Undivided Moiety, &c. To hold to the mortgagee in fee-simple. MORTGAGES thereof, and which now are (1) or hereafter (2) shall or may be in the possession or lawful power of the said (mortgagor) his heirs or assigns, or of any person or persons from whom he or they can or may procure the same, without action or suit at law or in equity, and whether enumerated or mentioned in the schedule hereunder written or not (3). TO HAVE AND TO HOLD the said full and undivided moiety or half part (4) hereby granted and released, or otherwise assured, or intended so to be, of and in the said messuages, lands, tenements, hereditaments, and all and singular other the premises hereinbefore" and (5) in the said indenture of bargain and sale" described, [with all and every of the rights, members, privileges, appendances, and appurtenances to the same belonging,] unto the said (mortgagee) and his heirs, to and for the use and behoof of him the said (mortgagee) his heirs (6) and assigns for ever. SUBJECT never Remainder, &c. Demise. Schedule. Demise. Demise. (1) If the mortgage be of a remainder or reversion, see ante, No. IX. p. 217. (2) If the mortgage be by demise, add, 66 During the said term of five hundred years hereby demised." (3) See the form of this schedule, ante, p. 86. (4) If the mortgage be of a remainder or reversion, see ante, No. IX. p. 217. (5) If the mortgage be by demise, omit the words within inverted commas. (6) If the mortgage be by demise, make this part of the precedent accord with that circumstance, as ante, No. V. p. 139. Undivided demption. mortgagor for money. theless to the proviso, condition, or agreement/ MORTGAGES for redemption of the said premises hereinafter contained (1) (that is to say) PROVIDED ALWAYS Moiety, &c. nevertheless, and these presents are upon this ex- Proviso for repress condition, &c. (Proviso for redemption on payment of principal with interest) (2). AND the Covenant by said (mortgagor) for himself, his heirs, executors, payment of the and administrators, doth hereby covenant (3), promise, and declare, to and with the said (mortgagee) his executors, administrators, and assigns, in the manner following, (that is to say), &c. (Covenant to pay the mortgage money and in- Covenant by terest) (4). AND the said (mortgagor) doth hereby that he is in manner and form aforesaid further covenant, grant, and declare, with and to the said (mortgagee) his heirs, executors, administrators, and assigns, that he the said (mortgagor) (5) at the the mortgagor seised, &c. (1) If the wife of the mortgagor be a party, add here a cove- Wife. nant to levy a fine, for the form of which see post, No. XXI. If the premises consist principally of houses or other build- Insurance. ings, the mortgagor should insure previously to the execution of the deed, and assign the policy; see the form of such an assign ment, ante, No. IV. p. 87, (A). If any part of the lands be copyhold, a covenant to surrender Copyholds. them may be properly introduced here; see the form of such a covenant, post, No. XII. p. 278. (2) See ante, p. 71. (3) If the mortgagee is to have a power or trust for sale, in Power of sale. case of default being made in payment of the money at the time appointed, see ante, No. IV. p. 92, (B), 127, (R). (4) See ante, p. 76. (5) If the wife of the mortgagor be a party, make these co- Wife. venants accord with that circumstance, as post, No. XXI. Undivided Moiety, &c. MORTGAGES time of the sealing and delivery of these presents, is lawfully, rightly, and absolutely seised (1) in his demesne as of fee, in his own right, and to his own use, of and in the undivided moiety or half part, hereinbefore granted and released, or otherwise assured, as aforesaid, or mentioned or intended so to be, [of and in all and singular the messuages, lands, tenements, hereditaments, and premises hereinbefore described,] as of, in, and for a good, perfect, clear, absolute, and indefeasible estate of inheritance in fee-simple, in possession (2), without there being any trust, condition, power of revocation, or of limiting or declaring any new or other use or uses, or any other qualification, restriction, matter, or thing whatsoever, expressed or implied, which can or may revoke, determine, abridge, qualify, alter, charge, encumber, or prejudicially affect the same in any manner howsoever, (leases and agreements for Trustee. Copyholds. Co-tenant the mortgagee. Remainder, &c. If the mortgagor took his portion of the estate to himself and a trustee, see post, No. XXII. and if the mortgage be by demise, see ante, No. V. p. 144. If a part of the land be copyhold, make such additions to this and the subsequent covenants as will be found in those, post, No. XII. (1) If the mortgagee be a co-tenant of the mortgagor, he will probably, as deriving his title from the same source, be satisfied with covenants by the mortgagor, that he has done no act to encumber his moiety; and for quiet enjoyment and further assurance, without the usual covenants for the title. (2) If the conveyance be of a remainder or reversion, see ante, No. IX. p. 221. Undivided Moiety, &c. to convey. leases, of which the said (mortgagee) at or be- MORTGAGES fore the sealing and delivery of these presents, had notice, and the land tax and sewers' rate, if any, chargeable upon the said premises, only excepted). AND also, that he the said (mortgagor) And hath right now hath in himself full power, and lawful and absolute right and title to grant, bargain, sell, release (1), and assure the said moiety or half part, [of and in (2) all and singular the said hereditaments and premises, and the possession, reversion, and inheritance thereof,] unto and to the use and behoof of the said (mortgagee) his heirs and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents. AND further, that in case default shall That the morthappen to be made in payment of the said sum of £ or of the interest thereof, or of any part of the same respectively, contrary to the true intent and meaning of the proviso and covenant hereinbefore contained for payment of the same, then and from thenceforth it shall be lawful for the said (mortgagee) his heirs and assigns, [and he and they are hereby expressly authorized and empowered] peaceably and quietly to enter into and upon, and hold, possess, and enjoy the said moiety or half part, [of and in all and singular gagee may enter after default. (1) If the mortgage be by demise, make this and the fol- Demise. lowing covenant accord with that circumstance, as ante, No. V. p. 144, et seq. (2) If the mortgage be of a remainder, &c. see ante, No. V. Remainder, &c. p. 222. Undivided MORTGAGES the same hereditaments and premises, with their and every of their respective rights, members, priviMoiety, &c. leges, appendages, easements, and appurtenances,] and receive and retain the rents, issues, profits, and proceeds thereof, to and for his and their own use and benefit, without any manner of hindrance, interruption, disturbance, claim, or demand whatsoever, by or from the said (mortgagor) or his heirs, or any other person or persons whomsoever, free of expense, (other than persons claiming under or by virtue of any such leases or agreements for leases as aforesaid, so far as respects their respective estates or interests, under or by virtue of the same). AND that free and clear, &c. (free from incumbrances) (1). AND moreover, that he the said (mortgagor) and his heirs, and all and every person and persons, now or at any time hereafter rightfully claiming or having title to claim any estate, right, title, charge, or interest, at law or in equity, in, to, out of, upon, or respecting the undivided moiety or half part (2) hereby granted and released, or otherwise assured, or intended so to be, [of and in the said hereditaments and premises, or any part thereof, from, through, under, or in trust for him, them, or any or either of them, or the said (testator) deceased, (other than persons claiming, or entitled under or by Free from incumbrances. Covenant for further assurance. Remainder, &c. (1) See ante, p. 52. (2) If the conveyance be of a remainder or the like, see ante, No. IV. p. 224. |