No. LVII.

COLLATE

RAL SECU-
RITY.

Parties.

gage.

DEED of COLLATERAL SECURITY.

THIS INDENTURE, made the

day of

BETWEEN

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, signed and published his last will, dated the

which mort

:

Will under day of Fagor 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

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 inortgagee.

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.

COLLATE

RAL SECU

RITY.

mortgagor

convey,

said C. D., his executors, administrators or assigns, the said sum of £ so secured as aforesaid, and the interest thereof, according to the proviso and covenant in the said recited indenture of mortgage contained for payment thereof respectively, then he the said C. D., his executors, administrators or assigns, will, at the costs of the said A. B. or his assigns, reconvey the said hereditaments and premises hereby granted, or otherwise assured, or expressed and intended so to be, unto the said A. B. and his assigns free from all incumbrances made, done or committed by the said C. D., his executors, administrators or assigns AND THE SAID A. B. doth hereby for himself, his Covenant by heirs, executors and administrators, covenant with the said for right to C. D., his executors, administrators and assigns, that the said A. B. now hath in himself absolute authority to grant and assure 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, in manner aforesaid, free from all incumbrances: AND THAT HE and for furTHE SAID A. B. and his assigns, and all persons claiming by, from, under or in trust for him or them, shall and will at all times hereafter do and execute all such further acts and assurances in the law for the more perfectly assuring the premises hereby granted, or otherwise assured, or expressed and intended so to be, unto the said C. D., his executors, administrators or assigns, in manner aforesaid, as by him or them, or by his or their counsel in the law, shall be reasonably devised, advised and required. IN WITNESS, &c.

ther assu

rance.

FURTHER
CHARGE.

Partics.

principal

Agreement

for further advance.

the within named A. B. [mortgagor], of the one part, and the Recite that within named C. D. [mortgagee], of the other part: WHEREAS money is due. the within mentioned sum of £1000 is still due and owing to the said A. B., on the security of the within-written indenture, but all interest for the same has been paid up to the day of the date of these presents: AND WHEREAS the said A. B., having occasion for the further sum of £500, hath applied to the said C. D. to lend him the same, which he the said C. D. hath agreed to do, on having the repayment, thereof with interest for the same after the rate hereinafter mentioned, Witnessing secured in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement, and in consideration of the sum of £500 to the said A. B. in hand well and truly paid by the said C. D., on or immediately before the execution of these preCovenant by sents [the receipt whereof, &c.], he the said A. B. doth pay further hereby for himself, his heirs, executors and administrators, interest. covenant with the said C. D., his executors, administrators and assigns that he the said A. B., his heirs, executors, administrators or assigns, shall and will on the

part.

mortgagor to

advance and

day

of next ensuing the date of these presents, well and
truly pay or cause to be paid unto the said C. D., his exe-
cutors, administrators or assigns, the said sum of £600, with
interest for the same from the date hereof at the rate of £5 for
£100 by the year, without any deduction or abatement what-
soever (except the property or income tax): AND FURTHER
THAT unless the said sum of £500 shall be paid on the said
day of, then he the said A. B., his heirs, executors,
administrators or assigns, shall and will, by equal half yearly
payments, on the day of
day of
in every year, pay or cause to be paid interest after the rate

and the

FURTHER

CHARGE.

that property

mortgage

security for

well as origi.

aforesaid on the said sum of £500, or on so much thereof as
shall for the time being be due, until the whole of the said sum
of £500-shall be fully paid; and also shall and will, in case the
said sum of £500 or any part thereof shall be paid at any other
time than on one of the said half yearly days of payment, pay
therewith a proportional part of such interest up to such time
of payment: AND IT IS HEREBY AGREED AND DECLARED be- Declaration
tween and by the parties to these presents, that the messuages, comprised in
lands and hereditaments comprised in and assured by the shall be a
within-written indenture, together with their appurtenances, further as
shall respectively stand charged and chargeable with and remain nal advance.
a security for the payment to the said C. D., his executors,
administrators and assigns, as well of the said sum of £500
and the interest for the same, pursuant to the aforesaid cove-
nant in this behalf, as also of the within mentioned sum of £1000
and the interest thereon, and that the said messuages, lands
and hereditaments, or any of them, or any part or parts there-
of, shall not be redeemed or redeemable at law or in equity or
otherwise until full payment shall be made to the said C. D., his
executors, administrators or assigns, not only of the said sum of
£1000 and the interest thereon, but also of the said sum of £500
and the interest for the same pursuant to the aforesaid covenant
in this behalf: AND IT IS HEREBY AGREED AND DECLARED that Declaration
the within mentioned power of sale, and all and singular other ions in mort-
the powers, trusts and provisions contained in the
written indenture in relation thereto, and all other the
powers, remedies, and provisions by the same indenture given
or reserved to, or vested or reposed in the said C. D., his heirs,
executors, administrators or assigns, or any of them, shall
extend and be applicable to the raising, securing and paying to
the said C. D., his executors, adminstrators and assigns, as well
of the said sum of £500, together with the interest thereon, after
the rate aforesaid, as also of the said sum of £1000 and the
interest thereon. IN WITNESS, &c.

within

that provis

gage to extrusts, and interest.

tend to further advance

TRANSFER OF MORTGAGES.

OF FREEHOLDS AND

COPYHOLDS

BY IN

No. LIX.

TRANSFER of a MORTGAGE of FREEHOLDS and
COPYHOLDS by INDORSEMENT.

DORSEMENT. THIS INDENTURE, made the

Parties.

Recite that mortgage debt is duc.

day of BE-; TWEEN A. B., of &c. [transferror], of the one part, and C. D., of &c. [transferree], of the other part: WHEREAS the withinmentioned mortgage debt or sum is still due and owing to the within-named A. B. on the security of the within-written indenture, but all interest for the same has been paid up to Agreement the day of the date of these presents: AND WHEREAS the said C. D. hath agreed to pay to the said A. B. the sum of £1000, on having a transfer of the said mortgage debt and the interest thereof, and the securities for the same, in manner hereinafter Surrender of mentioned: AND WHEREAS, in pursuance of the within-mentioned covenant in this behalf, the within-named G. H., at a court holden in and for the within-mentioned manor on the

for transfer.

copyholds.

day of, duly surrendered into the hands of the lord of the same manor, to the use of the said A. B., his heirs and assigns, all and singular the copyhold hereditaments and premises by the within-written indenture covenanted to be surrendered, subject nevertheless to a condition for making void the said surrender on payment by the said G. H., his heirs, executors, administrators or assigns, to the said A. B., his executors, administrators or assigns, of the said sum of £1000 and interest, on the day for that purpose appointed by First witnes- the within-written indenture: NOW THIS INDENTURE WITNESSETH that, in pursuance of the aforesaid agreeConsidera- ment, and in consideration of the sum of £1000 to the said A. B. paid by the said C. D., on or immediately before the

sing part.

tion.