10/3/1934 · DEED · book 25 page 584 doc 9459

584 KNOW ALL MEN BY THESE PRESENTS: That whereas, the Washington Trust Company, a banking corporation legally created and established and transacting business in the Town of Westerly, County of Washington and State of Rhode Island, is mortgagee in a certain mortgage deed of even date herewith of certain real estate and interests in real estate located in the Town of Westerly and Charlestown, in said State of Rhode Island, securing the payment of a promissory note also of even date herewith for the amount of $1090., said mortgage and note having been made and executed by Shelter Harbor Country Club, a corporation organized under the laws of the State of Rhode Island and having its prin- cipal office in the City and County of Providence in said State, payable one year after date with interest at Six per centum per annum payable semi-annually after that date, which mortgage is to be recorded in the Records of Mortgages of Real Estate in said Towns of Westerly and Charlestown; And whereas, said the Washington Trust Company is also mortgagee in three certain other mortgages dated, April 14, 1917, February 24, 1919 and March 14, 1924 and re- corded respectively in Book No. 14 page 522, Book No. 15 page 356, and Book No. 19 page 64 of the Records of Mortgages of Real Estate in said Town of Westerly, one Franklin D. Lawson being the mortgagor in the first two named of said mortgages, and the Shelter Harbor Corporation being the mortgagor in the last named of said mortgages, each of which mor- gages covers portions of the premises described and conveyed in said mortgage deed of even date herewith; And whereas, Shelter Harbor Country Club, is now the owner of the premises de- scribed in said three certain other mortgages, which mortgages are now in default by virtue of the non-payment of interest thereon; And whereas, said the Washington Trust Company, present holder of said three certain other mortgages, has threatened to institute foreclosure proceedings under said three certain other mortgages because of said defaults; Now, therefore, in consideration of the forbearance by said the Washington Trust Company to institute such foreclosure proceedings, and as a further consideration of the granting by said the Washington Trust Company of the loan of even date herewith be- cured by said mortgage deed of even date herewith, said Shelter Harbor Country Club does hereby give, grant, bargain, sell, convey and confirm unto said The Washington Trust Company, its successors and assigns, the following described parcels of land, together with the buildings and improvements thereon and the appurtenances thereto belonging, located partly in said Town of Westerly, and partly in said Town of Charlestown, to be hereby incorporated into and taken as a part of the aforesaid three certain other mor- gages dated April 14, 1917, February 24, 1919 and March 14, 1924 held by said the Washing- ton Trust Company, in addition to the real estate already described in said mortgages, and as further security therefor, viz: To be hereby incorporated into and taken as a part of said mortgages dated April 14, 1917 and February 24, 1919, (a) The following lots of land designated and delineated on two maps of land located partly in said Town of Westerly and partly in said Town of Charlestown, each map being entitled "Map of Bungalow Sites called Misquamicut, Property of Dr. Franklin D. Lawson, in the Town of Westerly, Rhode Island" dated November 20, 1900 and filed in the Registry of Deeds in Westerly, "Woodcut" and filed December 15, 1912 and Feb- ruary 15, 1915, in the office of the Town Clerk of Westerly in said State, as follows: Lots numbered 1 to 13, inclusive, in Section I of said map; respectively; Lots numbered 9 to 14, inclusive, 17 to 20 inclusive, 31 to 34, inclusive, 49 to 60, inclusive, 71 to 77 inclusive and 81 to 85 inclusive, in said map; also Lots numbered 1, inclusive, 57 to 68, inclusive, in Section II on said map; also Lots 1 to 28, inclusive, 31 to 34, inclusive, 49 to 60, inclusive, in Section III of said map; also Lots 1 to 10, inclusive, 49 to 68, inclusive, in Section IV on said map; also Lots 7 to 10, inclusive, 15 and 45 to 64, inclusive, in Section V on said map; also Lots 1 to 14, and 56, 61 to 64, inclusive, 67 to 70, inclusive, 77 to 80, inclusive, in Section V on said map; also Lots 1 to 14, inclusive, 35 to 37, inclusive, in Section VI on said map; also Lots 20 to 28, 55, 56, 75 and 76, in Section VIII on said map; also Lots 5 to 14, inclusive, 23 to 26, inclusive, 31, 47, 48 and 53

