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the faid B. A. his executors, adminiftrator, and MORTGAGE, affigns, but at the cofts and charges of the faid I. lord viscount, his heirs, executors, or administrators, make, feal, acknowledge, levy, fuffer, and execute, or cause and procure to be made, fealed, acknowledged, levied, fuffered, and executed, all and every fuch further and other acts, deeds, fines, recoveries, conveyances and affurances in the law whatsoever, for the better, more perfect and abfolute granting, affigning, demifing, and affuring and confirming the said manor or lordship, lands, hereditaments, and premises hereinbefore mentioned, to be hereby affigned and demised, for and during all the refidue and remainder which fhall be then to come and unexpired of and in the said respective terms of —— years and years, with their and with their and every of their rights, members, and appurtenances, freed and discharged of, and from the provifo herein contained for redemption of the faid premises, and all other equity of redemption whatsoever, and by fuch ways and means as by the faid B. A. his executors, administrators, or affigns, or his or their counsel learned in the law, shall in that behalf be reasonably devised, advised, or required. AND it is hereby agreed and declared, by and between the faid parties to these presents, that until default fhall be made of and in payment of the said sum

of ——, and intereft for the fame as aforefaid, or some part thereof, it shall and may be lawful, to and for the perfon and perfons who now are, or fhall or may become entitled to the freehold and inheritance of the faid premises, fubject to the

Provifo that mortgagee fhall poffefs uutil de

fault of pay

ment.

MORTGAGE. refpective terms for years, peaceably and quietly to have, hold, ufe, occupy, poffefs and enjoy the faid manor or lordship, lands, hereditaments, and premifes hereinbefore mentioned, to be hereby affigned and demised for the refidue of the faid term of- -years, and for and during the faid term of years as aforefaid, with their and every of their rights, members, and appurtenances, and to receive and take the rents, iffues, and profits thereof to his, her, or their own use and benefit, without the lawful let, fuit, trouble, interruption, claim and demand whatsoever, of, from, or by the faid B. A. his executors, adminiftrators, or affigns, or any other perfon or perfons lawfully claiming, or to claim by, from, or under him, them, or any of them. In witness, &c.

Recital of a

leafe.

Alignment of Leafehold Premifes, by Way of Mortgage, for fecuring the Re-purchafe of Stock.

This indenture made, &c. between G. I. of of the one part, and B. I. of the other part, WHEREAS by indenture of leafe bearing date on or about the day of, and made between W.I. of, of the one part, and the faid G.I. of the other part: It was witneffed, that for the confiderations therein mentioned, the faid W.I. did grant, demise, and lease, unto the faid G. I. all that, &c. TO HOLD the faid piece or parcel of ground, foundation, and premifes, with their and

every of their appurtenances, unto the faid G. I. MORTGAGE. his executors, adminiftrators, or affigns, from the

day of

then next enfuing, unto the full
years, to the faid G. I. pay-

end and term of
ing for the front vaults and foundation then erec-
ted on the said premises, the fum of, at the
fealing and delivery of the now reciting indenture,
and alfo paying during the first year and a quarter
of the faid term at and under the rent of one pep-
per corn, and alfo paying for the remainder of the
faid term, the yearly rent of £, payable quar-
terly, under and fubject to the covenants, claufes,
and agreements, therein contained, amongst which
was contained, a covenant that he the faid G. I.
fhould, at his own cofts and charges, erect and
build upon the faid piece or parcel of ground, a
meffuage or tenement with the appurtenances, in
manner as in the faid in part recited indenture of
lease is mentioned, and relation being thereunto had,
may fully and at large appear. AND WHEREAS
the faid G. I. hath in pursuance of his faid cove
nant, erected and built on the faid piece or parcel
of ground, a meffuage or tenement, with neceffary
appurtenances thereunto belonging: AND where- Agreement for
as the faid B. I. hath agreed to lend and advance
unto the faid G. I. upon a mortgage of the faid
leafehold premises, and on the faid G. I.'s bond,
the fum. of five per cent. bank annuities,
of the year, being part of the stock of
the faid B. I. in the faid fund, now ftand-
ing in his name, and which the said B. I. hath
agreed to transfer unto fuch perfon, and in fuch
manner as the faid G. I. fhall direct. Now THIS Confideration,

Of premifes

being built pur

fuant to cove

nant.

loan.

MORTGAGE. INDENTURE WITNESSETH, that for and in confider ation of the faid fum of, five per cent. bank annuities, of the year, being part of his the faid B. I.'s ftock in the said fund, now standing in his name, unto the said G. I. transferred by the faid B. I. at or before the fealing and delivering of these presents, the transfer and receipt whereof the faid G. I. doth hereby acknowledge, and thereof, and of and from the fame and every part and parcel thereof, doth acquit, release, and difcharge the faid B. I. his heirs, executors, and adminiftrators, for ever, by these prefents: he the faid G. I. hath bargained, fold, affigned, transferred, and fet over, unto the said B. I. his executors, administrators, and affigns, all that, &c. To HAVE AND TO HOLD the faid piece or parcel of ground, with the faid meffuage or tenement thereon erected and built, and all and fingular other the premises hereby granted and affigned, or mentioned or intended fo to be, with all and fingular their appurtenances, unto the faid B.I. his executors, administrators, and affigns, for and during all the refidue and remainder yet to come and unexpired of the faid term of under and fubject nevertheless to the rents and covenants in the said recited indenture of leafe, contained on the leffee's part, to be paid, performed, and kept, for the fame premises. PROdemption. (a) VIDED ALWAYS, and these prefents are upon this

Habendum for

remainder of

the term.

Provifo for re

years,

(a) See Elem. Con. book II. part Mortg. 146, 150.

chap. V. and Pow.]

exprefs condition, that if the faid G. I. his heirs, MORTGAGE. executors, or administrators, do or fhall, on or

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before the day of next ensuing the date of these presents, purchase and transfer, or cause or procure to be purchased or transferred into the books of the Bank of England, in the name or names, and for the proper ufe and benefit of the faid B. 1. his executors, administrators, and affigns, the capital fum of

5 per cent, bank annuities (a), of the year and in the mean time, and until fuch purchase and transfer fhall be made, do, and shall from time to time, as the fame fhall become due, pay, or cause to be paid, to the faid B.I. his executors, adminiftrators, or affigns, fuch fum and fums of money, for intereft, and dividends of the faid fum of 5 per cent. bank annuities, as the faid B.I. his executors, administrators, or affigns, might have received, or become entitled

(a) A question being made whether a bond given for rereplacing stock by a borrower, at the election of the lender, within 6 months after the decease of the borrowers father, Mr. FEARNE is ftated to have been of opinion, that it was at leaft, a dubious contract, upon the ground that it entitled the lender (in the event of the stock having risen at the time the money is to be replaced,) to an advantage beyond his legal interest on the money advanced, without risking the principal; and he observed, that if it were good, it would induce every lender of money at a time when stocks are very low, immediately before he advances the money to buy in the stocks, and then accompany his loan with fuch a bond as he could lofe nothing by it, and probably might be a very confiderable gainer,

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