MORTGAGES Mortgagor to Mortgagee infee. The schedule referred to in the foregoing deed, to be in(Concise Form.) dorsed on the counterpart of the mortgage. Schedule, Receipt for deeds. A SCHEDULE of deeds and evidences of title delivered to the within named (mortgagee) upon the execution of the within written indenture : 8th Jan. 1740, Indenture of feoffment of this date, (and livery of seisin indorsed) expressed to be made between, &c. 4th and 5th April, 1751, Indentures of lease and release of these respective dates, expressed to be made between, &c. I do hereby acknowledge that the several deeds and evidences comprised in the above written schedule were delivered to me upon the execution of a mortgage to me for £ and interest, and of which the within is a counterpart, and I do hereby promise and undertake that the same shall be delivered uncancelled and unaltered (accidents by fire or otherwise excepted) to the within named (mortgagor) his heirs or assigns, or as he or they shall direct, upon payment by him or them of all principal and interest due on the said mortgage, at the time, in the manner, and according to the true intent and meaning of the within written indenture. AS WITNESS my hand the day and year first above written. (A) Assignment of Policy of Insurance against Fire (1), and Covenant to continue Insurance. See ante, p. 71, n. (8), p. 78, n. (16). MORTGAGES Mortgager to Mortgagee in fee. (Concise Form.) of insurance against fire. "AND WHEREAS the said (mortgagor) has caused the Recital of policy messuages or tenements, and buildings, hereby granted and released, or mentioned or intended so to be as aforesaid, and the furniture and other effects therein, to be insured against loss by fire in the insurance office, London, for the last past, term of seven years, from the day of in the sum of £ ; and it has been agreed by and between the said parties, that the policy of insurance thereof shall be assigned to the said (mortgagee) in the manner hereinafter mentioned, as a further security to him for the repayment of the said sum of L and interest. Now Further witness, the mortgagor assigns policy of THIS INDENTURE FURTHER WITNESSETH, that for the con- whereby the said messuages or tenements and buildings, hereinbefore granted and released, or mentioned or intended (1) As an assignment of a policy of insurance is held not to be in the nature of an agreement, nor to be transferred from one person to another, without the consent of the office, Sadler, Co. v. Badcock, 2 Atk. 554. Lynch v. Dayrell, 3 Br. P. C. 497; a covenant to insure is often inserted instead of such assignment, which see, post, rider (D). same. AND also all and every MORTGAGES So to be, were or are expressly to be insured by the said company against loss by accidental fire, to the amount of Mortgagor to £ the sum and sums Mortgagee in fee. (Concise Form.) of money which shall or may at any time be or become due and recoverable upon or by virtue thereof, with full power and authority, as the attorney and attorneys of him the said (mortgagor) his executors or administrators, to receive and give discharges for the same. And all the estate, right, title, and interest whatsoever of him the said (mortgagor) his executors, administrators, and assigns, in and to the TO HAVE AND TO HOLD, receive, take, and enjoy the said deed poll, instrument, or policy of insurance, together with all and every the sum and sums of money, at any time and from time to time to become due upon or by virtue of the same, and all and every other benefit and advantage to be had or derived therefrom, either at law or in equity, with such power and authority respecting the same as aforesaid, unto the said (mortgagee) his executors, administrators, and assigns, to and for his and their own proper use and benefit, SUBJECT nevertheless to such or the like equity or right of redemption as hereinafter is expressed with respect to other the premises hereinbefore mentioned to be hereby granted and released, or otherwise assured. AND further, that he the said (mortgagor) his executors or administrators, shall and will from time to time, and at all times after such default shall happen to be made as aforesaid, and so long as he or they shall have or be entitled to any equity or right of redemption of or in the said premises, at his and their own proper costs and charges, when and as often as the said policy of insurance hereinbefore mentioned or intended to be assigned shall be within one month of expiring renew the same, or otherwise again insure or cause to be insured the said messuages or tenements, buildings and premises, at the same or some other respectable office for insurance against fire, to be approved of by the said (mortgagee) his executors, administrators, or assigns, in the sum of £ least, for one other term or period of computed