APPOINT

RECEIVER.

Declarations of trust of rents and

profits,

and taxes,

collecting rents,

these presents: AND IT IS HEREBY AGREED and declared, MENT OF that the said G. H. shall stand possessed of the rents and profits which shall be received by him as aforesaid upon and for the trusts, intents and purposes hereinafter mentioned concerning the same, that is to say; Upon trust to therepay to pay rent, out the rent reserved and made payable in and by the said indenture of lease, or to be reserved in any new lease of the said leasehold premises, and all costs, charges and expenses whatsoever attending the performance of the covenants in such respective leases contained: AND ALSO to pay or allow out of such rents and profits all taxes and other outgoings which shall be payable by the said A. B. as lessee as aforesaid, and costs of his executors, administrators and assigns, and all costs, charges and expenses attending the collecting, recovering and receiving the said rents and profits; and also to pay or retain unto or for the use of the said G. H. as a compensation for his care and trouble in collecting and receiving the said rents and profits, so much as will be equal to sixpence in the pound on the gross amount of the rents and profits which he shall so receive as aforesaid: AND AFTER the payments and allowances aforeon principal said, upon trust to pay to the said C. D., his executors, administrators or assigns, the interest of such principal monies as shall for the time being remain due or owing to him or them on the security of the said indenture, at the times therein appointed and then to for payment of such interest: AND AFTER the several payments and allowances aforesaid, upon trust to pay the clear surplus mortgagor. of such rents and profits after answering the several trusts or purposes aforesaid unto the said A. B., his heirs, executors, Covenant by administrators or assigns: AND THE SAID A. B. doth hereby not to revoke for himself, his heirs, executors and administrators, covenant with the said C. D., his executors, administrators and assigns, that the said A. B., his heirs or assigns, shall not, nor will, at any time whilst any principal or interest monies shall remain on the security of the said mortgaged premises, without the previous consent in writing of the said C. D., his executors, administrators or assigns, revoke the power or authority hereby or obstruct given to the said G. H., or hinder or obstruct him, or any future receiver or receivers to be appointed as hereinafter mentioned, in collecting and recovering the rents and profits of the

and then to pay interest

money,

pay surplus

rents to

mortgagor,

power,

receiver,

APPOINT

MENT OF RECEIVER.

and that

ceiver may

in case of

said mortgaged premises or any part thereof: AND THAT IN CASE THE SAID G. H., or the receiver for the time being, shall by reason of any disability be rendered incapable to collect and receive the rents and profits of the premises, or shall refuse or another reneglect to collect and receive the same upon the trusts afore- be appointed said, or the said C. D., his executors, administrators or assigns, necessity. shall for any cause whatsoever be desirous of removing the said G. H. or other the receiver from the said office, whilst any principal or interest monies shall remain due or owing upon the security of the said mortgaged premises, or any part thereof respectively; then and in any of the said cases the said A. B., his heirs, executors, administrators or assigns, at his or their own costs and charges, shall and will, at the request of the said C. D., his executors, administrators or assigns, remove the said G. H., or such receiver for the time being as aforesaid, from the said employment of receiver; and shall and will forthwith, either upon his death or upon such his removal, appoint some other proper person or persons, with the consent of the said C. D., his executors, administrators or assigns, to collect, receive and apply the rents and profits of the premises upon the trusts aforesaid, and so on from time to time, as often as the case shall happen, whilst any principal or interest monies shall remain due or owing upon the security of the aforesaid mortgaged premises, or any part thereof respectively: AND THAT IF Power in THE SAID A. B., his heirs, executors, administrators or assigns, mortgagee to owner or owners for the time being of the said mortgaged ceiver if premises subject to the security so made thereon as aforesaid, refuses. shall refuse or neglect to make such appointment for the space of three calendar months next after the decease, incapacity, neglect, or refusal of the said G. H., or any other receiver, to be constituted as aforesaid, or after such desire of removing him as aforesaid; Then and in such case, and as often as the same shall happen, it shall be lawful for the said C. D., his executors, administrators or assigns, if he or they shall think proper, without the consent or concurrence of the said A. B. his heirs, executors, administrators or assigns, or any other person, to appoint some other proper person or persons to collect and receive the said rents and profits, and to stand possessed of the same upon such or the like trusts as are here

such case to

appoint re

mortgagor

MFNI OF

RECEIVER.

Receivers to

ted to have

powers of original receiver.

receiver,

endeavours

to receive

rents and to

properly.

