No. I. good right to 16. AND ALSO that the said (mortgagor) now hath in himself good right, full power and lawful and absolute authority to grant, Mortgage of release, convey, assign, demise, surrender and assure the said Freeholds, &c. freehold, leasehold, and copyhold messuages and tenements, here- That he has ditaments and premises, unto and to the use of the said (mortgagee), convey, &c. his heirs, executors, administrators and assigns, according to the respective natures and qualities of the said premises in manner aforesaid, according to the true intent and meaning of these presents. incumbrances. 17. AND ALSO that the same premises shall be held and enjoyed For quiet enjoyment; accordingly, without let, suit, eviction, ejection, interruption, freedom from molestation or disturbance, of or by the said (mortgagor) or any person or persons whomsoever, AND THAT free from all incumbrances whatsoever. 18. AND MOREOVER that the said (mortgagor) and all persons For further rightfully claiming any estate or interest, legal or equitable, in the assurance. said freehold, leasehold, and copyhold messuages, tenements, hereditaments and premises, shall and will, from time to time and at all times during the continuance of this present mortgage security, make, do, acknowledge, enter into, execute and perfect all such further and other lawful and reasonable acts, deeds, devices, conveyances, surrenders and assurances in the law whatsoever, for the further, better, or more perfectly or satisfactorily conveying, assigning, demising, surrendering, assuring and confirming the said freehold, leasehold, and copyhold messuages and tenements, hereditaments and premises, unto and to the use of the said (mortgagee), his heirs, executors, administrators and assigns, according to the respective natures and qualities of the said premises and the true intent and meaning of these presents, as the said (mortgagee), his heirs, executors, administrators or assigns, or his or their counsel in the law, shall require. 19. AND ALSO, that the said (mortgagor), his executors, adminis- That mortgagor will pay rents trators or assigns, shall and will from time to time, and at all times and perform during the continuance of this present mortgage security, pay the covenants, &c. rents, and perform the covenants respecting the said leasehold messuages and premises set forth in the second and third schedules hereunder written, and which are reserved and contained in the No. I. said two hereinbefore recited leases, whereby the said premises. Mortgage of were originally granted and demised; AND ALSO shall and will pay Freeholds, fc. and discharge all payments and outgoings which now are or at any That mortgagor will insure one of the lives whereon the leaseholds are determinable. time hereafter shall be, payable in respect of the said copyhold hereditaments and premises set forth in the fourth schedule hereunder written, and shall from time to time, and at all times, keep harmless and indemnified the said (mortgagee), his heirs, executors, administrators and assigns, from all actions, suits, losses, costs, damages and expenses whatsoever, which he or they may incur, sustain, pay, or become liable to, for or on account thereof, together with interest for the same at the rate of 51. for every 100%. by the year, from the time at which such sums shall be so advanced. [INSERT power for mortgagee to effect renewals, ut ante, Section III., No. II., clause D., p. 168.] 20. AND ALSO, that the said (mortgagor), his executors, administrators or assigns, will, immediately upon the execution of these presents effect an assurance upon one of the lives whereon the said hereinbefore recited lease of the said messuages, tenements and premises comprised in the third schedule hereunder written is made determinable, in some respectable assurance office in England, to be approved of by the said (mortgagee), his executors, administrators or assigns, in the sum of 1,000l. or upwards; AND also, that the said (mortgagor), his executors, administrators or assigns, will, at his or their own costs, regularly pay the annual premium for keeping such policy on foot, as and when the same may become payable, so and in such manner as that one of the lives upon which the said lease is determinable may be constantly kept assured in the sum of 1,000%. at the least, during the continuance of this security; AND ALSO shall and will, immediately upon the payment of such premiums as aforesaid, deliver the proper receipts and vouchers for the same to the said (mortgagee), his executors, administrators or assigns. AND in case the said (mortgagor), his executors, administrators or assigns, shall at any time or times hereafter neglect to keep such policy on foot, or to produce such receipts or vouchers as aforesaid, it shall be lawful for, but not imperative upon, the