FOR LIVES. cur in all acts lessees therein named and to be named, or their executors, leaseholes administrators and assigns, are or ought to be paid and performed, and shall and will from time to time and at all times hereafter save harmless and keep indemnified the said C. D. and E. F., their heirs and assigns, and also the said hereditaments and premises hereby granted, and every part thereof, from all actions, suits, distresses and other proceedings at law or in equity, costs, charges, damages and expenses by reason or in respect of such rents, and costs, or of any of them: AND and to conFURTHER, that he the said A. B., his heirs or assigns, shall and for renewal; will from time to time, so long as any principal or interest monies remain due or owing upon the security of these presents, on the death of any person or persons for whose life or lives the said leasehold premises shall for the time being be held, join and concur with the said C. D. and E. F., or the survivor of them, or the heirs of such survivor, their or his assigns, in all necessary or proper acts and deeds whatsoever, by surrender or otherwise, for obtaining a renewal of the subsisting lease for the time being of the said leasehold premises unto the said C. D. and E. F., their heirs or assigns, for a new life or lives, as the case may be, to be added to the lives or life which shall be then in being, but subject to the subsisting right or equity of redemption of him the said A. B., his heirs or assigns, under or by virtue of these presents: AND shall and will, at the option of the said C. D. and E. F., or the survivor of them, or the heirs of such survivor, their or his assigns, either take such renewed lease to himself the said A. B., his heirs or assigns, and immediately afterwards convey or otherwise assure the said leasehold premises unto the said C. D. and E. F., their heirs or assigns, or consent to such renewed lease being granted immediately to them the said C. D. and E. F., their heirs or assigns, subject to such right or equity of redemption as last aforesaid: AND ALSO that he the said A. B. shall and will pay the fine and all fees and other expenses of procuring or otherwise attending every such renewal of the said lease, and every such conveyance or assurance (if any) as aforesaid: AND THAT that if mortif for the space of three calendar months next after the dropping default mortof any life upon which the said now subsisting lease or any renew. U gagor make gagees may LEASEHOLDS renewed lease of the said leasehold premises is or shall be held, FOR LIVES, the said A. B., his heirs, executors, administrators or assigns, renewal to be borne by mortgagor, and to be charged on shall not make or concur in such renewal as aforesaid, it shall be lawful for the said C. D. and E. F., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, if they or he shall think proper, by surrender of the then subsisting lease of the said premises or otherwise, to obtain such renewal of such lease for the time being as aforesaid, subject to Expenses of such right and equity of redemption as aforesaid, and the said A. B. shall and will immediately thereupon pay and reimburse unto the said C. D. and E. F., their heirs, executors, administrators or assigns, such sum or sums of money as they shall have paid for the fine, fees, or other expenses in or about the procuring or otherwise attending every such renewal, together with interest for the same, at the rate of £5 per cent. per annum, to be computed from the time or respective times of the payment thereof: AND such sum or sums of money, with interest thereon as aforesaid, shall be charged and chargeable the premises, on the aforesaid leasehold premises, and such leasehold premises respectively shall not, nor shall any of them, be redeemable until payment shall be made unto the said C. D. and E. F., their executors, administrators or assigns, as well of such last mentioned sum or sums of money and interest, as of all other the principal and interest monies by these presents secured or intended so to be: PROVIDED ALSO and it is hereby further agreed and declared, that he the said A. B., his heirs, executors, administrators or assigns, shall not be at liberty to pay off the said principal sum of £ or any part thereof until the end of years, to be computed from the day of the date of these presents, unless the said C. D. and E. F., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, shall call in the same in the event of default being made by the said A. B., his heirs, executors, administrators or assigns, in payment of the interest of the said sum of £, at the times and in manner hereinbefore mentioned: AND IT IS HEREBY FURTHER AGREED AND DECLARED, that if the said A. B., his heirs, executors, administrators or assigns, shall well and truly pay or cause to be paid Provisions for not pay ing off principal sum, and for not calling it in. day of and the in every unto the said C. D. and E. F., their executors, administrators LEASEHOLDS and assigns, interest for the said sum of £ at the rate of FOR LIVES. £5 for every £100 by the year, by equal half yearly payments, on the day of year during the said term of years, or within the space of thirty days next after the same respective half yearly days of payment: THEN AND IN SUCH CASE they the said C. D. and E. F., their executors, administrators or assigns, shall not nor will call in, or in any manner endeavour to compel payment of the said principal sum of £- or any part thereof, nor bring, commence or prosecute any action, suit or other proceedings at law or