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Transfer, sents to the said C. D. paid by the said E. F., (the receipt

ITH FUK*

Theu Ad- &c, supra, p. 465), he the said C. D. doth hereby for vANCB. himself, his heirs, executors, and administrators, covenant with the said E. F., his executors and administrators, that he the said C. D., his heirs, executors, or administrators,

shall and will, on the day of now next ensuing,

pay or cause to be paid to the said E. F., his executors, administrators, or assigns, the sum of £200, with interest for the same after the rate of £— for every £100 for a year from the day of the date of these presents, without any deduction or abatement whatsoever for any present or future taxes, rates, assessments, or impositions, or any other matter, cause, or thing whatsoever: And further, that if the said principal sum of £200 shall not be fully paid to the said E. F., his executors, administrators, or assigns, on

the said day of now next ensuing, he the said

C. D., his heirs, executors, or administrators, shall and will thenceforth pay or cause to be paid to the said E. F., his executors, administrators, or assigns, interest for the said principal sum of £200, after the rate aforesaid, by equal

half-yearly payments on the day of and the

day of in every year, so long as the said principal sum

Charge of the of £200, or any part thereof, shall remain unpaid: And, further advance for the considerations last aforesaid, the said A. B. doth

on the mort _ .'

gaged pre- hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said E. F., his executors, administrators, and assigns, that the said hereditaments and premises hereinbefore released, or expressed and intended so to be, shall be and remain a security to the said E. F.,

mines.

whole consider- supra, p. 259, n. (e). of stating the whole consideration in the first witatiou in the nessing part has not been followed. For in this case the further advance part. Wlt"CSS,n8 is by the frame of the draft made so totally. distinct from the transfer of the original mortgage-debt and the securities for it, that it evidently becomes expedient to disconnect the statement of the considerations. If the charge for the further advance had been made along with the charge of the old debt, by means of the conveyance and a new proviso for redemption, as in the next precedent, then the considerations would have been stated together in the usual manner in the first witnessing part

his executors, administrators, and assigns, for, and stand Transfer,

', . WITH FUR

charged and chargeable with, the payment to him or them Thkr Adas well of the said sum of £200 hereinbefore covenanted to \ance. be paid as aforesaid, and the interest thereon, as of the aforesaid sums of £1,000 and £500, and the interest to become due for the same respectively: And that the same hereditaments and premises shall not in anywise be redeemed or redeemable but upon payment by the said C. D., his heirs, executors, administrators, or assigns, unto the said E. F., his executors, administrators, or assigns, as well of the said sum of £200 and all interest for the same, as of the said sums of £1,000 and £500, with the interest to become due for the same respectively (/). In Witness &c.

LXXIV.

TRANSFER of a Mortgage of Undivided «**"*«>

J * WITH FUll

Sharf.s of Freehold Estate and Further Ad- Thkr Ad-
Vance, the old Mortgage being for a Term of
Years, which, on the Transfer, is assigned to or Term.
Attend The Inheritance, and the new Secu-
rity being made in fee-simple. Covenants for
Insurance against Fire. Appointment of a
Receiver.

THIS INDENTURE, made &c. Between A. B., of &c, P»rti«.
[old mortgagee], of the first part; C. D., of &c, [mortgagor],
of the second part; E. F., of &c, [transferee], of the third
part; and G. H., of &c, [trustee for transferee and re-
ceiver], of the fourth part, [recites an indenture of the 5th Narntire re-
day of March, 1791, whereby a term of 500 years was
created for securing £1,000 and interest at Jive per cent.,
the parcels being described in the recitalrecites formally
and in order of date, in the usual manner, several assur-

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TRANSFER, WITH FURTHER ADVANCE AND ASSIGNMENT OF TERM.

Recital of state of mortgagedebt.

—of agreement for transfer and further advance.

—of special agreement for the assignment of the term and the appointment of a receiver.

Witnesseth.
Consideration.

Receipt

Further consideration.

ances and events whereby the mortgage-debt and term had become vested in A. B., and whereby the freehold and inheritance stood limited to the common uses to bar dower in favour of C. Z>.]: And Whereas the said principal sum of £1,000 still remains due and owing upon the security of the said indenture of the 5th day of March, 1791, but all interest on the same has been paid up to the day of the date of these presents: And Whereas the said E. F. has agreed, at the request of the said C. D., to advance and pay to the said A. B. the said sum of £ 1,000, and also to advance and lend to him the said C. D. the further sum of £1,000 upon having a transfer in manner hereinafter mentioned of the said mortgage-debt of £1,000 and interest, and the securities for the same, and upon having the repayment of the said sums of £1,000 and £1,000, making together the sum of £2,000, with interest after the rate of £5 per cent, per annum, secured in manner hereinafter mentioned: And Whereas, as part of the said security, it was agreed that the said premises comprised in the said term of 500 years should be assigned to the said G. H., his executors, administrators, and assigns, upon the trusts and in manner hereinafter mentioned, and that the said G. H. should be appointed receiver, with the powers and in manner hereinafter mentioned, of the rents and profits of the said undivided parts and other hereditaments intended to be hereby appointed and released, and that these presents should contain such covenants, clauses, and provisions in relation thereto as are hereinafter contained: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreements, and in consideration of the sum of £1,000 at or immediately before the sealing and delivery of these presents paid to the said A. B. by the said E. F., at the request and by the direction of the said C. D., (testified by his being a party to and executing these presents), (the receipt of which said sum of £1,000 he the said A. B. doth hereby acknowledge, and of and from the same and every part thereof doth acquit, release, and discharge the said E. F., his heirs, executors, administrators, and assigns for ever by these presents), and also in consideration of the sum of £1,000 to the said A. B., at the same time paid by the said E. F., (the payment and receipt in manner aforesaid of Transfer, which said sums of £1,000 and £1,000 he the said A. B.

