OF REVFR SIONARY INTEREST IN PER father and mother of mortgagor to pay the interest in case of default. requiring the same, make and perfect, or cause to be made and perfected, all such further and other lawful and reasonable acts, deeds, matters and things for the better and more effectually SONALTY assigning, assuring and confirming of the said part or share and premises hereby assigned or expressed and intended so to be, unto the said G. H., his executors, administrators and assigns, and also for enabling him and them to receive, recover and enforce the payment of the same respectively to and for his and their own use and benefit, according to the true intent and meaning of these presents, as by the said G. H., his executors, administrators or assigns, or his or their counsel, Covenant by shall be devised, advised and required: AND, IN PURSUANCE OF THE SAID AGREEMENT in this behalf, he the said C. D. DOTH hereby for himself, his heirs, executors and administrators, and as a separate covenant, and with the view and intention of binding her separate estate, the said E. F. DOTH hereby for herself, her heirs, executors and administrators, covenant with the said G. H., his executors, administrators and assigns, that in case and as often as the said A. B., his heirs, executors, administrators or assigns shall neglect or fail to pay the interest on the said sum of £, or any part thereof, for the space of fourteen days next after the respective days hereinbefore appointed for payment of such interest, they, the said C. D. and E. F. his wife, or one of them, or the heirs, executors or administrators of them, or one of them, shall and will well and truly pay, or cause to be paid, the interest on the said sum of £—— or so much of such interest, as the said A. B., his heirs, executors, administrators or assigns, shall so for the time being have neglected or failed to pay, AND SHALL AND WILL make such several payments without any deduction or abatement whatsoever, except the present and any future property and income tax, according to the true intent and Mortgagee to meaning of these presents: PROVIDED ALWAYS, AND IT IS able only for HEREBY AGREED and declared, that the said G. H., his executors, administrators or assigns shall be charged and chargeable for such monies only as he or they respectively shall actually receive by virtue of these presents, and shall not be answerable or accountable for any banker, broker or other person or persons with whom or in whose hands all or any be answer monies which he may actually re ceive. SIONARY INTEREST IN PER part or parts of the said monies hereby made payable to him OF REVerand them shall be placed for safe custody or otherwise, or for any misfortune, loss or damage which may happen in the execution of the trusts and provisions aforesaid, or in relation SONALTY. thereto, unless the same shall happen by or through his or their own respective wilful act or default. [Power of sale not to prevent foreclosure, supra, p. 203. Mortgagee not to be obliged to call for or enforce payment of any part of the property hereby assigned, supra, p. 233]. IN WITNESS, &c. No. LI. ASSIGNMENT by way of MORTGAGE of a MORTGAGE MORTGAGE day of day of ور BETWEEN OF A MORT- AND THE assignment THIS INDENTURE, made the A. B., of &c. [mortgagor], of the one part, and C. D., of &c. Parties. [mortgagee], of the other part: WHEREAS by an indenture Recite bearing date the and made or expressed to of shares to be made between G. H., of &c., of the one part, and the said mortgagor by way of C. D. of the other part, in consideration of the sum of £1000 mortgage. to the said G. H. paid by the said A. B., ALL those 400 shares in the Royal Copper Mines of numbered from to both inclusive (of which he the said G. H. was then or immediately before the execution of the indenture now in recital the proprietor, and the certificates of which said shares had before the execution of the indenture now in recital been delivered to him the said A. B., and were then in his custody or possession), were assigned and transferred by the said G. H. unto the said A. B., his executors, administrators and assigns, upon trust for securing the payment of the sum of £1000, together with interest thereon after the rate of £4 per cent. per annum, at the time and in manner hereinafter men GAGE DEBT Mortgage money still said assignment. sing part. Consideration. Mortgagor assigus, MORTGAGE tioned, and for that purpose, in case default should be made OF A MORT in payment of the whole or any parts of such sum and interest, AND THE upon certain trusts for sale as in the indenture now in recital SECURITIES. is mentioned, with an ultimate trust in favour of the said G.H., his executors, administrators and assigns: AND WHEREAS due on afore- the said sum of £1000 is still due and owing to the said A. B. from the said G. H. on the aforesaid security, as he the said Agreement A. B. doth hereby admit and declare: AND WHEREAS the said for mortgage. C. D., having occasion for the sum of £500, hath applied to and requested him the said A. B. to advance him the same, which he the said A. B. hath agreed to do, on having the repayment thereof, together with interest thereon after the rate hereinafter mentioned, secured in manner hereinafter First witnes- mentioned. NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agreement, and in consideration of the sum of £500 to the