from the expiration of the said now or then existing policy, so and in such manner, that at all times here Subject to redemption. Covenant to keep the premises insured. at the years, to be after, until the said sum of £ and interest, and all MORTGAGES £ Mortgagor to Mortgagee in fee. (Concise Form.) And produce at the least; And shall and will from time to time, vouchers. at the reasonable request of the said (mortgagee) his executors, administrators, or assigns, produce and shew forth unto him and them the receipt and receipts, or other acquittances, vouchers or documents for such sum or sums of money as he the said (mortgagor) his executors or administrators shall have paid for effecting any such assurance. AND further, that he the said (mortgagor) his executors Will assign the or administrators, shall and will at the request in writing, new policy. under the hand of the said (mortgagee) his executors, administrators, or assigns, but at the costs and expense of him the said (mortgagor) his executors or administrators, well and effectually assign and make over such renewed or fresh policy or policies, and all benefit of the same, unto the said (mortgagee) his executors, administrators, or assigns, for the better securing the said sum of £ and interest, in the manner aforesaid, and according to the true intent and meaning of these presents. And in the mean time and until such assignment shall be made, the said policy of insurance, and all benefit and advantage to be had or derived therefrom, shall be and continue in trust for the said (mortgagee) his executors, administrators, and assigns, for the intents and purposes aforesaid. PROVIDED always, and it In default, is hereby further declared and agreed by and between the mortgagee may said parties, and particularly by him the said (mortgagor) that in case he the said (mortgagor) his executors or administrators, shall at any time refuse, decline, or neglect to insure or keep insured the said messuages or tenements, and premises, or any part thereof, or to produce and show forth the receipts or other acquittances, vouchers, or documents for the same after such request as aforesaid made to him or them in that behalf, it shall be lawful for the said (mortgagee) his executors, administrators, or assigns, to insure or cause to be insured the said premises in the said insure. MORTGAGES sum of £ Mortgagor to Mortgagee in fee. (Concise Form.) Sums paid by mortgagee to be a charge on the premises. Insurance money to be applied in dis gage. in the names of them the said (mortgagor) and (mortgagee) their respective executors, administrators, or assigns, and from time to time to keep the same insured, either from year to year, or for any longer period than a year, at his or their pleasure or discretion. And it is hereby declared and agreed, that the sum or sums which shall by him or them at any time or times be advanced or paid for or in respect of such insurance or insurances, together with interest for the same after the rate of £5 per cent. per annum, shall be chargeable upon the premises hereby assigned, as or by way of a further charge thereupon, and the said premises, or any part thereof, shall not be redeemed or redeemable until full payment and satisfaction shall be made, as well of the sum or sums which shall have been so advanced and paid for on account of such insurance or insurances, together with interest for the same after the rate aforesaid, as of the said sum of £ and interest. AND further, that in case the said messuages or tenements, and premises so charge of mort- insured, or any part thereof, shall be destroyed or damaged by fire, all and every the sum and sums of money which shall be received upon, or by virtue of the said policy or policies shall be laid out and expended in substantially rebuilding, or repairing the said messuages and premises, or such parts thereof, as shall be destroyed or damaged, unless the same shall be paid down by the said insurance office or company, and then and in such case the same shall be so laid out and expended, or be taken and received by the said (mortgagee) his executors, administrators, and assigns, (at his and their option and election), in or for payment and discharge of the said sum of £ and interest, and such other sum or sums as shall be then chargeable upon the said premises, or otherwise due or owing to him or them under or by virtue of these presents. AND for the purposes aforesaid, and for the better enabling the said (mortgagee) ceive insurance his executors, administrators, and assigns, to receive the sum or sums of money which shall at any time be due upon the said policy or policies, HE the said (mortgagor) Hath made, constituted, and appointed, and by these presents doth make, constitute, and appoint the said (mortgagee) his Power of attorney for mortgagee to re money. |