anfwerable for his heirs, or any fuch fale or fales, conveyance or MORTGAGE. conveyances fo to be made and, executed as aforefaid, fhall not in any wife be deemed effential or neceffary to protect the title of the purchaser or purchasers of any part thereof, the fame being intended only for the further fatisfaction of fuch purchafer or purchafers. PROVIDED always, and Provifo that it is hereby declared and agreed, that the faid trustees fhall be F. I. his heirs, executors and adminiftrators, their own acts fhall be charged and chargeable only for and with only. their receipts, payments, cofts, and wilful defaults, and fhall not be charged or chargeable with, or answerable or accountable for any fum or fums of money, other than fuch as fhall, by the means herein before mentioned, actually come to their respective hands, their joining in any receipt or receipts, for the fake of conformity, notwithstanding; nor fhall any or either of them be accountable or anfwerable for the other or others of them, but each of them for his own acts and receipts, nor fhall he, they, or any of them, be accountable or anfwerable, for any lofs or damage which fhall happen by depofiting or placing the truft-monies fo to arife by fuch fale or fales, to be made as aforefaid, or any part thereof, in any bank or bankers hands, or elfewhere, for fafe cuftody, or otherwife howsoever, in the execution of the aforefaid trufts, fave such only as fhall happen by reafon or means of his, her, or their refpective wilful act, neglect or default. And it is hereby declared and agreed, by and between the faid N. G. B. W. P. A. and that all out. 4. A. and the said N. G. doth hereby direct and ftanding terms require, that all and every perfon and perfons in truft for the whom the faid term of years, or any other mortgagee, term or terms for years, judgments, ftatutes, re- the inheritance. cognizances, or other incumbrances affecting the faid manor, &c. hereby granted and released, or expreffed and intended fo to be, or any part ? Declaration fhall be held in and to attend Recitals of bond, and war MORTGAGE. thereof, are, or is, now vefted in truft for protecting the fame from mefne incumbrances, or as attendant upon the inheritance, (fubject as aforefaid) and the refpective heirs, executors, and adminiftrators of fuch perfon and perfons, fhall from henceforth ftand and be poffeffed of fuch term or terms, for years, judgments, ftatutes, recognizances, and other incumbrances whatfoever, in truft for the faid B. W. P. W. and A. A. their executors, adminiftrators and affigns, for the further and better fecuring to them the faid fum of ——, and the intereft thereof as aforefaid (fubject to the provifo hereinbefore contained for redemption of the premises) and for that end to be affigned and difpofed of from time to time, as occafion fhall require, in truft, to wait on and go along with the freehold and inheritance of the faid manor, &c. and to protect and preferve the fame from all mefne charges and incumbrances, if any fuch there fhall be. And whereas the faid N. G. hath rant of attorney. executed a bond or obligation, bearing even date with thefe prefents, and entered into by him the faid N. G. to the faid B. W. P. W. and A. A. in the penal fum of -- confideration for the payment of the faid fum of, at the place and times, and manner therein expreffed, to the faid B. W. and W. P. and A. A. their executors, adminiftrators and affigns, and performance of the covenants in this indenture contained, and alfo duly executed a warrant of attorney for confeffing a judgment thereon, and which faid judg ment is intended to be entered on record in his Majefty's Court of King's Bench at Westminster, as of Hiliary term laft, next Eafter term, or some fubfequent term. Now this indenture further witneffeth, and it is hereby declared and agreed, by and between the faid parties to these presents, that the faid fum of, fecured by the faid bond in the fame fum of, as is meant and in tended to be fecured by thefe prefents as afore- MORTGAGE. faid, and that the faid judgment upon the aforefaid bond, to the faid B. W. P. W. and A. A. is intended to be entered up, and the faid B. H. P. W. and A. A. his executors, adminiftrators and affigns, are to ftand and be poffeffed thereof, and of all benefit and advantage arifing and to be had, or taken thereby, as a collateral fecurity only, and for the