THF.R ADVANCE AND ASSIGNMENT

doth hereby acknowledge, and of and from the same and every part thereof respectively doth acquit, release, and Of Term. discharge the said E. F., his heirs, executors, administrators, Receipt and assigns for ever by these presents), He the said A. B., Assignment of &c, [assignment of the mortgage-debt of £1,000 and in- debu terest to E. F., see supra, p. 647]: AND THIS INDEN- witnessed, TURE ALSO WITNESSETH, that, in further pursu- JSEStSio ance of the said agreements, and for the considerations transferee, hereinbefore mentioned, and pursuant to and by force and virtue and in exercise and execution of the power or authority to him the said C. D. for this purpose given by

the said indenture of the day of , [the deed

creating the power], and of all and every other power or authority in anywise enabling him in this behalf, he the said C. D. doth by this present deed or writing by him sealed and delivered, {see supra, p. 211), direct, limit, and appoint that the five equal eighth parts intended to be hereinafter released of the said hereditaments hereinbefore and hereinafter particularly mentioned, shall henceforth go, remain, and be to the use of the said E. F., his heirs and assigns, subject to the proviso for redemption hereinafter contained: AND THIS INDENTURE ALSO WITNESSETH, witnessed,, that, in further pursuance of the said agreements, and for t°d iSeajeof the considerations aforesaid, he the said C. D. hath granted, the feereleased, and confirmed, and by these presents doth grant, release, and confirm, unto the said E. F., (in his actual possession, now being by virtue of a bargain and sale to him thereof made by the said C. D. &c, (supra, p. 198),) and his heirs, All Those the five undivided equal eighth parts Parcels, or shares, and all other the parts or shares of him the said C. D., of or in all that the said messuage or tenement

in , formerly called the , with the ground and

appurtenances thereunto belonging, hereinbefore more particularly described, and now better known by the description following, (that is to say) [modern description of parcels], and of and in all out-houses &c, [general words], and of General words, and in the reversion and reversions, &c, and all the estate, &c, To Have And To Hold the said parts or shares, and all Habendum,

TRANSFER,

WITH FURTIIEH ADVANCE AND ASSIGNMENT

OF TF.RM.

Proviso for redemption

Covenants.

Proviso for quiet enjoyment until default.

Covenant by mortgagor to insure against loss by fire.

and singular other the premises hereinbefore released, or expressed and intended so to be, unto the said E. F., his heirs and assigns, to the use of the said E. F., his heirs and assigns for ever, subject to the proviso for redemption hereinafter contained: Provided Always, and it is hereby agreed and declared between and by the said C. D. and the said E. F., and the true intent and meaning of them and of these presents nevertheless is, that if the said C. D., his heirs, executors, administrators, or assigns, shall pay or cause to be paid to the said E. F., his executors, administrators, or assigns, the said sums of £1,000 and £1,000, making together the said sum of £2,000 (a), and the sum of £100 &c, [supra, p. 466]; [Covenant by C. D. with E. F., his executors and administrators, for payment of mortgage-money, supra, p. 467; covenant by A. B. with

E. F., his executors administrators, and assigns, that lie has done no act whereby he is prevented from assigning the

mortgage-debt and interest, supra, p.648(6); covenants

by CD. with E. F., his heirs and assigns, that the power is in forcefor right to appoint and release —for quiet enjoymentfree from incumbrancesand for further assurance, supra, p. 471: Provided Always, and it is hereby agreed and declared between and by the said C. D. and E. F., and the true intent &c, [proviso for quiet enjoyment by mortgagor until default, supra, p. 474]: And The Said C.D. doth hereby for himself, his heirs, executors, and administrators, covenant with the said E. F., his executors, administrators, and assigns, that he the said C. D., his heirs, executors, administrators, or assigns, shall and will at all times, so long as any principal money or interest shall remain on the security intended to be hereby made, keep all and singular the messuages, buildings, and erections, the undivided parts whereof are hereinbefore expressed to have been appointed and released, well aud sufficiently insured against loss or damage by fire, by a policy or policies

(«) Where there is a transfer and a further advance, the sums should be separately stated in the proviso for redemption, and mentioned as together forming the new debt.

(6) Of course, the words which in the covenant referred to follow '' these presents," and which relate to the hereditaments, must be omitted.

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