The instrument's own words
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591
KNOW ALL MEN BY THESE PRESENTS, That We, Wes, Lucy A. Hoxsie widow and Willard W.
Hoxsie, unmarried, both of the Town of Charlestown, County of Washington, and State of Rhode
Island, hereinafter called the mortgagors in consideration of Twelve Hundred ($1200.00)
Dollars to us paid by the "Land Bank Commissioner", acting pursuant to Part 3 of the act of
Congress known as the Emergency Farm Mortgage Act of 1933," hereinafter called the mort-
gagees, and having a usual place of business in the City of Springfield, Commonwealth of Massa-
chusette, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell
and convey unto the said mortgagees, his successors and assigns forever, all that land, with
the buildings and improvements thereon, situated in the Town of Charlestown County of Wash-
ington, in the State of Rhode Island, on both sides of the Post Road leading from Wakefield
to Westerly, bounded on the north by the land now and formerly of the heirs of Jared Babcock,
easterly by land now or formerly of John Stanton in part and in part by land now or formerly
of Samuel Browning, on the south by Charlestown Pond, and on the west by land now or formerly
of Samuel B. Hoxsie, or otherwise however bounded and described said farm contains one hundred
twenty (120) acres, more or less, and is the same farm or tract of land conveyed to Joseph
M. Hoxsie and Ann A. T. Hoxsie, by two deeds, one from Henry S. Clark et al., dated April 18,
1891 and recorded in the Records of Land Evidence in said Town of Charlestown in Deed Book 12
at page 256, and the other from Ann A. Clark, guardian, dated April 18, 1891 and recorded in
said Records Deed Book 12 at page 297. Said Ann A. Hoxsie Jr. conveyed his undivided half
to Lucy A. Hoxsie by deed dated June 27, 1909 and recorded in said records in Book 15 at page
218, and the undivided half owned by Joseph M. Hoxsie at the time of his decease passed by
descent to his sole heir-at-law, Willard M. Hoxsie. Reference is hereby made to the deeds passed
referred to.
This mortgage is made subject to the right of the public, in over, and across said
Post Road, and subject and subordinate to a first mortgage to The Federal Land Bank of
Springfield, for six Thousand ($6000.00) Dollars, dated June 10, 1931 and recorded in said re-
cords in Mortgage Book 24 at page 41.
TO HAVE AND TO HOLD the aforesaid premises, with all the privileges and appurte-
nances thereto belonging, unto and to the use of the said mortgagees, his successors and assigns
forever in fee simple.
And we the said mortgagors, do hereby, for ourselves and for our heirs executors and ad-
ministrators, covenant with the said mortgagees, his successors and assigns, that we are law-
fully seized in fee simple of the said granted premises; that the same are free from all incum-
brances except as aforesaid; that we have good right, full power and lawful authority to sell
and convey the same in manner as aforesaid; that the said mortgagee, his successors and assigns,
shall by these presents at all times hereafter peaceably and quietly have and enjoy the said
premises, and that we the said mortgagors will, and our heirs, executors and administrators shall
warrant and defend the same to the said mortgagee, his successors and assigns, forever against
the lawful claims and demands of all persons, except as aforesaid.
And for the consideration aforesaid aforesaid, we said Lucy A. Hoxsie and Willard M. Hoxsie,
covenant that we are unencumbered.
PROVIDED NEVERTHELESS, and this conveyance is made upon the express condition that if
the said mortgagors or their heirs, executors, administrators or assigns, shall pay unto the
said mortgagees, his successors or assigns, at his office in the City of Springfield, Massachu-
setts, the sum of Twelve Hundred ($1200.00) Dollars, lawful money of the United States of
America, with interest at the rate of five (5) per centum per annum, payable semi-annually, and
the principal payable on an amortization plan in twenty equal semi-annual installments, the
first of such installments on the first day of October 1938, both principal and interest payable
as provided in note of even date hereby provided; that the mortgagors, their heirs, executors
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592
or administrators may at any time make one or more installment payments in reduction of the
principal sum of the mortgage debt, or may pay the entire principal of the mortgage debt
then remaining due, and provided further that any such additional payments in reduction
of the mortgage debt shall operate to discharge the debt evidenced hereby at an earlier
date, and shall not reduce the amount or defer the due date of any subsequent installment
of principal as provided in said notes; shall keep the buildings now or hereafter located
on said premises insured against loss or damage by fire and/or windstorm in an amount
and form and with insurer or insurers otherwise satisfactory to the mortgagee, his successors
or assigns; all policies of insurance on the property to be for the benefit of and first
payable in case of loss to and always kept deposited with the mortgagees, his successors or
assigns, and at least two (2) days before the expiration of any such policy shall deliver
to the mortgagee, his successors or assigns, a new and sufficient policy to take the place
of the one so expiring, which policies, in the event of foreclosure of this mortgage, shall
become the property of and belong to the mortgagees, his successors and assigns, with full
authority to attorney irrevocable of the mortgagees to dispose of the same in his or their
discretion; shall pay when due all taxes and assessments lawfully made or assessed on the
granted premises or on any interest therein, and all judgments and amounts (both principal
and interest) constituting or secured by lien on and mortgage upon said premises, prior to this
mortgage and exhibit to the mortgagee, his successors or assigns, receipts, or certified
copies thereof, evidencing said payment; shall expend the whole of the loan secured hereby
exclusively for the purposes best set forth in the application therefore; shall maintain and work
the premises herein described in a good and husbandlike manner; shall not abandon or cease to
use said premises for farm purposes; shall keep the buildings and improvements now or
hereafter located on the premises herein described in good repair, and shall not permit said
buildings to become vacant or unoccupied; shall not remove or demolish or permit the removal
or demolition of any of said buildings or improvements; shall not cut or remove, or permit the
cutting or removal of wood or timber from said premises except for domestic use; and
shall not commit or suffer any strip or waste of the granted premises, or any breach of any
covenant herein contained; then this deed, as also said promissory note shall become and be
void to all intents and purposes whatsoever.
