OF A MILL AND MACHINERY BY A JOINT STOCK BANK. -for right to convey. for quiet en joyment after default. of April, 1837, to the said power of appointment hereinbefore exercised or expressed, and intended so to be, PARTNERS TO but without but without any other condition, trust, power of revocation or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, charge, incumber, lessen, determine, defeat, or make void the same estate: AND THAT the said A. B. and C. D. now have in themselves good right, full power, and lawful and absolute authority to grant, bargain, sell, release, appoint, assign, and convey all the said lands, messuages, mill, buildings, hereditaments, machinery, and premises, hereinbefore released and assigned, or expressed and intended so to be, unto and to the use of the said E. F., G. H., and I. K., their heirs, executors, administrators, and assigns respectively in manner aforesaid, according to the true intent and meaning of these presents: AND ALSO THAT, if default shall be made in payment of the said balance on the said account-current, contrary to the aforesaid proviso and covenant for payment of the same, and the true intent and meaning of these presents, then and in such case it shall be lawful for the said E. F., G. H., and I. K., their heirs, executors, administrators, and assigns, at any time or times thereafter, into and upon all and every the said lands, messuages, mill, buildings, hereditaments, and premises, hereinbefore released and assigned, or expressed and intended so to be, or any of them, or any part or parts thereof to enter, and the same from thenceforth peaceably and quietly to have, hold, occupy, possess, and enjoy, and receive, and take the rents, issues, and profits thereof, to and for his and their own use, without any let, trouble, interruption, or disturbance whatsoever, of, from, or by the said A. B. and C. D., or either of them, their or either of their heirs or assigns, or any other person or persons whomsoever, any estate, right, title, or interest, having, or lawfully or equitably claiming, or to have, or lawfully or equitably claim, in or to the said lands, messuages, mill, buildings, hereditaments, and premises, or any of them, or any part or parts thereof: AND THAT free and clear, and freely and incumbrances; clearly, and absolutely acquitted, exonerated, and dis -free from OF A MILL AND MACHI- A JOINT STOCK ther assurance. charged, or otherwise by the said A. B. and C. D., or one of them, their, or one of their heirs, executors, or administrators, saved, protected, kept harmless, and indemnified of, PARTNERS TO from, and against all and all manner of former and other estates, titles, troubles, charges, and incumbrances whatsoever: AND MOREOVER, THAT they the said A. B. and and for furC. D., their heirs, executors, and administrators, and all and every other persons and person whosoever, having or lawfully or equitably claiming, or who shall or may have, or lawfully or equitably claim any estate, right, title, or interest, of, in, or to the said lands, messuages, mill, buildings, hereditaments, and premises, hereinbefore released and assigned, or expressed and intended so to be, or any of them, or any part or parts thereof, shall and will, from time to time and at all times hereafter, upon the request of the said E. F., G. H., and I. K., or any of them, their or any of their heirs, executors, administrators, or assigns, but at the costs and charges of the said A. B. and C. D., or one of them, their or one of their heirs, executors, or administrators, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, matters, and things, conveyances, assignments, and assurances in the law whatsoever, for the further, better, more perfectly, and absolutely granting, conveying, assigning, and assuring all the said lands, messuages, mill, buildings, machinery, hereditaments, and premises hereinbefore released and assigned, or expressed and intended so to be, unto the said E. F., G. H., and I. K., their heirs, executors, administrators, and assigns, according to the nature and quality of the property, and in manner aforesaid, according to the true intent and meaning of these presents, as by the said E. F., G. H., and I. K., or any of them, their or any of their heirs, executors, administrators, or assigns, or their or any of their counsel in the law shall be reasonably devised or advised and required: PROVIDED ALSO, and it is hereby agreed and declared, between and by the parties to these presents, and the true intent and meaning of them and of these presents nevertheless further is, Proviso for quiet enjoyment by the mortgagors until default. OF A MILL AND MACHINERY BY A JOINT STOCK BANK. Power of sale. that it shall be lawful for the said A. B. and C. D., their heirs, executors, administrators, and assigns, peaceably and PARTNERS TO quietly to have, hold, occupy, possess, and enjoy all the said lands, messuages, mill, buildings, machinery, hereditaments and premises hereinbefore released and assigned, or expressed and intended so to be, and receive and take the rents, issues, and profits thereof, to his and their own use, until default shall be made in payment of the said balance on the said account-current as aforesaid, or some part thereof, contrary to the aforesaid proviso or covenant for payment of the same, and the true intent of these presents, without any let, suit, trouble, interruption, or disturbance whatsoever, of or from or by the said E. F., G. H., and I. K., or any of them, their or any of their heirs, executors, administrators, or assigns, or by any other person or persons whomsoever, lawfully claiming or to claim by, from, or under them, or any of them: AND IT IS HEREBY further provided and declared, that it shall be lawful for the said E. F., G. H., and I. K., or the survivor or survivors of them, or the executors or administrators of such survivor, their or his assigns, at any time or times hereafter, while any money shall remain due or owing to