said A. B. paid by the said C. D. on or immediately before the execution of these presents, [the receipt, &c.], the said A. B., by these presents, doth assign, transfer and set over unto the said C. D., his executors, administrators and assigns, ALL THAT sum of £1000 secured by the said recited indenture of the day of hereinbefore mentioned, and all interest now due and henceforth to become due for the same sum, and all covenants and other securities whereby the same sum and interest, or any part thereof respectively, are or is secured, and the full benefit and advantage of the said premises hereby assigned, or expressed and intended so to be: AND ALL THE RIGHT, title, interest, possibility, property, claim and demand whatsoever, both at law and in equity, of him the said A. B. in, to, out of or upon the said sum of £1000, and the interest thereof, and other the premises hereinbefore assigned or expressed and intended so to be: TO HAVE, HOLD, RECEIVE AND TAKE the said sum of £1000, and all interest due and to become due for the same, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said C. D., his executors, administrators and assigns, subject nevertheless to the proviso for redemption hereinafter contained: Second wit- AND THIS INDENTURE ALSO WITNESSETH that, in mortgage debt, to mortgagee. nessing part. further pursuance of the said agreement and for the conside as rations aforesaid, he the said A. B., by these presents, doth assign, transfer and set over unto the said C. D., his executors, administrators and assigns, ALL THOSE 400 shares in the Royal Copper Mines of -, numbered from MORTGAGE OF A MORT- by mort to, both in- SECURITIES. clusive, comprised in and assigned by the said recited indenture Assignment of the day of as aforesaid, and all and singular the gagor, present and future dividends and profits of the same shares and of shares, every of them, [and all the estate, &c.]: TO HAVE, HOLD, RECEIVE AND TAKE the said 400 shares hereinbefore assigned, or expressed and intended so to be, and all privileges and advantages belonging to them, or any of them, unto the said C. D., his to mortexecutors, administrators and assigns, subject nevertheless to such right, title or equity of redemption (if any), and with such powers of selling and disposing of and transferring or otherwise assuring the same shares, as the same are subject or liable to, or as may be exercised over the same under or by virtue of the said recited indenture of the gagee. day of and also subject to the proviso for redemption hereinafter contained: [Power of attorney as to the said sum of money, interest, shares and premises, supra, p. 261]: PROVIDED Proviso for ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that if the said A. B., his heirs, executors, administrators or assigns, shall on or before the day of redemption. MORTGAGE GAGE DEBT AND THE Powers granted to case of de the time being be subsisting therein under or by virtue of the OF A MORT said recited indenture of the day of, yet nevertheless, as to all the premises, free from all incumbrances whatsoever SECURITIES. made, done or committed by the said C. D., his executors, administrators or assigns, so that for the making of such reassignment, delivery and release he or they shall not be compellable to go from the place or places where he or they shall then dwell or be: [Covenant by A. B. for payment of principal and interest, supra, p. 199]: PROVIDED ALWAYS, and it is hereby mortgagee in further agreed and declared between and by the parties to these presents, that in case default shall be made in payment of the principal monies and interest hereby secured, or intended so to be, or any part thereof respectively, contrary to the proviso or agreement for that purpose hereinbefore mentioned, then and in such case it shall be lawful for the said C. D., his executors, administrators or assigns, at any time or times thereafter, at his or their uncontrolled discretion, to exercise the power or trust for sale of the said 400 shares and all and singular other the powers, trusts and provisions of the said Covenant by recited indenture of the day of - AND THE SAID fault. mortgagor, that mortgage debt is still due. mises, A. B. for himself, his heirs, executors and administrators, doth hereby covenant with the said C. D., his executors, administrators and assigns, in manner following (that is to say): THAT the said sum of £1000 is still due and owing from the said G. H. to the said A. B., and that he the said A. B. now hath For right to in himself good right, full power and absolute authority to assign the said sum, interest, securities, shares and other things of whatever description hereby assigned, or expressed and intended so to be, unto the said C. D., his executors, administrators and assigns, in manner aforesaid and according to the true intent and meaning of these presents: AND ALSO that it shall be lawful for the said C. D., his executors, administrators and assigns, from time to time and at all times hereafter, for quiet en- peaceably and quietly to have, hold and enjoy the said several premises, and to receive the interest, dividends and annual produce thereof respectively, without any let, suit, trouble, eviction, claim or demand whatsoever of or by the said A. B., his executors, administrators or assigns, or any other person or persons whomsoever having or lawfully claiming, or who joyment. |