BUT IF DEFAULT shall be made in the payment of any of said interest or semi-annual
payments at the time or times and in the manner aforesaid, or if the taxes, liens, assess-
ments, or any judgment or amount aforesaid, as the same become payable, or any of either
of them, or of any part thereof, or if breach shall be made of the covenant for insurance
aforesaid, or if any other condition or covenant of this mortgage, then it shall be lawful
for the said mortgagee, his successors 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 mortgagees, and their heirs, executors,
administrators and assigns therein, at public auction upon the premises, and to 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 public newspaper published in the County of Washington in the State of Rhode
Island, with power to adjourn such sales 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 his or their own name or 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, a good and sufficient deed or deeds
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593
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 thereafter, 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 hereafter, and for fees
of counsel and attorneys and all costs or expenses incurred in the exercise of said powers,
and all taxes, liens, assessments, judgments, amounts and premiums for insurance, if any, either
theretofore paid by the said mortgagee, his successors or assigns, or then remaining unpaid,
upon said granted premises, rendering and paying any 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 mortgagees, their
heirs, executors, administrators or assigns, which sale or sales made as aforesaid, shall forever
be a perpetual bar in law and equity against the said mortgagees, their heirs, executors,
administrators and assigns, and all persons claiming said premises, so sold by, from or under
them or any of them.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that upon any default in the performance or ob-
servance of any of the covenants or conditions of this mortgage, the whole of said mortgage debt
shall, at the option of the mortgagee, his successors or assigns, become due and payable forth-
with, by a notice in writing to that effect delivered to the mortgagors, or their heirs, admin-
istrators or assigns, or deposited in the mail, postage prepaid, addressed to them or to their
executors, administrators or assigns at their last known place of business or abode.
And we the said mortgagees, for ourselves and for our heirs, executors, administrators
and assigns, hereby covenant with the said mortgagee, his successors and assigns, that we and
they will upon request execute such deeds or conveyances of said sale or sales as may be
required.
And furthermore, we the said mortgagors, for ourselves and for our heirs, executors,
administrators and assigns, hereby covenant and agree with the said mortgagee, his successors
and assigns, that in case of failure to keep said buildings so insured, or failure to pay when
due all taxes, liens and assessments, or any judgment or amount (both principal and interest)
constituting or secured by lien or mortgage prior to this mortgage, the mortgagee, his successors
or assigns, may effect and pay for such insurance and may pay such taxes, liens and assessments,
judgment or amount, and add the amounts so paid, including the costs and expenses connected
therewith, to the note secured hereby, and the same shall be a further charge upon said granted
premises secured by these presents and shall be payable on demand with interest at the rate of
five (5) per centum per annum; that in case the mortgagee, his successors or assigns, shall receive
insurance money in settlement of an insured loss, some may, at the option of the mortgagee, his
successors or assigns, be applied to discharge any portion of the indebtedness secured thereby,
whether or not same be due and payable, or to the reconstruction of the building or buildings so
destroyed or damaged without affecting the lien of this mortgage, for the full amount secured
thereby.
And we furthermore COVENANT AND AGREE that if the title to the premises herein
described be acquired, in whole or in part, by one who does not assume and agree to pay this
mortgage, that the whole of said mortgage indebtedness shall become due at the option of the
holder of this mortgage.
In WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of October
in the year of our Lord one thousand nine hundred and thirty-four.
Signed and sealed in presence of
DONALD T. McCOLL
WILLAND M. HOXSIE (SEAL)
LUCY A. HOXSIE (SEAL)
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594
STATE OF RHODE ISLAND)
) ss.
County of Washington )
In Charlestown on the 5th day of October A. D. 1934, before me personally
appeared Lucy A. Hoxsie and Willard M. Hoxsie, to me known and known by me to be the
parties executing the foregoing instrument, and acknowledged said instrument, by them
executed, to be their free act and deed.
My Commission expires June 30, 1936. FRANK E. NICHOLS
Notary Public.
Received for record October 5th, A. D. 1934 at 4:55 o'clock, p. m., and
recorded by
[Signature]
Town Clerk.
RI 1-C15-58 DISCHARGE June 7, 1946
The debt secured by the within mortgage having been paid and satisfied in full, said
mortgage is hereby discharged this 7th day of June, 1946.
THE FEDERAL LAND BANK OF SPRINGFIELD (Corporate Seal)
By Eugene F. Kane
Eugene F. Kane, Assistant Treasurer
In Presence of
B. B. Welch
Above discharge received for record July 1st, A. D. 1946 at 4:25 o'clock, p. m., and
recorded by
[Signature]
Town Clerk