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No. XLVII.

Mortgage of a Leasehold Ground Rent by the
Owner of the Freehold.

Variations where it is of a Rent reserved by an Under
Lease.

Where the Rent is reserved on a Building Lease.

Other Variations as in the Margin below (1).

MORTGAGES

Leasehold Rent.

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WHEREAS, &C. (Recital of lease, &c.) (2). AND Recitals.
WHEREAS the said (mortgagor) having occasion for

the sum of £

hath agreed with the said

(mortgagee) for the loan to him thereof, at in

(1) See also notes and variations, ante, Vol. III. No. XCIII.

p. 406, et seq.

* If brevity be particularly desired, the parts within brackets Brevity. may be omitted throughout the precedent.

(2) Recite here the lease by which the rent is reserved, and Recitals.

if such lease be an underlease, recite also the original lease. For

the form of a recital of a lease, see ante, No. XXXVI. p. 730, or ante, Vol. III. No. XCIII. p. 406.

MORTGAGES terest to be secured by the bond of the said Leasehold Rent. (mortgagor) and such assignment by way of mortgage of the said yearly rent or annual sum of

1

in consideration of the money

lent.

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£ as hereinafter is expressed. AND WHEREAS the said (mortgagor) hath executed a bond or obligation in writing, bearing even date herewith, conditioned to be void on payment of the said sum and interest at the time and in the WITNESS, that manner hereinafter mentioned. Now THIS INdenture witneSSETH, that in pursuance and execution of the said agreement, and for and in consideration of the sum of £ of lawful money 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 immediately before the sealing and delivery of these presents, the receipt whereof the said (mortgagor) doth hereby acknowledge, [and of and from the same doth fully and absolutely acquit, release, discharge, and exonerate the said (mortgagee) his executors, administrators, and assigns, by these presents and by the receipt or acknowledgment for the same sum hereupon indorsed,] and which said sum of £ is the same sum of £ as is mentioned in the condition of the hereinbefore in part recited bond, The mortgagor HE the said (mortgagor) HATH bargained, sold, assigned, transferred, and set over, and by these presents DoтH bargain, sell, assign, transfer, and set over unto the said (mortgagee) his executors, administrators, and assigns, ALL that yearly rent or annual sum of £ reserved and made pay

assigns.

The yearly rent of £

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able to the said (mortgagor) his heirs (1) or assigns, MORTGAGES in or by the hereinbefore in part recited indenture Leasehold Rent. of demise or lease, of the

day of

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or

mentioned or intended so to be, as in or by the same indenture is expressed, and all arrears (if any) of the same rent or annual sum which became due or payable from or after the day

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of now last past, together also with a coun-
terpart of the said in part recited indenture, and
the full benefit of all and every the covenants,
provisos, and agreements therein contained, for
payment of the rent thereby reserved, which on
the part of the said (lessee) his executors, admi-
nistrators, and assigns, are required or ought to
be observed, kept, or performed in respect of the
said yearly rent or annual sum of £
AND
all the estate, right, title, trust, property, posses-
sion, claim, and demand whatsoever, both at law
and in equity, of him the said (mortgagor) in, to,
or concerning the said yearly rent or annual sum
of £
; and all and all manner of benefit
and advantage of distress and entry, and all other
powers, authorities, and remedies reserved to or
otherwise vested in him the said (mortgagor) his
heirs and assigns (2), in and by the said indenture,

(1) If the rent be reserved on an underlease, say, "Executors, administrators, and assigns,”

Underlease.

(2) If the mortgagor be a lessee of the land, &c. for which Mortgagor a the rent is reserved, say,

"Executors, administrators, and assigns,"

instead of "heirs and assigns" throughout the assignment.

lessee.

Leasehold Rent.

MORTGAGES or otherwise howsoever, for receiving, recovering, or enforcing the payment thereof, or of any part thereof. TO HAVE, HOLD, receive, take, and enjoy the said yearly rent or annual sum of £

TO HOLD for residue of recited term.

hereby assigned, or mentioned or intended so to be, and all arrears (if any) thereof, unto the said (mortgagee) his executors, administrators, and assigns, from henceforth for and during all the resi due and remainder which is or may be now to come and unexpired of the said term of years, granted by the said hereinbefore in part recited indenture of the day of , in as full, ample, and beneficial a manner, to all intents and purposes, as he the said (mortgagor) now holds and enjoys, or heretofore held and enjoyed, or as he, his heirs or assigns, might or could have holden and enjoyed the same in case these presents had not been made, subject nevertheless to the proviso, condition, or agreement for redemption of the same hereinafter contained. AND for ceive the rent. the better enabling the said (mortgagee) his executors, administrators, and assigns to receive the said rent and premises hereby assigned, HE the said (mortgagor) HATH made, constituted, and appointed, and by these presents Doтн make, constitute, and irrevocably appoint the said (mortgagee) his executors, administrators, and assigns, the true, lawful, and proper attorney and attornies of him the said (mortgagor), for him and in his name, but to and for the proper use and benefit of him the said (mortgagee) his executors, administrators, and assigns, from time to time, and at all times here

Letter of attorney to re

after, during the now residue of the said term of MORTGAGES

years, subject only to the proviso for redemption hereinafter contained, to ask, demand, sue for, recover, and receive of and from the said (tenant) or other the tenant or occupier, or tenants or occupiers for the time being, of the said messuages or tenements and premises, upon or for which the same is so reserved as aforesaid, or any other person or persons whomsoever liable to pay the same, the said yearly rent and premises hereby assigned, or mentioned or intended so to be, as and when the same shall arise or become payable, [and upon receipt thereof or any part thereof, good and sufficient receipts, acquittances, and other proper discharges from time to time, to make and give for the same, as for or in the name or names of him the said (mortgagor) his heirs, executors, or administrators, or otherwise, as occasion shall require,] and upon nonpayment thereof or of any part thereof, in the name or names and in manner aforesaid, or otherwise, as shall be necessary or proper, to commence and prosecute all such actions, suits, and proceedings, and use, exercise, and enforce all such or the like powers of distress and entry, and other remedies, expedients, and legal or equitable ways or means for compelling payment of, and recovering the same, as he the said (mortgagor) his heirs, executors, or administrators might or could do or have done, in case these presents had not been made, with full and ample power and authority, from time to time to

Leasehold Rent.

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