said (mortgagee), his executors, administrators or assigns, to effect such assurance in such assurance office as the said (mortgagee), his executors, administrators or assigns, may No. I. think proper, either in the name of him the said (mortgagee), his executors, administrators or assigns, or in the name of the said Mortgage of (mortgagor), his executors, administrators or assigns, or of both Freeholds, &c. of them, and from time to time to keep one of the lives whereon the said lease is determinable assured, either from year to year, or for a longer period than a year, at his or their own discretion; AND also, that the said (mortgagor), his executors, administrators or assigns, will, upon demand thereof, pay unto the said (mortgagee), his executors, administrators or assigns, all such sum and sums of money as he or they may pay in or about such assurance or assurances, together with interest for the same, at the rate of 51. for every 1001. by the year, from the time at which such sums were so respectively paid; AND also, that the person whose life is so intended to be assured as aforesaid, shall and will, whenever thereunto requested by the said (mortgagee), his executors, administrators or assigns, as often as occasion shall require, attend personally at such office of assurance as aforesaid, or before some medical practitioner to be named or approved of by such office, and give information respecting his health, or otherwise, as shall be requisite for the purpose of effecting such assurance; AND all and every such sum and sums of money as shall be recovered or received upon or by virtue of such policy or policies of assurance so to be effected as aforesaid, shall be received by the said (mortgagee), his executors, administrators or assigns, and be applied first in discharge of the principal moneys and interest thereby secured, and all costs incurred in respect of this mortgage security, and subject thereto, IN TRUST, for the said (mortgagor), his executors, administrators and assigns. [INSERT covenant to insure against damage by fire, ut ante, p. 48, in notis, B.] all sums of respect of the 21. AND IT IS HEREBY EXPRESSLY DECLARED AND AGREED, Declaration that by and between the said parties to these presents, that all such money expended sum and sums of money as the said (mortgagee), his executors, by mortgagee in administrators or assigns, shall or may expend in respect of any mortgaged premises shall rents and covenants contained in any of the said hereinbefore re- be a further cited leases, or for the renewal of any leases thereof, or for insuring thereupon. charge any lives whereon the same leases or either of them are determinable, or insuring any of the said messuages and buildings on the said mortgaged premises, or any or either of them, against damage by No. I. Mortgage of Freeholds, &c. fire, or in any payments or outgoings in respect of the said copyhold premises as hereinbefore mentioned, with interest for the same, at the rate of 57. for every 1007. by the year, from the time or respective times from which the same shall be so advanced, shall be deemed and be to all intents and purposes a further charge upon the premises in respect of which such advances shall be made, and such premises shall not be redeemed nor redeemable, either at law or in equity, until all and every such sum and sums of money as shall be so paid and expended for all, any, or either of the purposes aforesaid, and interest at the rate aforesaid, shall be fully satisfied and discharged: but so, nevertheless, that the total principal moneys to be secured by these presents shall not exceed the sum of 6,000l. [HERE INSERT covenant that mortgagor shall enjoy until default, and that vendor will not exercise power of sale without giving six calendar months' previous notice to the mortgagor, ut ante, Section II., No. II., clauses 13 and 14, p. 49.] IN WITNESS, &c. No. II. MORTGAGE OF AN ESTATE IN FEE SIMPLE ABSOLUTE; A 1. Parties. 2. Recital that mortgagor is seised in fee of premises specified in first schedule. 3. Of disentailing assurance, by which base fee is created. 4. Of original lease of mortgaged premises. 5. Of mesne assignment and of ultimate assignment. 6. That mortgagor is entitled to railway shares. 7. Of application for loan. 8. That railway shares have been 11. Second habendum to mortgagee, for 13. Habendum to mortgagee 14. Declaration of trust. 15. Proviso for redemption. 16. Power of sale, restricting the 17. Covenant from mortgagor that he transferred into mortgagee's 18. For quiet enjoyment and freedom name. 9. Testatum: mortgagor conveys the freehold portion of the premises. 10. First habendum to mortgagee in fee simple in possession. from incumbrances. 19. To perfect the title of the entailed 20. Covenant by mortgagee for the 1. THIS INDENTURE, made the day of A.D., 18 Parties. |