6/19/1934 · MORTGAGE · book 25 page 470 doc 9358

470 We, Charles S. Brightman and Alice M. Brightman, husband and wife both of Charlestown, Washington County, Rhode Island for consideration paid grant to Home Owners' Loan Corporation, a corporation created under the laws of the United States of America and having its principal place of business in the City of Washington, Dis- trict of Columbia, with MORTGAGE COVENANTS, to secure the payment of $1261.52 Dollars, and such additional sums or sums that may, subsequent hereto, be advanced to or expended for our benefit, upon the terms and conditions provided in a certain negotiable promis- sory note of even date herewith, That certain real estate situated in Charlestown Town County of Washington State of Rhode Island, and described as follows: Beginning at the southeasterly corner thereof on the north side of the Post Road leading from Westerly, R. I. to Wake- field and southeasterly one hundred feet parallel the boundary line between Name and others or formerly known as Latin, at a point four hundred ninety three feet six inches (493' 6") easterly by the state highway boundary post marking the south bound of these premises; thence running northeasterly along a stone wall a distance of forty five feet and six inches (45' 6") to the south side of the old state highway and thence running on a curve six hundred ninety eight feet (698') along the south side of said state highway to a point where old state highway and post road intersect and thence running easterly one hundred eighty seven feet (187') and five inches more or less hence along the north side of said state highway to a point of beginning, bound easterly by said Latin land) northerly and westerly by old state highway and southerly by new post road. Being the same premises conveyed to said mortgagors by Henry M. Brightman by deed dated February 23, 1927 and recorded in Land Evidence and Deeds in Charlestown book 23, at page 115, re- ferenced to the same and others, a part thereof being hereby had and made and the same made a part hereof. together with the hereditaments and appurtenances thereunto belonging and also together with all disappearing beds, ice houses, mechanical refrigeration unit, equipment for heating, lighting, and cooking, mirrors, doors and window shades and personal property or as ever furnished by a landlord in letting or operating an unfinished building similar to the buildings erected upon said mortgage premises and now or hereafter installed there- in by the Lessor or his assigns which shall be deemed between the parties hereto and all parties claiming by, through or under him, as accession to the freehold and a part of the realty and encumbered by this lien. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALES. ADDITIONAL COVENANTS AND CONDITIONS And we, said Mortgagors, for ourselves and for our heirs, executors, adminis- trators and assigns, further covenant that, will permit or suffer no waste, impairment or deterioration of said property or any part thereof and to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants in said promissory note and in this Mortgage set forth. And we, said Mortgagors, for ourselves and for our heirs, executors, administra- tors and assigns, hereby covenant with said Mortgagee, its successors and assigns, to assign, and by these Presents do hereby assign to said Mortgagee, its successors and assigns, any and all rents of the premises herein described, and authorize said Mortgagee, its suc- cessors and assigns, by its agent, to take possession of said premises at any time is there is any default in the payment of the debt hereby secured or in the performance of any obliga- tion herein contained, and rent the same for the account of the said Mortgagors, their heirs, executors, administrators and assigns, as described herein, and to deduct from such rents all cost of collection and administration and apply the remainder of the same on the debt hereby secured; or said Mortgagee, its successors or assigns, at its option, may

