6/5/1935 · MORTGAGE · book 26 page 86 doc 9638

86 KNOW ALL MEN BY THESE PRESENTS: That I, F. SAMUEL NARDONE, of the Town of Westerly, in the County of Washington and State of Rhode Island, (hereinafter called the mortgagor) in consideration of Twenty-four Thousand ($24,000.00) Dollars to me paid by THE WASHINGTON TRUST COMPANY, a Corporation legally incorporated and established and transacting business in the Town of Westerly, County of Washington and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said The Washington Trust Company, its Successors and Assigns, forever, The following parcels of land, together with the buildings and improvements thereon and the appurtenances thereto belonging, located partly in said Town of West- erly and partly in the Town of Charlestown in said County of Washington: (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 entirely within the bounds of South Kingstown, Colony, Property of F. Samuel D. Gaven, in the Town of Westerly, Rhode Island, 1912, the scale of said maps being 1 inch to 80 feet, by George F. Woodward, and filed September 15, 1912 and February 15, 1915, in the office of the Town Clerk of Westerly, Rhode Island, as follows: Lots 1 to 10, 11 to 20, 21 to 30, 31 to 65 respectively; Lots 9 numberd 14 to 14, inclusive, 17 to 20 inclusive, 31 to 34 in- clusive, 41 to 44 inclusive, 47 to 50 inclusive, 53 to 56 inclusive, 59 to 62 inclusive, also Lots 17 to 28, 39, inclusive, 57 to 68, inclusive, in Section II on said map also Lots 1 to 10, 11 to 20, 21 to 30, 31 to 40, 41 to 50, 51 to 60, 61 to 70, 71 to 80, 9 to 28 inclusive, 49 to 68 inclusive, in Section IV on said map also Lots 7 to 10, inclusive, 15 and 20 to 24 inclusive, 28 to 32 inclusive, 35 to 39 inclusive, 50 to 54, 58 to 61, 64 to inclusive, 67 to 72, 76 inclusive, 77 to 80, inclusive, in Section V on said map also Lots 1 to 10, 11 to 20, 21 to 30, 31 to 40, 41 to 50, 51 to 60, inclusive, in Section VI on said map also Lots 17 to 28, 35, 36, 75 and 76 in Section VII on said map also Lots 1 to 10, 11 to 20, 21 to 30, 26 to 28, 35, 36, 41, 47, 48 53 and 54, 63 to 66, inclusive, 71 and 72, 77 to 80, inclu- sive, in Section VIII on said map also Lots 1 to 10, 11 to 20, 21 to 30, 31 to 40, 41 to 50, Section X on said map also Lots 61 to 80, inclusive, in Section XI on said map also Lots 1 to 10, 11 to 20, 21 to 30, 31 to 40, 41 to 50, 51 to 60, 61 to 70, 71 to 80, 81 to 90, inclusive, in Section XIX on said map also Lots 1, 2, 4, 5, 8, 9 and 14, in Section XIV on said map also Lots 1 to 10, 11 to 20, 21 to 30, 31 to 40, 41 to 50, 51 to 70 inclusive, in Section XVII on said map also Lots 9 to 30 inclusive, in Section SVIII on said map also Lots 1 to 10, 11 to 20, 21 to 30, 31 to 40, 41 to 50, 51 to 60 inclusive, also map Lots 1 to 4, inclusive, 7 to 12, inclusive, in Section XX on said map also Lots 1 to 4 in Section XXI on said map also Lots 1 to 4, 5 to 8, 9 to 12 inclusive in Section XXII on said map also Lots 1 to 4, inclusive, in Section XXIII on said map also Lots 1 to 4, inclusive, in Section XXIV on said map. (b) Also, all ways, driveways, roads, lanes, parks, squares, groves, gardens, forests, including the Wynmemcpy Beach as shown on said map recorded map reference Book 14 page 65, partitioning such beach from the dunes and the waters of the ocean, dunes land north of the dunes and lying between the dunes and the waters of Lake Longbeach as shown on said maps, and including the beach and the lands lying between the beach and the ocean on the east side, and on a revised map of said properties entitled "Map of Shelter Harbor frontage wholly contained within the Town of Westerly, Rhode Island, and the Town of Charlestown, County of Washington of J. L. Estrey, i. r. conveyed by the Williams Map and by Squier Co., F. Samuel Nardone, owner, having extended the boundary line 400 feet to the east inch, which revised map is recorded in said Land Records of said Westerly State of Rhode Island. (c) Also certain lot of land with the buildings and improvements thereon lying, between the center line of the Rhode Brains Road, so-called, as delineated and shown on the adjoining map of said properties, and the shoreline of the ocean as marked on said map as "Private Property of Dr. Franklin Dawson." Said north line of Brains Road is also designated on the said map as "Brains Road" said map revised. (d) Also all riparian, shoreline, shore and water rights also all easements, rights and reser- vations of every kind and description, appurtenant to any of the property hereby conveyed. inclusive. (e) Also, a tract of land with the buildings and improvements thereon, lying north of the Post Road, aforesaid, generally known as the "Glen Bowering Farm," containing approximately one hundred and twenty acres, as delineated and shown on a map