in equity, either for obtaining the possession of the said mortgaged premises, or for foreclosing the equity of redemption thereof, or upon the said bond, bearing even date herewith, or any of the covenants hereinbefore contained, until the end of the said term of to be computed as aforesaid: BUT that if at any time during the said term of years default shall be made in payment of the said interest for the said principal sum of £ for the space of thirty days next after any such half yearly day of payment as aforesaid, then and in such case it shall be lawful for the said C. D. and E. F., their executors, administrators or assigns, to call in and compel payment of the said principal sum and the interest thereof, and to bring, commence or prosecute any action, suit or other proceeding in respect thereof, or upon any of the covenants, clauses and agreements hereinbefore contained, or upon the said bond bearing even date herewith, as they shall think proper or be advised: AND IT IS HEREBY FURTHER AGREED and declared that the said C. D. and E. F., their executors, administrators or assigns, shall not, either at the end of the said term of years or at any time afterwards, be obliged to accept the said principal sum of or any part thereof, unless six calendar months' previous notice in writing be given to them, or left at their respective then usual or last usual place or places of residence or business for the time being in England by the said A. B., his heirs, executors, administrators or assigns: PROVIDED ALWAYS and it is hereby agreed and Receipts of survivor of mortgagees to be a dis charge. LEASEHOLDS declared, that in case the said C. D. and E. F., or either of them, FOR LIVES. shall die whilst any principal or interest monies shall continue upon the security intended to be hereby made, the receipt or receipts of the survivor of them, or the executors or administrators of such survivor, shall be a good and effectual release and discharge for such principal and interest monies, or any part thereof respectively, unto the person or persons paying the same, or for so much thereof as in such receipt or receipts shall be expressed to be received: AND that the person or persons making such payment or payments, and taking such receipt or receipts as aforesaid, shall not be obliged to see to the application, or be answerable or accountable for the loss, misapplication or nonapplication of the monies which, in such receipt or receipts, shall be expressed to be received. WITNESS, &c. IN THE SCHEDULE REFERRED TO IN THE ABOVE-WRITTEN APPOINTMENT OF RECEIVER. Parties. No. LVI. APPOINTMENT of RECEIVER of the RENTS of a THIS INDENTURE, made the day of BETWEEN A. B., of &c. [mortgagor], of the first part, C. D., of &c. [mortgagee], of the second part, and G. H., of &c. [receiver], Agreement of the third part: WHEREAS [recite mortgage of even date of renewable leaseholds, the rental and particulars of which are contained in the schedule hereto]: AND WHEREAS it hath been for appoint ment of re ceiver. MENT OF RECEIVER. of receiver of ments. agreed between the said parties hereto that for securing the APPOINTregular payment half yearly of the interest of the principal monies secured by the said recited indenture, or so much thereof as shall for the time being remain upon the security of the said indenture, a receiver shall be appointed for collecting the rents and profits of the same mortgaged premises, and that the said G. H. shall be the receiver appointed for that purpose: NOW THIS INDENTURE WITNESSETH, that in pursuance of the said recited agreement, and in consideration of the premises, the said A. B., with the consent of the said C. D., testified by his executing these presents, hath nominated and appointed, and by these presents doth nominate and appoint, the said G. H. to be the receiver of all and every the Appointment rents and profits of and to arise from the said pieces or parcels hereditaof ground, messuages or tenements, buildings, hereditaments and premises comprised in the said recited indenture bearing even date herewith as aforesaid, from time to time, whilst any principal or interest money shall remain upon the security of the said leasehold premises, and as well after as before any renewal of the lease of the said premises: And in case of nonpayment thereof, or of any part thereof, to make any distress or distresses, or bring and prosecute any action or actions, suit or suits at law, or in equity, or otherwise howsoever, for the recovery thereof: And generally to do and execute any other act, matter or thing, which shall be requisite or necessary for recovering or obtaining payment of such rents and profits as the same shall respectively grow due: AND THE SAID A. B. doth All persons hereby direct and require all and every persons and person who pay rents to is or are, or shall or may be, liable to pay any rents or profits, for or in respect of the premises comprised in the hereinbefore recited indenture of even date herewith, to pay such rents and profits unto the said G. H., or the receiver for the time being acting under these presents, upon and for the trusts, intents and purposes hereinafter declared concerning the same; And doth hereby declare that the receipts of the said G. H., or Receipts of of such receiver for the time being, shall be sufficient dis- be sufficient charges for such rents and profits, without any obligation on the part of the persons paying the same to ascertain or inquire into the necessity or propriety of such receiver acting under directed to' receiver. receiver to discharges. |