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TRANSFER, WITH FURTHER ADVANCE.
TRANSFER, sents to the said C. D. paid by the said E. F., (the receipt
&c., supra, p. 465), he the said C. D. doth hereby for 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, adıninistrators,
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.,
whole consider. supra, p. 259, n. (e), of stating the whole consideration in the first witation in the nessing part has not been followed. For in this case the further advance first witne
messing is by the frame of the draft made so totally distinct from the transfer of part.
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 provisɔ 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 charged and chargeable with, the payment to him or them as well of the said sum of £200 hereinbefore covenanted to 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., bis 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 (f ). IN WITNESS &c.
TRANSFER of a Mortgage of Uncivided
THIS INDENTURE, made &c. BETWEEN A. B., of &c., Parties. [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 receiver), of the fourth part, (recites an indenture of the 5th Narrative re
citals. day of March, 1791, whereby a term of 500 years was created for securing £1,000 and interest at five per cent., the parcels being described in the recital--recites formally and in order of date, in the usual manner, several assur
() See supra, p. 627, n. (6); p. 621, n. (d).
WITH FURTHER ADVANCE AND ASSIGNMENT OF TERM.
TRANSFER, 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. D.]: AND WHEREAS the said principal sum of Recital of state £1,000 still remains due and owing upon the security of the of mortgage said indenture of the 5th day of March, 1791, but all indebt.
terest on the same has been paid up to the day of the date -of agreement of these presents: AND WHEREAS the said E. F. has agreed, for transfer and further ad 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 -of special annum, secured in manner hereinafter mentioned : AND agreement for the assignment WHEREAS, as part of the said security, it was agreed that of the term and the said premises comprised in the said term of 500 years the appointment of a re. should be assigned to the said G. H., his executors, adminceiver.
istrators, 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 Witnesseth. as are hereinafter contained : NOW THIS INDENTURE
WITNESSETH, that, in pursuance of the said agreeConsideration. ments, 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 Receipt his being a party to and executing these presents), (the re
ceipt 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 Further con- 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. THER ADdoth hereby acknowledge, and of and from the same and VANCE every part thereof respectively doth acquit, release, and OP 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- debt. terest to E. F., see supra, p. 647]: AND THIS INDEN- Witnesseth,
further apTURE ALSO WITNESSETH, that, in further pursu- pointment to ance of the said agreements, and for the considerations 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, Witnesseth, that, in further pursuance of the said agreements, and for andre les of
further grant the considerations aforesaid, he the said C. D. hath granted, the fee. released, 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 FUR
TIIEIL AD VANCE AND ASSIGNMENT
TRANSFER, and singular other the premises hereinbefore released, or
expressed and intended so to be, unto the said E. F., his VANCE AND heirs and assigns, to the use of the said E. F., his heirs and
assigns for ever, subject to the proviso for redemption hereinProviso for re- after contained : PROVIDED ALWAYS, and it is hereby agreed deinption. 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 he has done no act whereby he is prevented from assigning the mortgage-debt and interest, supra, p. 648(6); -- covenants by C. D. with E. F., his heirs and assigns, that the power is in force—for right to appoint and releuse - for quiet enjoy
ment-free from incumbrances- and for further assurance, Proviso for supra, p. 471: PROVIDED ALWAYS, and it is hereby agreed quiet enjoy and declared between and by the said C. D. and E. F., and fault.
the true intent &c., (proviso for quiet enjoyment by mortCovenant by gagor until default, supra, p. 474] : AND THE SAID C. D. mortgagor to
doth hereby for himself, his heirs, executors, and adminisinsure against loss by fire. trators, covenant with the said E. F., his executors, adminis
trators, and assigns, that he the said C. D., his heirs, exe. cutors, 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 and sufficiently insured against loss or damage by fire, by a policy or policies
ment until de
(a) Where there is a transfer and a furtlier 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.