Mortgagor und whomso- Covenant by mortgagor for surance. To the mortgagee and purchasers, &c. sales, mortgages, uses, trusts, statutes, judgments, MORTGAGES recognizances, estates, rights, titles, charges, incumbrances, or liens whatsoever; AND moreover, that he the said (mortgagor) and his heirs, and all and every other persons whomsoperson and ever, now or at any time or times hereafter having or lawfully or equitably claiming any estate, right, title, trust, or interest, at law or in equity, in, to, or concerning the several messuages, lands, tenements, hereditaments, and premises, hereinbefore appointed, granted, and released, or otherwise assured as aforesaid, or intended so to be, or any part thereof, shall and will, from time to time, and at all times hereafter, until sale thereof under or by virtue of these presents, at the request of the said (mortgagee) his heirs or assigns, but at the proper costs and charges in the law of himself the said (mortgagor) his heirs, executors, or administrators, make, do, and execute, and cause and procure to be made, done, and executed, although no default shall have been made in payment of the said principal and interest money hereby secured, all and every such further and other lawful and reasonable conveyances and assurances, and other acts, matters, and things whatsoever, for the further, better, and more perfectly or satisfactorily appointing, releasing, conveying, and assuring the same hereditaments and premises, or any part thereof, with their appurtenances, unto and to the use of the said (mortgagee) his heirs and assigns, upon and for the trusts and purposes aforesaid; and in case of, and after any default shall be made Mortgagor and with Trust for Sale. MORTGAGES in payment thereof, then for the better enabling him and them to make sale and dispose of the said Dotter Trustee, hereditaments and premises, or any part thereof, as by the said (mortgagee) his heirs or assigns, or his or their counsel learned in the law shall require; AND also shall and will (if thereunto required by the said (mortgagee) his heirs or assigns) at the costs and charges of him and them, join in any such sale or sales as aforesaid, and enter into all usual covenants with the purchaser or purchasers of the said hereditaments, or any part thereof, his or their heirs or assigns, for the quiet enjoyment as against him the said (mortgagor) and his heirs and other persons claiming under him or them, and for further assurance by him and them of the hereditaments which shall be so sold. AND, &c. (1). PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, so far as they are respectively interested, that it shall be lawful for the said (mortgagee) his heirs, executors, administrators, or assigns, by and out of the monies which by virtue of these presents shall come to his or their hand or hands, to deduct, retain, and reimburse himself and themselves all such reasonable costs, charges, damages, and expenses, as he or they shall from time to time pay, sustain, expend, or be put or be liable unto, in or about the execution of the trusts hereby in him or them reposed Provisos for mortgagor's indemnity as trustce. Enjoyment till default. (1) Here may be added an agreement, that the mortgagor shall enjoy till default, as ante, p. 451. 576. or vested. Mortgagor and Dower Trustee, with Trust for Sale. AND ALSO that he the said (mortgagee) MORTGAGES his heirs, executors, administrators, or assigns, shall not be charged or chargeable with, or accountable for any other sum or sums of money than such as shall actually come, or unless by his or their wilful default might or would have come to his or their hand or hands by virtue of these presents; and that he or they shall not be charged or chargeable with or for any loss which may happen to the said trust monies by failure of tenants or others, or in or by placing the same in any bank or banker's hands for safe custody, nor with or for any other loss or damage which shall or may happen to the same, or to the said hereditaments, in or about the execution of any the trusts of these presents, unless by or through his or their wilful default or negligence. IN WITNESS, &c. ** See various clauses, provisos, &c. to be inserted when Additional required by the parties, or the circumstances of the title, as ante, clauses, &c. p. 452. MORTGAGES Mortgagor and Dower Trustee, by Demise. No. XXX. Mortgage by Demise (1) of Freehold Lands, &c. from the Owner of the Inheritance and his Trustee for barring Dower. Variations where Part of the Estate is Copyhold. Where there is a Trust or Power for Sale on Default. Recitals. gagor) of, &c. gagor's trustee) of, &c. BETWEEN (the mort of the first part, (the mort and (the mortgagee) of, &c. of the second part, of the third part. WHEREAS, &c. (2) AND WHEREAS the said (mortgagor) having occasion for the sum of £ Notes, &c. Brevity. Recitals. (1) Of a mortgage by demise, see ante, No. V. p. 133, notes; also INTRODUCTION. * If brevity be particularly desired, the words within brackets may be omitted throughout the precedent. (2) Recite here the conveyance to the mortgagor and his trustee, as ante, p. 609. ap Mortgagor and Dower Trustee, by Demise. hath agreed with the said (mortgagee) for the loan MORTGAGES to him thereof (1) at interest, to be secured by the bond (2) of the said (mortgagor), and such pointment, conveyance, and assurance by way of demise of the said lands and hereditatments as hereinafter is expressed (3). [AND WHEREAS the said (mortgagor) hath in pursuance and part performance of the said agreement, by his bond or obligation in writing, bearing even date herewith, become bound to the said (mortgagee) in the penal sum of £ conditioned to be void on payment of the said sum of £ with interest after the rate of £5 per cent. per annum, at the time and in the manner in the said condition and hereinafter also mentioned.] NOW THIS INDENTURE WITNESSETH, WITNESS, that that in further pursuance of the said agreement, of the money and in consideration of the sum of £ of lawful current money (4) of that part of the United Kingdom of Great Britain and Ireland called England, to the said (mortgagor) in hand well and truly paid by the said (mortgagee) at or before the sealing and delivery of these presents, in consideration lent. (1) If the loan be of money in the funds, or other than money Loan of stock, paid down, see ante, No. IV. p. 65, notes. &c. (2) As to a bond being taken by the mortgagee, see ante, Bond. No. III. p. 32, n. (1). (3) If part of the premises be copyhold, and the mortgagor Copy holds. have obtained a licence for demising them, see ante, No. V. p. 136, n. (2). (4) If the consideration be a transfer of money in the funds, Loan of stock. or other than money paid down, see ante, No. IV. p. 66, n. (4). |