No. IV. Transfer of of Leasehold Mortgage Premises which have been equity of redemption (if any) as is now vested in the said (mortgagor), his executors, administrators or assigns, by virtue of the said hereinbefore recited indenture: BUT SUBJECT to the powers of sale, and all and singular other the powers and authorities, trusts, intents and purposes in such indenture expressed and con- Mortgaged by tained as are now subsisting, AND THAT as fully and effectually Underlease, &c. to all intents and purposes as the said (transferror), his executors, administrators or assigns, could or might have exercised the same. way of 7. TO HAVE, HOLD, RECEIVE AND TAKE the said principal sum Habendum, mortgage debt. of 2,000l., and all and singular other the premises hereinbefore lastly expressed to be hereby assigned unto the said (transferree), his executors, administrators and assigns, as and for his and their proper moneys, chattels and effects absolutely and for ever. [INSERT power of attorney, ut ante, Section II., No. XVIII., clause 7, p. 130; ALSO covenant from transferror that he has done no act to incumber, ut ante, No. I., clause 6, p. 343, and covenants.* IN WITNESS, &c. If mortgagor is a concurring party, a fresh proviso for redemption and the other covenants applicable to a mortgage of leaseholds, ut ante, Section III., No. I., clauses 7, 8, pp. 160, 161, must be inserted here. No. V. TRANSFER OF MORTGAGE WHICH HAS BEEN EFFECTED BY A Parties. Recital of deed creating the mortgage, and whereby base fee was also created. 1. THIS INDENTURE, made the day of A.D. 185, BETWEEN (transferror), of, &c., of the first part, (mortgagor), of, &c., of the second part, and (transferree), of, &c., of the third part. day 2. WHEREAS by indenture of release dated the in the year 1845 (in pursuance of the act for rendering a of release as effectual for the conveyance of freehold estates as a lease and release by the same parties), between the said (mortgagor) of the one part, and the said (transferror) of the other part, and enrolled on the in the same year in the High Court of Chancery, the hereditaments and premises hereinafter described (and to which the said (mortgagor), was entitled as tenant day of in tail in remainder immediately expectant on the decease of (mortgagor's father), who, as tenant of the preceding life-estate, was protector of the settlement), were granted and released unto and to the use of the said (transferree), his heirs and assigns, subject to the estate for life of the said (father), and the estates, rights, titles, interests and powers, to take effect after, or in defeazance of the estate tail of the said (mortgagor), and also subject to a proviso for redemption and reconveyance, on payment by the said (mortgagor), his heirs, executors, administrators or assigns, unto the said (mortgagee), his executors, administrators or assigns, of the sum of 1,5007. and interest, at the time and in manner therein mentioned, but in payment whereof default was made. No. V. Transfer of Mortgage which has been effected by a without consent Tenant in Tail of Protector. gagor, for of protector, base fee. 3. AND WHEREAS the said (mortgagor), being unable at the That morttime of the execution of the now-reciting indenture to pass more want of consent than a base fee in the said hereditaments and premises, in conse- had only been quence of being unable to obtain the consent of the said (father) able to pass a as such protector as aforesaid, he the said (mortgagor), did thereby covenant with the said (transferror), his heirs, executors, adminis trators and assigns, that, when competent so to do, he or his issue in tail would execute such further assurances as should effectually bar all estates, rights, titles, interests and powers, to take effect after the determination or in defeazance of such estate tail of the said (mortgagor), so as to vest a good, sure, perfect and indefeasible estate of inheritance in fee simple in the said (transferror), his heirs, and assigns. 4. AND WHEREAS the said (father) died on the day of Of death of protector. 