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No. VII.

Mortgage of Copyholds

(mortgagee) to advance him the sum of £

on the security of

the said copyhold hereditaments and premises, which the said held for Three (mortgagee) has agreed to do.

Lives, fc.

Testatum, by which

mortgagor

covenants to surrender to mortgagee's

use, and in the meantime to

of copyholds for

4. NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of £ sterling paid by the said (mortgagee) to the said (mortgagor) on the execution hereof, the receipt of which the said (mortgagor) hereby acknowledges, and therefrom doth by these presents release and for ever discharge the said (mortgagee), stand possessed his heirs, executors, administrators and assigns, HE the said his benefit. (mortgagor) doth hereby for himself, his heirs, executors and administrators, covenant with the said (mortgagee), his heirs, executors, administrators and assigns, that he the said (mortgagor) will at his own costs, at or before the next general or other court to be holden in and for the said manor of B., or other the manor or manors whereof the said copyhold premises are holden, well and sufficiently surrender into the hands of the lord or lords, lady or ladies for the time being of the said manor, according to the custom or respective customs thereof, and otherwise well and effectually convey and assure to and to the use and behoof of the said (mortgagee), his heirs and assigns, ALL, &c. [HERE DESCRIBE parcels,] with their appurtenances, AND all the estate, right, title, interest, tenant-right and benefit of renewal, claim and demand whatsoever, of him the said (mortgagor), of, in, to, out of or upon the said copyhold hereditaments and premises, TO THE INTENT that the said (mortgagee), his heirs or assigns, may be lawfully admitted tenant of the said copyhold hereditaments and premises on the court rolls of the said manor, TO HOLD to him, his heirs and assigns for and during the lives of (names of the three lives), and of the lives and life of the survivors and survivor of them, at the will of the lord, according to the custom of the said manor of B., or other the manor or manors whereof the same copyhold hereditaments are now holden, subject to the customary rents, heriots, suits and services therefore due and of right accustomed; AND in the meantime until such surrender shall be perfected by the admission of the said (mortgagee), as tenant of the said copyhold hereditaments and premises, the said (mortgagor), his heirs and assigns, will stand seised or possessed of the said copyhold hereditaments and premises, IN TRUST, and for the sole benefit

Mortgage

held for Three Lives &c.

of the said (mortgagee) his heirs and assigns, SUBJECT NEVER- No. VII. THELESS to the proviso for redemption, and the powers, provisoes, declarations and agreements hereinafter declared and of Copyholds contained. [INSERT proviso for redemption, ut ante, No. III., clause 6, p. 204; power of sale in default, ut ante, Section III., No. I., clause 8, p. 160; ALSO covenant from mortgagor for payment of principal, interest and customary outgoings in respect of the mortgaged premises; that mortgagor has good right to surrender; and for quiet enjoyment and freedom from incumbrances, ut ante, No. III., clauses 7, 8 and 9, p. 205.]

assurance.

5. AND MOREOVER that the said (mortgagor) and all persons For further rightfully claiming any estate or interest in the said copyhold hereditaments and premises, will at all times during the continuance of this mortgage security, at the request of the said (mortgagee), his executors, administrators or assigns, but at the costs of the said (mortgagor), his heirs, executors, administrators or assigns, enter into, execute and perfect all such surrenders, admissions or other acts and assurances, for the more perfectly or satisfactorily assuring and confirming the said copyhold hereditaments and premises with their appurtenances, unto and to the use and for the benefit of the said (mortgagee), his heirs and assigns, for and during the lives of the said (names of lives), and the lives and life of the survivors and survivor of them, at the will of the lord, according to the custom of the said manor, subject to the customary rents, heriots, suits and services therefore due and of right accustomed, as the said (mortgagee), his executors, administrators or assigns, or his or their counsel in the law, shall require.

dropping of any one of the lives, mortgagor will

effect an

the life of one

6. AND LASTLY, that in case either of them the said (names of That upon the the three lives) shall happen to die during the continuance of this mortgage security, then the said (mortgagor), his heirs, executors, administrators or assigns will, as soon as conveniently may be assurance upon thereafter, effect a policy of assurance upon the life of one of the of the survivors. survivors in some respectable assurance office in England to be approved of by the said (mortgagee), his executors, administrators and assigns, in the sum of £

or upwards, to be paid on the

death of such survivor whose life shall be so assured as aforesaid; AND also, that the said (mortgagor), his executors, administrators

No. VII.