better and more effectual payment of the faid fum of, to the faid B. W. P. W. and A. A. their executors, adminiftrators and affigns, at the feveral days and times, and in the manner hereinbefore appointed for payment thereof, and that no execution or executions fhall be iffued or taken out upon the faid judgment, until fome one half yearly payment of the faid intereft, or fome part thereof, on the faid principal fum offhall be in arrear by the fpace of calendar months after fome or one of the faid days hereinbefore limited and appointed for payment thereof: PROVIDED ALWAYS, and it is hereby further de- Power to fue clared and agreed, by and between the faid parties to these presents, and the true intent and meaning of thefe prefents, and of the faid parties hereto, is, and the faid N. G. for himself, his heirs, executors, and administrators, doth hereby Covenant, promife, and agree, to and with the faid B. W. P. W. and A. d. his executors, adminiftrators, and affigns, that when, and fo often as the faid half yearly payments of intereft, or any part thereof, or the payment of the faid principal money, fhall be behind by the space of calendar months next over or after any or either of the faid days and times hereinbefore mentioned or appointed for payment thereof, then, and fo often, and in every such case, it fhall and may be lawful to and for the faid B. W. W. P. and A. A. their executors, adminiftrators, or affigns, to fue out fuch execution or executions, upon or out execution. MORTGAGE. by virtue of the faid judgment hercinbefore mentioned, as he or they fhall think fit, or be advised, for the recovery of the arrears of the faid half yearly payments of intereft, or of the faid principal money, and all cofts and charges which the faid B. W. P. W. and A. A. their executors, adminiftrators, or affigns, or any of them, fhall bear, pay, fuftain, or be put unto, by or by reason or means of the non-payment of the fame fum of -, or any part thereof, at the days, and in the manner hereinbefore provided in that behalf, and it fhall not be neceflary for the faid B. W. P. W. and A. A. their heirs, executors, adminiftrators, or affigns, to revive, or caufe the faid judgment to be revived, or to do any act, matter, or thing, to keep the fame on foot, notwithstanding the faid judgment fhall have been entered on record, for the space of one year, or upwards, and notwithftanding any rule or practice of the court, in which the faid judgment fhall be entered on record, to the contrary; and that the faid N. G. his heirs, executors, or adminiftrators, fhall not, nor will have, take, or receive any advantage, for want of reviving or keeping the faid judgment on foot. IN WITNESS, &C. Leafe and Releafe, (by way of Mortgage,) to a firft and fecond Mortgagee, by way of Ufe. in the year, &c. and in the year of our between E. F. of, in the county of, gent. of the firft part, D. M. of in the county of, and A. his wife, S. D. of in the faid county of, widow, and I. A. of ——, in the said county, widow, which MORTGAGE. faid A. S. D. and I. A. are the only fifters and co-heireffes at law of C. E. late of aforefaid, yeoman, deceased, who was the younger and only surviving fon and heir at law of C. I. late of aforefaid, yeoman, deceased, of the fecond part, T. E. of, in the faid county of-, widow and relict, and alfo executrix and legatee, named in the laft will and teftament of the rev. V. U. of ——, in the county of —, clerk, eldest fon and heir at law of ——, in the county of in the faid county of wife; the rev. — deceased; H. C. of of ——, in the county of clerk, and D. his wife; fir F. N. of - in the faid county of of dentures. in the county of, efq. and S. I. of in the faid county, efq. of the fifth part; and the most noble H. W. duke of --, marquis of -, and P. Q. of ——, efq. of the fixth part: WHEREAS, by indentures of leafe and re- Recital of inleafe, bearing date refpectively on or about the day of which was in the year of our Lord, the release being made, or expreffed to be made, between E. N. of the first part; H. P. of, in the county of, efq. of the second part, and the faid C. I. of the third part, It is witneffed, that the faid E. N. for the confiderations therein mentioned, did, by the direction and approbation of the faid H. P. teftified as therein mentioned, grant, bargain, fell, remife, release, and confirm, unto the faid C. I. his heirs |