ING SO

CIETY.

ther assur

and profits thereof, without any lawful interruption or denial ro A BUILDof any person or persons whomsoever, and that free and clear of and from all estates, titles, troubles, charges and incumbrauces whatsoever: AND FURTHER, that the said A. B., his and for furexecutors and administrators, and all persons rightfully claiming ance. any estate or interest in the said several hereditaments, shall and will from time to time upon every request of the said C. D., E. F. and G. H., their executors, administrators or assigns, or other the trustees for the time being of the said society, but at the costs and charges of the said trust premises until such sale shall be made as aforesaid, and afterwards at the costs of the person or persons requiring the same, execute and perfect all such other reasonable deeds and assurances in the law for more perfectly or satisfactorily assuring the said several hereditaments and premises unto the said C. D., E. F. and G. H., their executors, administrators and assigns, for all the residue then unexpired of the said several terms hereby granted as by the said C. D., E. F. and G. H., their executors, administrators or assigns, or other the trustees or trustee for the time being of the Building Association, their or his counsel in the law shall be reasonably advised or required: PROVIDED ALWAYS that the sum to be ultimately recovered by virtue of these presents shall not exceed in the whole the sum of £1200, exclusive of any sum or sums of money to be advanced for the insurance of the said several messuages or tenements and erections against damage by fire. IN WITNESS, &c.

No. LV.

MORTGAGE of a LEASEHOLD ESTATE for LIVES, LEASEHOI DS with provisions for RENEWAL; the MORTGAGEES FOR LIVES. make the Advance on a JOINT ACCOUNT.

THIS INDENTURE, made the

day of

BETWEEN "

Parties.

A. B. of &c. [mortgagor], of the one part, and C. D. and E. F.

of &c. [mortgagees], of the other part: WHEREAS &c. [Recite Recite lease

for lives,

tui que vies are living.

for mortgage.

lateral secu

rity.

part.

LEASEHOLDS the lease for lives]: AND WHEREAS all the lives for which the FOR LIVES. said recited indenture of lease was granted as aforesaid are still that all ces in being: AND WHEREAS the said A. B. having occasion for the sum of £ hath applied to and requested the said C. D. Agreement and E. F. to advance and lend them the same, which they have agreed to do on having the repayment thereof, with interest, Bond as col- secured in manner hereinafter mentioned: AND WHEREAS in pursuance of the said recited agreement, by the bond or obligation in writing of the said A. B., bearing even date with these presents, he hath become bound to the said C. D. and E. F. in the penal sum of £—, subject to a condition thereunder written for making the same bond void on payment by the said A. B., his heirs, executors, administrators or assigns, unto the said C. D. and E. F., their executors, administrators or assigns, of the sum of £, on the day of next ensuing the date of the said bond and these presents, with interest for the same in the meantime after the rate of £5 per Witnessing cent. per annum, by equal half yearly payments. NOW THIS INDENTURE WITNESSETH, that in further pursuance of the said recited agreement, and in consideration of the sum of £to the said A. B. paid by the said C. D. and E. F. out of monies belonging to them on a joint account, on or before the sealing and delivering of these presents [the receipt &c.], he the said A. B. by these presents doth grant and confirm unto the said C. D. and E. F., their heirs and assigns, ALL THOSE the said several pieces or parcels of ground, messuages or tenements, buildings, hereditaments and premises comprised in the said recited indenture of lease, which said premises, together with the names of the tenants or lessees thereof, and the rents and terms of years under which the same are respectively holden, are set forth in the schedule hereunder written or hereunto annexed, TOGETHER with all houses, outhouses &c.: AND ALL THE ESTATE, right, title, interest, benefit or tenant right of renewal, claim and demand whatsoever, both at law and in equity, of him the said A. B., in, to, and out of the same hereditaments and premises, and every part thereof, together with the said hereinbefore recited indenture of lease, and the counterparts of the several underleases: AND ALL other deeds, evidences and writings relating to the title to the

Consideration.

Mortgagor

grants parcels.

Right of renewal,

and deeds.

and

FOR LIVES.

gee for lives of cestui que vies,

annuity).

said hereditaments and premises, or any part or parts thereof, LEASEHOLDS now in the custody or power of the said A. B., or which he can obtain without suit at law or in equity: TO HAVE AND TO HOLD the said pieces or parcels of ground, messuages or tenements, buildings, hereditaments and all and singular other the premises hereinbefore granted, or expressed and intended so to be, unto and to the use of the said C. D. and E. F., their heirs To mortgaand assigns, for and during the natural lives of the said and and the lives and life of the survivors and survivor of them, in as full, ample, and beneficial a manner to all intents and purposes as the said A. B. could or might have held and enjoyed the same in case these presents had not been made and executed subject nevertheless to the annuity or (subject to yearly sum of £ by the last will and testament of deceased, given to his daughter during her life: AND ALSO subject as to such of the hereditaments as are therein respectively comprised as aforesaid to the several underleases mentioned or referred to in the schedule hereunder written or hereunto annexed: AND ALSO subject to the proviso or agree- Subject to ment for redemption hereinafter contained: PROVIDED ALWAYS demption. and it is hereby agreed and declared between and by the said Proviso for parties hereto, that if the said A. B., his heirs, executors or administrators or assigns, shall pay or cause to be paid unto the said C. D. and E. F., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, the sum of £ensuing the date of these presents, with interest for the same in the meantime after the rate of £5 for every £100 by the year, by equal half yearly payments, on the day of