5. NOW THIS INDENTURE WITNESSETH, that in pursuance of Testatum. the said agreement, and in consideration of the sum of 1,500. sterling, this day paid by the said (transferree) to the said (transferror), (at the request and by the direction of the said (mortgagor), No.V. has been Tenant in Tail of Protector. testified by his being a party hereto and concurring herein), the Transfer of receipt of which, and that the same is in full for all principal Mortgage which moneys and interest due to him in respect of his said herein before effected by a recited mortgage security, the said (transferror) hereby acknowwithout consent ledges, and therefrom doth by these presents release, exonerate, and for ever discharge the said (transferree) his executors, administrator and assigns, and also the said (mortgagor), his heirs, executors, administrators and assigns, AND ALSO in consideration of the further sum of 250l. sterling, at the same time as aforesaid paid by the said (transferree) to the said (mortgagor), the receipt of which said sum of 250l., and payment of the said sum of 1,500%. in manner aforesaid, making together the sum of 1,750, the said (mortgagor) hereby acknowledges, and therefrom doth by these presents, release, exonerate and for ever discharge the said (transferree), his heirs, executors, administrators and assigns; HE the said (transferror) (at the request and by the direction of the said (mortgagor), testified as aforesaid), DOTH by these presents grant, release and convey, and for the purpose of barring, defeating and destroying all estates, rights, titles, interests and powers, to take effect after the base fee into which the estate tail of the said (mortgagor) was converted by the said hereinbefore recited indenture, and to confirm the title of the said (transferree) to the inheritance in fee simple in possession of the said hereditaments, HE, the said (mortgagor), DOTH by these presents grant, release, ratify and confirm unto the said (transferree) and his heirs, ALL, &c. [HERE DESCRIBE parcels, AND INSERT general words; all-estate clause; and all-deeds clause; ut ante, Section II., No. I., clause 5, p. 33.] transferree in fee absolutely Habendum to 6. TO HAVE AND TO HOLD the said (short general description), and all and singular other the premises hereinbefore described, discharged from and hereby granted, released and confirmed, with their appur all estates in remainder expectant on estate tail. tenances, unto the said (transferree) and his heirs, TO THE USE of the said (transferree), his heirs and assigns for ever, freed and discharged of and from all estates, rights, titles, interests and powers to take effect after the determination or in defeazance of the said estate tail, or base fee into which it was converted; AND ALSO freed and absolutely discharged from the proviso for redemption contained in the said herein before recited indenture, and all equity and right of redemption subsisting by virtue thereof, but subject nevertheless to the proviso for redemption, and the powers, provisoes, declarations and agreements hereinafter expressed and declared. [HERE INSERT proviso for redemption, power of sale in default, and foreclosure clause, ut ante, Section II., No. I., clauses 7, 8, and 9, pp. 33 to 37; ALSO covenant from transferror that he has done no act to incumber, ut ante, No. I., clause 6, p. 343.] mortgagor for payment of interest. 7. AND the said (mortgagor) doth hereby for himself, his heirs, Covenant from executors and administrators, covenant with the said (transferree), his heirs, executors, administrators and assigns, that he the said principal and (mortgagor), his heirs, executors or administrators, will pay or cause to be paid unto the said (transferree), his executors, administrators or assigns, the said sum of 1,750l. sterling, together with interest for the same, at the rate of 41. for every 1007. by the year, at the time and in manner hereinbefore appointed for payment thereof. [HERE INSERT covenant from mortgagor that he has good right to convey; for quiet enjoyment; freedom from incumbrances, and for further assurance, ut ante, Section II., No. I., clauses 12 to 15 inclusive, pp. 38, 39; ALSO covenant from transferree to indemnify transferror, ut ante, No. I., clause 9, p. 344.] transferree that default. 8. AND the said (transferree) doth hereby for himself, his heirs, Covenant from executors and administrators, covenant with the said (mortgagor), mortgagor shall his heirs, appointees and assigns, that until default shall be made enjoy until in payment of the said sum of 1,750l. and interest, at the time and in manner aforesaid, it shall be lawful for the said (mortgagor), his heirs, appointees and assigns, to hold and enjoy, and to receive and take, the rents, issues and profits of the said messuages or tenements, hereditaments and premises, hereby granted and released, without any let, suit, eviction, ejection, interruption, denial or disturbance of or by the said (transferree), his heirs, executors, administrators or assigns, or any other person or persons whomsoever rightfully claiming by, from, through, under or in trust for him or them. [HERE INSERT covenant from transferree not to exercise power of sale without notice, ut ante, Section II., No. I., clause 18, p. 40.] IN WITNESS, &c. |