dated May 7, 1944 and recorded in the Land Records of said Town of Westerly, in Book No. 49 at page 13, which map and the references thereto are here incorporated as a part hereof for the purposes of a complete more description. Meaning and intent hereby and notice to the said Washington Trust Company, all such paintings and fixtures of the said buildings and improvements thereon, and all appur- tenances thereof, and rights therein, including all riparian, shoreline and shore rights, easements and reservations of every kind and description, whether or not heretofore distinctly described, formerly owned by the Williams Map and by Squier Co., F. Samuel Nardone, of the Shelter Harbor Country Club, as were heretofore acquired by said mortgagor by the following deeds viz: a visit (1) Elmer D. Browning, mortgagee, to Samuel Nardone, dated October 24, 1934 and recorded in said Jesterly Land Records in Book No. 55 page 572. (2) The Washington Trust Company, mortgagees, to F. Samuel Nardone, dated October 31, 1934 and recorded in said Jesterly Land Records in Book No. 55 page 577. (3) The Washington Trust Company, mortgagees (in deed from Shelter Harbor Corporation dated March 14, 1934) and the Washington Trust Company, Mortgagee of a Real Estate in said Town of Westerly in Book No. 19 page 64), to F. Samuel Nardone, of oven date herewith and to be recorded in said Jesterly Land Records.

87 (4) The Washington Trust Company, assignee of the mortgagees (in deed from Franklin D. Lawson to J. Daniel Davis, et als dated July 29, 1911 and recorded in the records of the Register of Real Estate in said Town of Westerly in Book No. 12 page 158), to F. Samuel Hardome, of even date herewith and to be recorded in said Westerly Land Records. TO HAVE AND TO HOLD the aforesaid premises, with their appurtenances, unto and to the use of the said The Washington Trust Company, its Successors and Assigns, "forever. And I, and the said mortgagor do hereby, for myself and for my heirs, executors and ad- ministrators, covenant with the said The Washington 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; that I have good right, full power and lawful authority to sell and con- vey the same in manner as aforesaid; that the said The Washington Trust Company, its Successors and Assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that I the said mortgagor will, and my heirs, executors and administra- tors shall, warrant and defend the same to the said The Washington Trust Company, its Successors and Assigns, forever, against the lawful claims and demands of all persons, and will also pay the moneys, taxes, assessments and other expenses hereby secured as hereinafter provided. And for the consideration aforesaid, I CONSIGLIA N. NARDONE, wife of said mortgagor, do hereby release all my right of dower and all other, right, statutory or otherwise, in and to the said granted premises unto the said The Washington Trust Company, its Successors and Assigns, forever. PROVIDED, NEVERTHELESS, that if said mortgagor, or his heirs, executors, administra- tors or assigns, shall pay unto the said The Washington Trust Company, its Successors or Assigns, the sum of Twenty four thousand ($24,000.00) Dollars at its Banking House in Six (6) months from the date hereof, with interest thereon, at the rate of six (%) per centum per annum, pay- able semi-annually until principal sum is paid, whether at or after maturity, and all in- stallments of interest in arrears, whether before or at after maturity, to bear interest the at rate aforesaid until paid; and shall also pay all taxes and assessments of every kind assessed or imposed on or in respect of said premises, or upon said The Washington Trust Company, its Successors or Assigns, in respect of this mortgage or mortgage debt, whether under statutes now in force or that by hereafter enacted, and shall maintain insurance on said premises as hereinafter provided and pay the premium therefor upon demand, all said payments to be paid in gold coin of the United States of the present standard of weight and fineness or its in equivalent at the several times of payment in currency of the United States, then this deed as also a promissory note whereby said mortgagor promises to pay the said The Washington Trust Company or order, the sum aforesaid with interest as aforesaid at the times aforesaid, shall be co- mplete and to become void to all intents and purposes whatsoever. BUT IF DEFAULT, shall be made in the payment of the said principal sum or of the interest at the times and in the manner aforesaid, or of the taxes or assessments aforesaid as the same shall 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 the said The Washington 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 or parts thereof, and the benefit and equity of redemption of the said mortgagor and of the said Consiglia M. Nardone, their heirs, executors and administrators and assigns therefrom, at public auction, and to bid for and become the purchaser at any such sale, and no other purchaser 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 newspaper published in said County of Washington, Rhode Island, with power to adjourn such sale from time to time, provided that the publication of said notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper;