next and the said

day of

on the

day of

next

next, without any deduc tion or abatement whatsoever (except the property or income tax), then and in such case and at any time after such payment shall be so made, they the said C. D. and E. F., or the survivor of them, or the heirs of such survivor, their or his assigns, shall and will, at the request, costs and charges of the said A. B., his heirs or assigns, convey and assure the said pieces or parcels of ground, messuages or tenements, buildings, hereditaments and premises, with their appurtenances, unto and to the use of the said A. B., his heirs or assigns, or as he or they

right of re

redemption.

LEASEHOLDS

mortgagor

and interest.

shall direct, free from all incumbrances in the meantime made, FOR LIVES. done or committed by the said C. D. and E. F., their heirs, Covenant by executors, administrators or assigns: AND THE SAID A. B., for for payment himself, his heirs, executors and assigns, doth hereby covenant of principal with the said C. D. and E. F., their executors, administrators and assigns, that he the said A. B., his heirs, executors, administrators or assigns, shall and will well and truly pay or cause to be paid unto the said C. D. and E. F., their executors, administrators or assigns, the sum of £, on the day of next ensuing the date of these presents, with interest for the same sum in the meantime after the rate of £5 for every £100 by the year, by equal half yearly payments, on the

mortgagor,

and the said

day of

day of next,

next, without any deduction or abatement whatsoever (except as aforesaid): AND THAT unless the said sum of shall be paid on the said day of Covenant by [supra, p. 199]: AND THE SAID A. B. for himself, his heirs, executors and administrators, doth hereby covenant with the said C. D. and E. F., their heirs, executors, administrators and that lease is assigns in manner following (that is to say): THAT the said recited indenture of lease of the day of is at the date and execution of these presents a good, valid and subsisting lease of all and singular the premises therein comprised and hereinbefore granted, or expressed and intended so to be, for the lives of the said and the lives and

valid,

for right to convey,

and

and

life of the survivors and survivor of them, and is in nowise void or voidable: AND ALSO that he the said A. B., at the time of the sealing and delivery of these presents, hath good right, full power and lawful and absolute authority to grant, convey and assure the said pieces or parcels of ground, messuages or tenements, buildings and premises herein before granted, or expressed and intended so to be, with their appurtenances, unto the said C. D. and E. F., their heirs and assigns, for and during the lives of the said and the lives and life of the survivors and survivor of them in manner aforesaid, and according to the true intent and meaning of for quiet en- these presents: AND FURTHER, that in case default shall be joyment by made in payment of the said sum of £-- and interest, or after default, any part thereof respectively, contrary to the form and effect of the aforesaid proviso for payment of the same, it shall be

mortgagee

and

and

and - and

and the

cumbrances,

lawful for the said C. D. and E. F., their heirs and assigns, LEASEHOLDS from time to time and at all times thereafter during the FOR LIVES. natural lives of the said lives and life of the survivors and survivor of them, peaceably and quietly to enter into and upon the said hereditaments and premises hereinbefore granted, or expressed and intended so to be, with their appurtenances, and to receive and take the rents, issues and profits thereof, and of every part thereof, to and for their own use and benefit, without any lawful let, suit, trouble, denial, eviction, interruption or disturbance of, from, or by the said A. B., or any other person or persons whomsoever (save and except from the said in respect only of her said annuity, and also except the several underlessees whose leases are mentioned or referred to in the schedule hereunder written or hereunto annexed, or their respective executors, administrators or assigns): AND THAT free and clear and freely free from inand clearly and absolutely acquitted, exonerated and discharged, or otherwise by the said A. B. or his heirs, executors or administrators, well and sufficiently saved harmless and kept indemnified from and against all former and other estates, titles, troubles, charges and incumbrances whatsoever at any time or times heretofore, or to be at any time or times hereafter, made, done, created, committed or suffered by the said A. B. or any person or persons whomsoever (save and except the said annuity or yearly sum of £ to the said, and also except the several underleases mentioned or referred to in the schedule hereunder written or hereunto annexed): AND FUR- and for furTHER, that he the said A. B., and his heirs, and every other ance. person having or lawfully or equitably claiming, or who shall or may have or lawfully or equitably claim any estate, right, title or interest in, to, or out of the said pieces or parcels of ground, messuages or tenements, hereditaments and premises hereinbefore granted or expressed and intended so to be, or any part thereof respectively (save and except the said ), shall and will from time to time and at all times thereafter, during the natural lives of the said and and- and the lives and life of the survivors and survivor of them, at the request of the said C. D. and E. F., or the survivor of them, or the heirs of such survivor, their or his assigns, but at the costs and

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