apply to the Superior Court of the State of Rhode Island for the County in which said property is situated, for the appointment of a receiver to collect and apply said rents in, accordance with the provisions of this paragraph, the reasonable cost thereof to be borne by said Mortgagor. And we, said Mortgagors, further covenant for ourselves, our heirs, executors, administrators and assigns, to promptly pay during the whole term all taxes, assessments, levies, lia- bilities, obligations and encumbrances of every nature or sort said described property each and every, and deliver the official receipt therefor to the Corporation, or a certificate signed by each taxing official to whom any such taxes shall be payable, that all the taxes due to be said paid official here have been paid for the current year. And we, said Mortgagors further covenant for ourselves, our heirs, executors, administrators and assigns, to keep the improvements herein mortgaged insured against loss or damage by fire or other casualty, under a mortgage clause in the form approved by said Corporation. And we, said Mortgagors, further covenant for ourselves, our heirs, executors, administrators and assigns, not to erect or permit to be erected, any new buildings on the premises hereby mortgaged or, to add to or permit to be added to, any of the existing improvements thereof, without the written consent of the said Mortgagee, its successors and assigns; and further covenant that if foreclosure proceedings of any second mortgage or junior lien of any kind should be instituted, the said Mortgagee, its successors and assigns may at its option immediately declare this loan and the note secured hereby, due and payable, and take such proceedings either by foreclosure or otherwise as may be necessary to protect its interest in the premises. And we, said Mortgagors, for ourselves, our heirs, executors, administrators and assigns, further covenant that in the event that the payment are not fully and promptly made within ninety (90) days after the same become due and payable, or if breach be made of any of the covenants, conditions, stipulations and agreements contained in this Mortgage and the note hereby secured, or either, the aggregate sum mentioned in the said promissory note shall become due and payable forthwith, or thereafter, at the option of the Mortgagee, its successors or assigns, as fully and completely as if the said aggregate sum of Thirty Two Hundred ninety one and 50/100 Dollars was originally stipulated to be paid on such day, any- thing said in promissory note or herein to the contrary notwithstanding. In the event that said Mortgagee shall advance a further sum or further sums to or for the benefit of said Mortgagors, then said Mortgagors, further covenant and agree for themselves and their heirs, executors, administrators and assigns, that such sum or sums so advanced shall be payable on demand and become a part of the principal secured by this instru- ment; and the interest on such sum or sums so advanced to be at the rate of 6% per annum. And we, said Mortgagors, further covenant to pay all and singular the costs, charges and expenses, including attorneys' fees reasonably incurred or paid at any time by said Mortgagee, its legal representatives or assigns, because of the failure on the part of the said Mortgagors, our heirs, executors, administrators or assigns, to promptly comply with and abide by each and every the stipulations, agreements, conditions and covenants of said pro- missory note and this Mortgage, or either, and every such payment shall be due and payable forthwith and shall bear interest from the date thereof at the rate of six (6%) per cent per annum. And Charles S. Brightman and Alice M. Brightman wife of the Mortgagor, release to the Mortgagee all our right of curtesy and dower and all other interest in the aforesaid premises. WITNESS our hands, this 19th day of June, A. D. 1934. CHARLES S. BRIGHTMAN ALICE M. BRIGHTMAN

472 STATE OF RHODE ISLAND} County of Washington } In Westerly on the 19th day of June, A. D. 1934 before me personally appeared Charles S. Brightman and Alice M. Brightman to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument by them exe- cuted to be their free act and deed. JOHN J. DUNN, Notary Public. Received for record June 19th, A. D. 1934 at 1:35 o'clock, p. m., and recorded by [Signature] Town Clerk. HOLC Form 154 - Rhode Island Loan #37-D-66 Revised 8-25-44 The HOME OWNERS' LOAN CORPORATION, having received full payment and satisfaction of that certain mortgage made and executed by CHARLES S. BRIGHTMAN and ALICE M. BRIGHTMAN, husband & wife, dated June 19th, 1934 and recorded in the Records of Land Evidence in the Town of Charlestown, in the State of Rhode Island, in Book Number 25, at page 470, hereby cancels and discharges the same. And the HOME OWNERS' LOAN CORPORATION covenants to and with the person making said payment that it is the present owner of said mortgage. IN WITNESS WHEREOF, HOME OWNERS' LOAN CORPORATION has caused D. L. Shields, its Assistant Treasurer, hereunto duly authorized, to set his hand and affix the seal of the Corporation for and in behalf of the Corporation, this 15th day of May, in the year of our Lord One Thousand Nine Hundred and forty-six (1946). HOME OWNERS' LOAN CORPORATION (Corporate Seal) By D. L. Shields D. L. Shields Assistant Treasurer. Received for record May 21st, A. D. 1946 at 9:00 o'clock a. m., and recorded by [Signature] Town Clerk