COPY HOLDS. enjoyment further as heirs and assigns, at any time or times thereafter, peaceably and quietly to hold, possess and enjoy the said hereditaments and premises, and to receive the rents and profits thereof, and For quiet of every part thereof, to and for his and their own use and after default, benefit, without any let, suit, trouble, eviction, claim or demand of or by the said A. B., or his heirs, or by any other person or persons: AND THAT FREE and clear, and freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged, or otherwise by the said A. B., his heirs, executors and administrators, well and sufficiently saved, defended, kept harmless and indemnified, of, from and against all estates, titles, troubles, charges, debts and incumbrances whatsoever, other than and except the rents, fines, heriots, suits and services, therefore due, and of right accustomed: AND FURTHER THAT HE and for THE SAID A. B. and his heirs, and all other persons having or surance. claiming, or who shall or may have or claim any estate, right, title or interest, at law or in equity, in, to, or out of the said hereditaments and premises hereby covenanted to be surrendered, or any of them, or any part thereof, shall and will, from time to time, and at all times hereafter, upon the request, and at the costs and charges of the said C. D., his heirs or assigns, until the same shall be sold under the power of sale hereinafter mentioned, and after the same shall be so sold, of the person or persons requiring the same, make and perfect, or cause to be made and perfected, all such further and other lawful and reasonable acts, deeds, things, devices, surrenders and assurances in the law whatsoever, for the further, better, more perfectly and absolutely surrendering, and assuring of the said hereditaments and premises hereby covenanted to be surrendered, and every part thereof, to the use of the said C. D., his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents, as by the said C. D., his heirs and assigns, or his or their counsel in the law, shall be reasonably devised, advised and required: PROVIDED For quiet ALWAYS, and it is hereby further agreed and declared between by mortgagor and by the said parties to these presents, and the true intent and meaning of them and of these presents nevertheless further is, that it shall be lawful for the said A. B., his heirs and assigns, peaceably and quietly to have, hold, occupy, possess P enjoyment until default. COPY. HOLDS. and enjoy, all the said lands, hereditaments and premises hereby covenanted to be surrendered, or expressed and intended so to be, with their appurtenances, and receive the rents, issues and profits thereof, for his and their own use, until default shall be made in payment of the said sum of £, or the interest thereof, or any part thereof respectively, contrary to the aforesaid proviso or agreement for payment of the same, and the true intent and meaning of these presents, without any let, suit, trouble, eviction, claim or demand whatsoever, of or by the said C. D., his heirs or assigns, or of or by any other person or persons whomsoever, lawfully claiming or to claim by, from, under or in trust for him, them, or any of them: [Power of sale in case of default, see supra, p. 201.—Declaration of trust as to monies arising from the sale. Power of sale may be exercised by any person who can give a discharge for mortgage debt. Power of sale not to deprive mortgagee of right to foreclosure, see supra, p. 203]. IN WITNESS, &c. A. B. of &c. [mortgagor], of the one part, and C. D. of &c. [mortRecite inden- gagee], of the other part: WHEREAS by an indenture of lease, ture of lease. bearing date the day of, and made or expressed to be made between G. H. of the one part, and the said A. B. of the other part, for the considerations therein mentioned, all &c. [parcels as contained in the lease], and their respective appurtenances were demised by the said G. H. unto the said A. B., executors, administrators and assigns, from the then last past for the term of day of his years, at the yearly rent of £—, and under and subject to the covenants, conditions and Agreement agreements in the said indenture of lease contained. AND for mortgage. WHEREAS the said A. B., having occasion for the sum of £ part. LEASE HOLDS. parcels. hath requested the said C. D. to advance and lend him the same, which he the said C. D. hath agreed to do on having the repayment thereof, and the interest thereof at the rate hereinafter mentioned, secured in manner hereinafter mentioned. NOW THIS INDENTURE WITNESSETH that Witnessing in pursuance of the aforesaid agreement, and in consideration of the sum of £ to the said A. B. paid by the said C. D., on or immediately before the execution of these presents, the receipt whereof he the said A. B. doth hereby admit and acknowledge, and of and from the same and every part thereof doth acquit, release and discharge the said C. D., his heirs, executors, administrators and assigns for ever by these presents, he the said A. B. by these presents doth demise and lease unto Demise of the said C. D., his executors, administrators and assigns, ALL AND SINGULAR the messuage or tenement, piece or parcel of land, hereditaments and premises comprised in and demised by the said recited indenture of lease, and the rights, easements and appurtenances to the said hereditaments and premises. respectively belonging. To HAVE AND TO HOLD the said messuage or tenement, piece or parcel of land, hereditaments and premises hereinbefore demised, or expressed and intended so to be, unto the said C. D., his executors, administrators and To mortassigns, for all the residue and remainder now to come of the said term of years (except the last ten days of the said term), subject to the proviso for redemption