585 54, 63 to 66, inclusive, 71 and 72, 77 to 80 inclusive, in Section IX, on said map; also Lots 37 to 49, inclusive, 51 to 56, inclusive, in Section X on said map; also Lots 61 to 65, inclusive, in Section XI on said map; also Lots 2K and 22 to 40, inclusive, in Section XII on said map; also Lots 1 to 10, inclusive, and 11 inclusive, in Section XIII on said map; also Lots 1, 2, 4, 5, 8, 14 and 8, in Section XIV on said map; also Lots 1 to 10, inclusive, on said map; also Lots 37 to 48, inclusive, 49 to 70, inclusive, in Section XVII on said map; also Lots 9 to 30, inclusive, 47 to 60, inclusive, in Section XVIII on said map; also Lots 1 to 6, inclusive, 9 to 12, inclusive, in Section XIX on said map; also Lots 1 to 4, inclusive, 17 to 25, inclusive, in Section XX on said map; also Lots 5 to 9, inclusive, in Section XXI on said map; also Lots 1 to 6, inclusive, in Section XXII on said map; and also Lots 1 to 4, inclusive, in Shore Lot Section on said map. (b) All roads, always driveways, roads, lawns, parks, squares, groves, forests, beaches, including Symphony Beach as shown on said map recorded in Plat Book No. 2, Page 65, containing about 4500 linear feet of ocean beach), dunes, marshes, islands, ponds, streams between the waters and the lakes on Lake Shore section as shown on said map, lands intertidal and submerged under water and on the ebb and flow of the tide, and all those properties entitled "Map of Shelter Bay Harbor formally known as Woodcrest" (more specifically described in the deed referred to in paragraph (a) hereinabove) as surveyed by the William Mapes and Guide Co. from a survey made in 1952 by George A. Woodward, scale feet to the inch, which revised map is recorded in said Land records of said Westerly in Book 53 Page 114. (c) All riparian shore, and water rights, and all easements, rights-of-way and reservations of every kind and description, appurtenant to any of the property herein described. (d) As the tract of land lying north of the Post Road aforesaid, generally known as the Post Road Farm, together with all buildings or structures on or under said land, as described in a deed dated October 13, 1924 and recorded in the Land records of said town of Westerly, in Book 42 Page 47 and in the Registry of mortgages of said Westerly in Book 42 Page 47. (e) Also a tract of land lying north of the Post Road aforesaid, generally known as the Elderberry Flowering farm, containing approximately one hundred sixty-three acres, particularly described in a deed dated May 7, 1924 and recorded in the Land records of said town of Westerly in Book 49 Page 47. The above described premises and hereby convey to said the Washington Trust Company all the lands with the buildings and improvements thereon, all the appurtenances and thorough fares, rights therein, including riparian shore, and water rights, and all easements and reservations of every kind and description, appurtenant to the same and not heretofore conveyed, as described in said Shelter Harbor Country Club recorded in said Town of Westerly and Charlestown, Rhode Island, on mortgages executed by said Club and dated February 24, 1933, and acquired by said Shelter Harbor Country Club by the following deeds: (1) Shelter Harbor corporation to Shelter Harbor Country Club, dated December 15, 1932, and recorded in the Westerly Land records in Book 53 Page 138, and in Charlestown Land records, in Book 24 Page 94. (2) Shelter Harbor Corporation to Shelter Harbor Country Club, dated June 28, 1933 recorded in Westerly Land records in Book 53 Page 141, and in Charlestown Land records, in Book 24, Page 96. (3) Shelter Harbor Corporation to Shelter Harbor Country Club, dated February 15, 1933, recorded in Westerly Land records in Book 53 Page 70. (4) Prandtl D. Lawton, to Shelter Harbor Country Club, dated May 23, 1933. (5) Samuel Gardner and Company, Inc., to Shelter Harbor Country Club, dated May 23, 1933, and recorded in Westerly Land records prior to the recording of this instrument. With the exception of the tracts of land described in paragraphs (d) and (e) hereinto- nabove, the above described premises are conveyed subject only to mortgages or restrictions thereon not held by the Grantee, and to the taxes and assessments of record, record, said land sizes described in paragraphs (d) and (e) are subject to only mortgages of record aggregating $43,500. To the hereby incorporated into and taken as a part of said mortgage dated March 14, 1934 (aa) The following lots of land lying on designated and delimited on two maps of land parcelled said town of Westerly and partly in said town of Charlestown, each map being entitled "Map of Bungalow Sites called Nutcology, Property of Dr. Franklin P. Lawton, in the Town of Westerly and Town of Charlestown, Rhode Island, as surveyed by George A. Woodward" and filed October 19, 1932 and November 25, 1932, in the office of the Town Clerk of said town of Westerly: Lots numbered 1 to 10, inclusive, in Section VI and 65 and respectively; Lots numbered 35 and 36 in Section VIII on said map; Lots numbered 5 and 8, 13 and 14, 17 to 21, inclusive, in Section IX on said map; Lots numbered 1 to 3, 69 and 70 in Section XII on said map; Lots numbered 4 and 8 in Section XIV on said map; Lots numbered 39 to 42, inclusive, in Section XX on said map; (bb) All roads, always driveways, roads, lawns, parks, squares, groves, forests, beaches (including Symphony Beach as shown on said map recorded in Plat Book No. 2, Page 65, containing about 4500 linear feet of ocean beach), dunes, marshes, islands, ponds, streams, flungshore and others, and all those properties, and all reservations of every kind and description, described in Paragraphs (b), (c), (d), (e) hereinabove the descriptions contained in said paragraphs being hereby referred to and made a part hereof.