88 and such sale to be upon the premises or elsewhere as specified in such notice; and in its or their own name or names, or as the attorney or attorneys of the said mortgagor and of the said Consiglia M. Nardone (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation), to make, execute and deliver to the pur- chaser or purchasers at such sale or sales, good and sufficient deed or deeds of the premises sold in fee simple; and to receive the purchase moneys, and to retain from all sums hereby secured, whether then payable or to become payable 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, 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 afore- said and all premiums for insurance, either therefore paid or to be paid by the said Washington Trust Company, its Successors or Assigns, or then remaining unpaid, rendering and paying the surplus of said purchase moneys, if any there be over and above and 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 mortgagor, his heirs, executors, administrators or assigns, which sale or sales shall forever be a perpetual bar both in law and equity against the said mortgagor, and the said Consiglia M. Nardone, and their heirs, executors, ad-ministrators and assigns, and all persons claiming said premises as said f.y, from, under or through any of them' And we the said mortgagor, and the said Consiglia M. Nardone for ourselves and for our heirs, executors, administrators and assigns, hereby covenant with the said The Washington 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 advis- able. And FURTHERMORE, the said mortgagor, for himself, and for his heirs', executors, administrators and assigns, hereby covenant with the said The Washington Trust Company, its 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 the said Company, its Successors and Assigns, shall approve, in a sum not less than Twelve Thousand ($12,000.00) Dollars or in such greater amounts as will prevent the operation of co-insurance clauses contained in such policies of insurance, and that the policy or policies of such insurance shall be assigned and transferred, or made payable in case of loss, to the said The Wash- ington Trust Company, its Successors and Assigns, as collateral security hereto, and in de- fault hereof agree that the said Washington Trust Company, its Successors or Assigns, may pay from time to time any premiums which may be necessary to maintain existing insurance or may effect new insurance; and the said mortgagor for himself and for his heirs, executors, administrators and assigns agrees to repay to the said The Washington Trust Company, its Successors or Assigns, upon demand any premiums paid by it or them, and if not repaid, the same shall be added to said principal sum and shall be a further charge upon said premises granted and secured by these presents, as aforesaid. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 4th day of January, A. D. one thousand nine hundred and thirty five. Signed, sealed and delivered in presence of JOHN J. DURK F. SAMUEL NARDONE (SEAL) CONSIGLIA M. NARDONE (SEAL)

89 STATE OF RHODE ISLAND) County of Washington ) ss. In Westerly on the 4th day of January, A. D. 1935 before me personally appeared the above named grantors, F. Samuel Nardone and Consiglia M. Nardone, both to me known and known by me to be the parties executing the fore-going instrument, and severally acknowledged said instrument, by them executed, to be their free act and deed. JOHN J. DUNN Notary Public. Received for record June 5th. A. D. 1935 at 11-10 o'clock, a. m., and recorded by [Signature] Town Clerk. THE WASHINGTON TRUST COMPANY in the Town of Westerly, County of Washington, State of Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Records of {Westerly} [blank] in Real Estate Mortgage Book Number {Charlestown, R. I.} [blank] p 67 Page 19 No 86, 87, 88, 89 does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Company has caused these Presences to be signed and its Corporate Seal to be hereunto affixed by its Treasurer duly authorized, this 15th day of October A. D. 1936. Signed and Sealeded in presence of James W. Shaw THE WASHINGTON TRUST COMPANY (L.S.) By Alfred C. Baker, Treas. Received for record June 19th, A. D. 1952 at 1:12 o'clock, p. m., and recorded by [Signature] Town Clerk