hereinafter contained: PROVIDED ALWAYS, and it is hereby agreed and declared Proviso for between and by the said A. B. and the said C. D., and the true intent and meaning of them and these presents nevertheless is, that if the said A. B., his heirs, executors, administrators or assigns, shall well and truly pay or cause to be paid to the said C. D., his executors, administrators or assigns, the sum of £, with interest for the same at the rate of £5 for £100 by the year, on the day of now next ensuing, without any deduction or abatement whatsoever out of the said sum of £ —, or the interest thereof, for or in respect of any present or future taxes, charges, assessments or imposition whatsoever (except the property or income tax), then and in such case the said C. D., his executors, administrators or assigns, shall and will at any time after such payment shall be so made as gagee. redemption. LEASE HOLDS. mortgagor, for right to demise, aforesaid, upon the request and at the costs and charges of the said A. B., his executors, administrators or assigns, assign the said messuage or tenement, piece or parcel of land, hereditaments and premises hereby demised and assigned, or otherwise assured, or expressed and intended so to be, unto the said A. B., his executors, administrators or assigns, or as he or they shall in that behalf order or direct, free from all incumbrances whatsoever, made, done or committed by the said C. D., his executors, administrators or assigns, so that for the doing thereof he, they, or any of them, be not compellable to go from the place or places where he or they shall then dwell or be [Covenants for the payment of the mortgage money and interest, Covenant by see supra, p. 199]. AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his executors, administrators and assigns, in manner following (that is to say), that he the said A. B. now hath in himself good right, full power, and absolute authority to demise the said messuage or tenement, piece or parcel of land and hereditaments hereby demised or expressed, and intended so to be, with their appurtenances, unto the said C. D., his executors, administrators and assigns in manner aforesaid, according to the true intent and meaning of these presents. AND ALSO THAT if default shall be made in payment of the said sum of £, or the interest thereof, or any part thereof respectively, contrary to the true intent and meaning of these presents, then and in such case it shall be lawful for the said C. D., his executors, administrators and assigns, at any time or times thereafter during the said term of years (except the last ten days thereof), into and upon all and every the said messuage or tenement, piece or parcel of land and hereditaments hereby demised, or expressed or intended so to be, peaceably and quietly to enter, and the same to have, hold, occupy, possess and enjoy, and to receive and take the rents, issues and profits thereof, to and for his and their own use without any lawful let, suit, trouble, interruption or disturbance whatsoever, of, from, or by the said A. B., his executors, administrators or assigns, or any other person or persons whomsoever, having or lawfully or equitably claiming, or who shall or may have or lawfully or equitably claim, any estate, right, title or interest for quiet enjoyment by mort gagee after default, LEASE HOLDS. cumbrances, assurance, in, to, or out of the said hereditaments and premises hereby demised or expressed, and intended so to be, or any of them, or any part or parts thereof. AND THAT FREE and clear, and free from infreely and clearly and absolutely acquitted, exonerated, released and for ever discharged, or otherwise by the said A. B., his heirs, executors or administrators, saved, protected, kept harmless and indemnified of, from, and against all and all manner of former and other estates, titles, troubles, charges, debts and incumbrances whatsoever. AND, MOREOVER, that for further he the said A. B., and his executors and administrators, and all and every other persons and person having or lawfully or equitably claiming, or who shall or may lawfully or equitably claim any estate, right, title or interest of, in, to or out of the said hereditaments and premises hereby demised or expressed, and intended so to be, or any of them, or any part or parts thereof, shall and will from time to time, and at all times hereafter, upon the request of the said C. D., his executors, administrators or assigns, but at the costs of the said A. B., his heirs, executors, administrators or assigns, until the same shall be sold under the power of sale hereinafter contained, and after the same shall be so sold, of the person or persons requiring the same, make, do and execute, or cause to be made, done and executed, all such further and other lawful and reasonable acts, deeds, matters, things, devices, demises, and assurances in the law whatsoever for the further, better, more perfectly and absolutely demising and assuring of the said hereditaments and premises hereby demised or expressed, and intended so to be, with their appurtenances, unto the said C. D., his executors, administrators and assigns, for the remainder which shall be then to come and unexpired of the said term of years (wanting the last ten days thereof), as by the said C. D., his executors, administrators or assigns, or his or their counsel in the law shall be reasonably devised, advised and required. AND ALSO THAT the said A. B., for payment his executors, administrators or assigns, so long as any observance of principal money or interest shall be due and owing on the security of these presents, shall and will pay, observe and perform, the rent, covenants, conditions and agreements, by and in the said recited indenture of lease of the day of of rents, and covenants. |