the said bank on the account-current of the said firm of B. & D. as aforesaid, without any further consent on the part of the said A. B. and C. D., or either of them, their or either of their executors, administrators, or assigns, or of any other person or persons, to make, sell, and dispose of the said lands, messuages, mill, buildings, steam-engines, boilers, mill-gear, millwright work, fixed and moveable machinery, hereditaments and premises hereinbefore released and assigned, or expressed or intended so to be, or for the time being subject to the security intended to be made by these presents, or any part or parts thereof, either together or in parcels, (and as to the said steam-engines, boilers, mill-gear, millwright work, fixed and moveable machinery, and other premises of a like nature, either together with the buildings or land to or upon which the same shall be fixed or be standing or being, or separately and detached therefrom), and either by public auction or private contract, with full power OF A MILL AND MACHI NERY BY PARTNERS TO A JOINT STOCK BANK. to the conveyance of the certain cases. upon any such sale or sales to make any stipulations as to title or otherwise which they or he shall deem necessary; and also with full power to buy in the premises, or any part thereof, at any sale or sales by public auction, or to rescind any contract or contracts for the sale of the same premises, or any part thereof, and to re-sell the premises which shall have been so bought in, or as to which any contract or contracts for sale shall have been rescinded as aforesaid, without being responsible for any loss which may be occasioned thereby ; and that for the purposes aforesaid, or any of them, it shall be lawful for the said E. F., G. H., and I. K., and the survivors and survivor of them, and the executors or administrators of such survivor, their or his assigns, to make and execute, or cause to be made and executed, all such agreements, deeds, conveyances, assignments, and assurances, as they or he shall think fit: AND IT IS HEREBY also Declaration as agreed and declared, that, upon any sale or sales which shall be made under the said power of sale by the executors legal estate in or administrators of the survivor of them, the said E. F., G. H., and I. K., or by any other person or persons who may not be seised of the legal estate in the premises to be sold, the heirs of the said survivor, or any other person or persons in whom the legal estate of the same premises, or any part thereof shall be vested, shall make such conveyances and assurances of the same for the purpose of carrying the sale thereof into effect, as the person or persons by whom the sale shall be made shall direct: PROVIDED ALSO, and it is hereby agreed and declared, that the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, will not and shall not execute the power of sale hereinbefore contained, unless and until they or he shall have previously given a notice in writing to some person liable to pay to the said bank the balance of the account-current of the said firm of B. & D., or entitled to redeem the said mortgaged premises, or some part thereof, to pay off the monies which for the time being shall be due on the security of these presents, or left a notice in writing to that effect at or upon the said premises hereby Proviso that the power of sale shall not be exercised given. till after notice OF A MILL AND MACHI NERY BY A JOINT STOCK BANK. Proviso that no purchaser shall be bound to see that notice has been given, or as to the propriety of the sale. released, or some part thereof, and default shall have been made in payment of such monies, or some part thereof, for PARTNERS TO the space of one calendar month, to be computed from the time of giving or leaving such notice: PROVIDED ALSO, and it is hereby agreed and declared, that upon any sale purporting to be made in pursuance of the aforesaid power in that behalf, the purchaser or purchasers thereat shall not be bound to see or inquire whether any such notice has been given or left, as in the clause or provision lastly herein before contained is mentioned, or whether any money remains due or owing on the security of these presents, or otherwise, as to the propriety or regularity of such sale; and notwithstanding any impropriety or irregularity whatsoever in any such sale, the same shall, so far as regards the safety and protection of the purchaser or purchasers thereat, be deemed and taken to be within the aforesaid power in that behalf, and be valid and effectual accordingly; and the remedy of the said A. B. and C. D., their heirs, executors, administrators, or assigns, in respect of any breach of the clause or provision lastly herein before contained, shall be in damages only: AND IT IS HEREBY agreed and declared, that upon any such sale as aforesaid, the receipt or receipts in writing of any of the cashiers for the time being of the said bank for the purchase-money of the premises to be sold shall be an effectual discharge, or effectual discharges, to the purchaser or purchasers of the money therein respectively expressed to be received, and that such purchaser or purchasers, after payment of his or their purchase-money to any of the cashiers for the time being of the said bank, shall not be concerned to see to the application of such money, or be answerable for any loss, misapplication, or Declaration of nonapplication thereof: AND IT IS HEREBY further agreed Mortgagees' receipts to be good discharges for the purchase-money. trusts of pur chase-monies. and declared, that all and singular the monies which shall arise from any sale which shall be made as aforesaid, shall be held upon the trusts following, (that is to say), upon trust, that in the first place, by, with, or out of the same monies, all the costs and expenses attending such sale or sales, or otherwise to be incurred in or about the exercise of the said power of sale, or in anywise relating thereto, shall be |