596 Meaning and intending to include in paragraphs (aa) and (bb) hereinabove, all the land with the buildings and improvements thereon, and all appurtenances thereof, and rights therein, including riparian, shore and water rights, and all easements and reservations of every kind and description, whether or not herebefore particularly described, and conveyed by saidFooter Country Club located in said Town of Westerly and Charlestown, Rhode Island, not orig- inally included in said deed dated April 14, 1917, by said Footer Country Shelter Harbor Country Club by the deeds described in paragraphs numbered (1), (2), (3), (4), (5) and (6) hereinabove, and subject only to the encumbrances men- tioned in the first paragraph on this page. TO HAVE AND TO HOLD the aforementioned premises, with their appurtenances unto and to the use of the Washington Trust Company, its successors and assigns, forever, with the same warranties and under the same terms and conditions as respectively are con- tained in said mortgages dated April 14, 1917, February 24, 1919 and March 14, 1924, ex- cepting as aforesaid, and except that no warranty is made against any rights which may have been acquired by adverse possession on a portion of the land north of the dunes on said maps, at the easterly end thereof, and by any persons now in possession thereof except the Shelter Harbor Country Club. If default shall be made in the payment of principal or interest of any of said three certain other mortgages dated April 14, 1917, February 24, 1919 and March 14, 1924 respectively, or if all past due taxes on the real estate therein described as hereinabove amended shall not be paid within six (6) months from the date hereof, or if all taxes here- after to become payable, assessed on the real estate therein described as hereinabove amend- ed shall not be promptly paid when due, or if any of the covenants or agreements therein con- tained shall not be performed in the manner hereby required, and foreclosure of any of said mortgages is thereupon instituted, or if the Washington Trust Company shall desire to assign or transfer any of said mortgages, the lands and interests in land hereinabove respectively added to said mortgages shall be taken as a part of the lands and interests in land described in said mortgages shall be taken as a part of the lands and interests in land described in said mortgages shall be taken in the same manner as though originally included therein at the time of the execution thereof. It being the intention of the Shelter Harbor Country Club and the Washington Trust Company that the lands and interests in land hereinabove respectively added to said mortgages dated April 14, 1917, February 24, 1919 and March 14, 1924, shall be taken as a part of the lands and interests in land described in said last named three mortgages in the same manner as though originally included therein at the time of the execution there- of for all lawful purposes; and that the payment, discharge, cancellation, rescission, re- formation, foreclosure, assignment or other action upon said mortgage of even date herewith, shall not in anywise affect or alter the amendment hereby made to said mortgages dated April 14, 1917, February 24, 1919 and March 14, 1924; and that in all respects except as herein- above written, said last three named mortgages shall remain to the same effect as now written. In Witness Whereof, said Shelter Harbor Country Club has hereunto caused these presents to be signed by Benjamin F. Moulton, its President, and Walter K. Pullen, its Treas- urer, therunto duly authorized, and its corporate seal to be hereunto affixed this 1st day of May, A. D. 1933. Signed, sealed and delivered in the presence of: S. EVERETT WILKINS, JR., as to B. F. M., & W. K. P. SHELTER HARBOR COUNTRY CLUB, by (SEAL) Benjamin F. Moulton Its President Walter K. Pullen Its Treasurer.

587 STATE OF RHODE ISLAND COUNTY OF WASHINGTON, Sc. In Westerly on the 31st day of May, A. D. 1933, before me personally appeared Benjamin P. Moulton and Walter K. Fulles, to me known, and known by me to be the President and Treasurer respectively of Shelter Harbor Country Club, and they acknowledged the above instrument by them executed for and in behalf of said Shelter Harbor Country Club, to be their individual and official and free act and deed, and the free act and deed of said corporation. S. EYRETT WILKINS, JR. Notary Publico. Received for record October 3rd, A. D. 1934 at 1:32 o'clock, p. m., and recorded by [Signature] Town Clerk.