:

APPOINT inbefore declared of and concerning the same: AND IT IS HEREBY AGREED and declared, that all and every such receiver, or receivers so to be appointed as aforesaid shall have, or be be substitu- invested with all such or the like powers and authorities whatsoever, as are hereby given, or intended to be given, to the said G. H. AND THE SAID G. H., for himself, his heirs, executors, Covenant by administrators and assigns, doth hereby covenant with the said A. B., his heirs, executors, administrators and assigns, and also with the said C. D., his executors, administrators and to use best assigns: That he the said G. H. shall and will, from time to time, and at all times, whilst he shall continue to act as apply same receiver and collector of the said rents and profits, use his best endeavours to collect and receive such rents and profits pursuant to the trusts and directions aforesaid, and shall and will duly pay and apply the same in manner hereinbefore directed: Receiver not AND IT IS HEREBY AGREED AND DECLARED, that the said G. H., or any future receiver to be appointed as aforesaid, shall not be answerable for any more monies than what he shall actually receive by virtue of or under these presents, nor for any loss which may happen by the insolvency of any tenant or occupier of the said mortgaged hereditaments, or any part thereof, or for the insufficiency of any distress which may be made or taken for any arrears of rent of the said mortgaged hereditaments, or any part thereof, nor for any other loss or damage which may happen in relation to such rents and profits, or any of them, or any distress, action, suit or proceeding, which may be made, brought or carried on for the recovery thereof, so as the same do not happen through the wilful Mortgagee neglect or default of the said receiver: AND IT IS HEREBY ALSO sponsible for AGREED AND DECLARED, between and by the said parties hereto

to be respon

sible for insolvency of tenant, &c.

not to be re

acts of re

ceiver.

of the first and second parts, that the said C. D., his executors, administrators or assigns, shall not bear or sustain, or be chargeable with, or accountable for, any loss which may happen of or to the rents and profits of the said mortgaged premises, or any of them, in consequence of the insolvency or misconduct of any tenant or occupier of the same premises, or any part thereof, or of the want or insufficiency of any distress for rent, or otherwise howsoever (save and except so far as regards any loss which, in consequence of any breach of trust in the said

APPOINT

MENT OF

RECEIVER.

sents not to

gagee from

principal

case of de

G. H., or any such future receiver as aforesaid, may happen to any monies that shall have been actually received by him from or in respect of the same rents and profits, which lastly mentioned loss (if any) shall be wholly borne by the said A. B., his executors, administrators or assigns: PROVIDED ALSO, and These preit is hereby further agreed and declared, that these presents prevent mortshall not prevent or be construed to restrain the said C. D., his calling in executors, administrators or assigns, from suing for and com- money in pelling payment of the said sum of £- and interest, or any fault. part thereof respectively, or from obtaining possession of the said mortgaged premises, or from foreclosing the equity of redemption thereof, in case the said principal sum of £ and the interest thereof, or any part thereof respectively, shall not be paid according to the proviso or covenant for that purpose contained in the said recited indenture of mortgage of even date with these presents: PROVIDED NEVERTHELESS, and it is Receiver not hereby expressly agreed and declared, that the said G. H., or default in other the receiver or receivers to be appointed as aforesaid, interest. shall not act under or in exercise of the powers or authorities herein contained, or any of them, until a half year's interest, or some part of a half year's interest of the said principal sum of £—, or of the part thereof for the time being remaining on the aforesaid security, shall be in arrear and unpaid for the space of months after the same shall become payable, according to the said recited indenture bearing even date herewith as aforesaid. IN WITNESS, &c.

THE SCHEDULE REFERRED TO IN THE ABOVE-WRITTEN

INDENTURE.

to act until

payment of

No. LVII.

COLLATE RAL SECU

RITY.

Parties.

gage.

A. B., of &c. [mortgagor], of the one part, and C. D., of &c. Recite mort- [mortgagee], of the other part [recite here the principal mortgage]: AND WHEREAS G. H., late of &c., in such manner as the law then required for rendering valid devises of freehold estates, Will under signed and published his last will, dated the —— day of gagor is en- 1837, whereby (amongst other things) he devised [parcels] to ditaments for the said A. B. for his life, with divers remainders over: AND WHEREAS the said G. H. died on or about the

which mort

titled to here

life.

Death of testator and pro bate of will.

Treaty for collateral security.

day of

without having in any respect altered his said will, which was duly proved by the executors thereof in the Prerogative Court of Canterbury: AND WHEREAS upon the treaty for the said recited mortgage it was agreed that the repayment of the said sum of £ thereby secured, and the interest thereof, should be further secured in manner hereinafter mentioned: Witnessing NOW THIS INDENTURE WITNESSETH, that in pur

part.

Considera

tion.

Grant of life interest in heredita

ments to mortgagee.

suance of the said agreement, and for the considerations aforesaid, he the said A. B. doth by these presents grant unto the said C. D., his executors, administrators and assigns, ALL AND SINGULAR the hereditaments and premises so devised to the said A. B. for his life as aforesaid, AND ALL THE ESTATE, right, title, interest, property, claim, and demand of him the said A. B., of, in, to, or out of the premises, To HAVE AND TO HOLD the said hereditaments and premises hereby granted, or otherwise assured, or expressed and intended so to be, unto the said C. D., his executors, administrators and assigns, for and during the Proviso for life of the said A. B., subject nevertheless to the proviso for redemption hereafter contained, that is to say, that if the said A. B., his heirs, executors or administrators, shall pay unto the

redemption.