Mortgage

of Copyholds

held for Three

or assigns, will regularly pay the annual premium for keeping the said policy of assurance on foot whenever the same shall become payable, in such manner as that one of the lives upon which the Lives, &c. said lease is determinable, may be constantly kept assured in at least the sum of £ during the continuance of this security; and will also immediately after payment of the premiums as aforesaid deliver the proper receipts and vouchers for the same unto the said (mortgagee), his executors, administrators or assigns. [ADD power for mortgagee to renew policy in case of mortgagor's default, ut ante, Section III., clause F. to precedent No. II., p. 169. AND THEN ADD covenants from mortgagee that mortgagor shall enjoy until default, and that mortgagee will not exercise power of sale without giving mortgagee due notice, ut ante, Section II., No. II., clauses 13 and 14, p. 49.]

IN WITNESS, &c.

No. VIII.

DECLARATION OF THE USES OF A SURRENDER OF COPY-
HOLD PREMISES, WHERE PART OF THE PURCHASE MONEY
IS TO BE ALLOWED TO REMAIN UPON MORTGAGE,

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BETWEEN (mortgagor), of, &c., of the first part, (trustee), of, &c.

of the second part, and (mortgagee), of, &c., of the third part.

sale and

2. WHEREAS the said (mortgagor) has contracted with the said Recital of (mortgagee) for the absolute purchase of ALL THAT copyhold agreement for (describe parcels), and the inheritance thereof in fee simple, free mortgage. from all incumbrances, for the sum of £ treaty for the said purchase it was agreed that the part of the said purchase money, should remain mortgage of the same premises.

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and upon the

sum of 2501.,
secured upon

No. VIII. 3. AND WHEREAS in pursuance of the said agreement, and for Declaration the purpose of carrying the same into effect, the said (mortgagee) of the Uses of a at a court baron held in and for the said manor on the Surrender of Copyhold of Premises, &c.

Of surrender,

day

duly surrendered the said copyhold or customary hereditaments and premises with their appurtenances into the

and admission hands of the lord of the said manor, TO THE USE of the said

of trustees.

Testatum,
declaring
the trusts of
surrender and
admission.

Proviso for redemption.

(trustee), his heirs and assigns, who was then and there admitted tenant of the same premises, on the court rolls of the said manor, subject to the rents, heriots, fines, suits and services therefore due and of right accustomed.

,

4. NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of £ , part of the said purchase money, or sum of £ paid by the said (mortgagor) to the said (mortgagee) on the execution hereof, the receipt of which the said (mortgagee) doth hereby acknowledge, as also of the sum of £ the residue of the said purchase money, to be secured upon mortgage of the said copyhold or customary hereditaments and premises as hereinafter mentioned, it is hereby mutually declared and agreed by and between the said parties to these presents, that the said (trustee), his heirs and assigns, shall stand seised or possessed of the said copyhold or customary hereditaments and premises, with their appurtenances, UPON TRUST for the said (mortgagee), his heirs and assigns, subject to the proviso for redemption, and the powers, provisoes, declarations, and agreements hereinafter limited, declared and contained.

day of

5. PROVIDED ALWAYS, AND IT IS HEREBY DECLARED, that if the said (mortgagor), his heirs, executors, administrators or assigns, shall on the next pay unto the said (mortgagee), his executors, administrators or assigns, the sum of £ sterling, together with interest for the same, at the rate of £ for every 100l. by the year, on the

of

day

next, without deduction, then the said (trustee), his heirs or assigns, will, at the request and costs of the said (mortgagor), his heirs or assigns, at the next general or other court to be holden in and for the said manor, duly surrender the said copyhold hereditaments and premises into the hands of the lord or lords, lady or ladies, of the manor for the time being, TO THE USE of the

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