend the same to said Industrial Trust Company, its Successors and Assigns, forever, against the lawful claims and demands of all person whomsoever and to pay the taxes, assessments and other expenses hereby secured as hereinafter provided. and for the consideration aforesaid, I, Carl P. Crandall, husband of the said Katherine B. Crandall, and hereinafter included with her in the term "mortgagors", do hereby release all my right of curtesy in and to the said granted premises unto said Industrial Trust Company, its Successors and Assigns, forever. PROVIDED, NEVERTHELESS, that if, that the said mortgagors, or their heirs,

249 executors, administrators or assigns, shall pay unto said Industrial Trust Company, its Successors or Assigns, the sum of Fifteen hundred ($1500.) Dollars in Three (3) months from the date hereof, with interest thereon at the rate of Six (6%) per centum per annum, payable in advance 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, upon or upon said Industrial Trust Company, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that may be hereinafter enacted, then this deed, as also a Promis- sory note whereby they, the said mortgagors promise to pay said Industrial Trust Company or order, the sum aforesaid with interest as aforesaid, at the times aforesaid, shall become and be absolutely void to all intents and purposes whatsoever. but IF DEFAULT shall be made in the payment of the said sum or of said interest at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same become payable, or of any other 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 said Industrial Trust Company, its Successors or Assigns, to sell, together or in parcels, all and singular the premises hereby granted, or intended to be granted, or any part thereof as the benefit and the equity of redemption of the said mortgagors their heirs, executors, ad- ministrators and assigns answerable, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser shall be admissible 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; and such sale to be upon the premises or elsewhere, as specified in such notice; and in the name of the then owner names, or as the attorney or attorneys of the said mortgagors (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 or sales, good and sufficient deed or deeds of said premises in fee simple; and to receive the purchase money, and therefrom to retain all sums hereby secured, whether then due or to fall due thereafter, or the part thereof then re- maining unpaid, and all the interest then due on the same, together with all expenses incident to such sale or sales, and all counsel fees and other expenses incurred, in or in any way connected with the exercise of these powers, and all taxes and assessments as aforesaid, and all premiums for insurance, either heretofore paid by said Industrial Trust Company, its Successors or Assigns, or then remaining unpaid, rendering and paying the surplus of said purchase money, if any there be over and above the amount so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses and charges, to the said mortgagors, their heirs, executors, administrators or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagors, their heirs, executors, administrators and assigns, and all persons claiming said premises so sold by, from or under them or any of them. And we, the said mortgagors, for ourselves and for our heirs, executors, administra- tors and assigns, hereby covenant with said Industrial Trust Company, its Successors and Assigns, that we or they will upon request execute such deed or deeds confirmatory of such sale or sales as may be necessary or advisable. AND FURTHERMORE, they, the said mortgagors, for themselves and for their heirs, executors, administrators and assigns, hereby covenant with said Industrial Trust Company, its

250 Successors 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 said Industrial Trust Company, its Successors and Assigns, shall approve, in a sum not less than Fifteen hundred ($1500.) Dollars, and that all policies of Insurance upon said buildings shall be assigned and transferred, or made payable in case of loss to said Industrial Trust Company, its Successors and Assigns, as collateral security thereto, and, in default thereof, hereby agree that said Industrial Trust Company, its Successors and Assigns, may effect such insurance either in its or their own name, or in the name of said mortgagors, their heirs or assigns, and that the premium or premiums paid therefor shall be a further charge upon said granted premises secured by these presents as aforesaid. IN WITNESS WHEREOF, we have hereunto set our hands and seals this second day of December A. D. one thousand nine hundred thirty-one. Signed, sealed and delivered in presence of LEWIS STANTON GILBERT S. BISSET KATHERINE B. CRANDALL (SEAL) CARL F. CRANDALL (SEAL) STATE OF RHODE ISLAND } ss. County of Washington } ac. In Westerly on the third day of December A. D. 1931. before me personally appeared the above named Katherine B. Crandall and Carl F. Crandall, wife and husband each and all to me known, known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by them executed, to be their free act and deed. RAYMOND C. VARS Notary Public. Received for record January 9th, A. D. 1931 at 11:00 o'clock, a. m., and recorded by [Signature] Town Clerk. Industrial Trust Company, having received full payment and satisfaction of the within mortgage, does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by the Manager & the Asst. Manager of its Westerly Branch, duly authorized, this 2nd day of April, A. D. 1948. Signed and sealed In presence of Lillian G. Coates INDUSTRIAL TRUST COMPANY By Hiram Kendall (Corporate Seal) Manager Thomas Sutcliffe Asst Manager Above discharge received for record April 3rd, A. D. 1948 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk.