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mortgagor

that rents

and cove

been paid and performed;

-for right to demise;

losses which may happen in the exercise of the

Covenant by aforesaid power and trusts, or any of them. AND THE SAID A. B. doth hereby, for himself, his nants have heirs, executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, that the rent by the hereinbefore-recited lease reserved, and the covenants by the lessee, and conditions therein contained, have been paid, performed, and observed up to the date of these presents; AND THAT he the said A. B. now hath power to demise all the said premises unto the said C. D., his executors, administrators, and assigns, for the term and in manner aforesaid, and free from incumbrances; AND THAT all the said premises may be quietly entered into, held, and enjoyed by the said C. D., his executors, administrators, and assigns, -for further without any interruption by any person; AND THAT he the said A. B., his executors and administrators, and every other person claiming any estate or interest in the premises, will at all times, (at the cost until sale or foreclosure of the said A. B., his executors or administrators, and afterwards of the person or persons requiring the same), execute and do all such assurances and things for further or better assuring all or any of the said premises unto the said C. D., his executors, administrators, and assigns, for the residue then to come of the said term herein before expressed to be hereby granted, as by him or them shall be reasonably required;

assurance;

any

and that, during the security, the covenants

rents and

shall be paid and

AND THAT he the said A. B., his executors, administrators, or assigns, will, so long as principal money or interest shall remain on these presents, pay, perform, and observe the rents, covenants by the lessee, and conditions performed, in the herein before recited lease reserved and contained; And will at all times keep and the the said C. D., his heirs, executors, adminis- indemnified. trators, and assigns indemnified against all actions, suits, expenses, and claims on account of the non-payment of the said rent, or any part thereof, or the breach of the said covenants and conditions, or any of them. IN WITNESS &C.

mortgagee

XXXVII.

MORTGAGE of FREEHOLDS and COPYHOLDS.

THIS INDENTURE, made &c., BETWEEN A. B., Parties. of &c. [mortgagor], of the one part, and C. D., of

&c. [mortgagee], of the other part, WITNESSETH, Witnesseth. that, in consideration of £this day paid to

Covenant to pay prin

cipal and interest. Witnesseth.

the said A. B. by the said C. D., &c. [receipt; and covenant for repayment of mortgage money with interest, supra, p. 127]. AND THIS INDENTURE ALSO WITNESSETH, that, for the consideration aforesaid, he the said A. B. doth hereby grant Conveyunto the said C. D., his heirs and assigns, [free- freeholds. hold parcels, general words, supra, p. 109]. To

ance of

redemption.

Habendum. HOLD the said premises UNTO the said C. D., his heirs and assigns, TO THE USE of the said C. D., Proviso for his heirs and assigns: PROVIDED ALWAYS, that if the said A. B., his heirs, executors, administrators, or assigns shall pay unto the said C. D., his executors, administrators, or assigns, the said sum of £ [the principal], together with interest for the same in the meantime at the

Witnesseth.

rate of £― per
day of

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cent. per annum, on the said next, without any deduction, then the said C. D., his heirs or assigns, will, at any time thereafter, upon the request and at the cost of the said A. B., his heirs, executors, administrators, or assigns, reconvey the said premises unto the said A. B., his heirs or assigns, or as he or they shall direct. AND THIS INDENTURE ALSO WITNESSETH, that, for the consideration aforesaid, he the said A. B. doth hereby, for himself, his heirs, executors, and adminisCovenant to trators, covenant with the said C. D., his executors and administrators, that he the said A. B., or his heirs, and all other necessary parties, (if any), will forthwith effectually surrender into the hands of the lord of the manor of the county of, according to the custom thereof [parcels, general words, supra, p. 110], to the use of TO THE USE of the said C. D., his heirs and assigns, according to the custom of the said manor, and by and under the accustomed rents, fines, heriots, suits, and services, and SUBJECT to a condition for making void the said surrender, corre

surrender copyholds,

the mort

gagee;

subject to
a condition
for making

in

surrender.

Covenant convey, free

for right to

from incumbrances;

sponding with the proviso for redemption herein- void the before contained. AND that until the same premises shall be surrendered in pursuance of this covenant, the said A. B. and his heirs will stand seised of the same premises, IN TRUST for the said C. D., his heirs and assigns, SUBJECT to such equity of redemption as the same would be subject to if the same had been so surrendered as aforesaid (a). [Covenant for payment of interest, and power of sale, as in mortgage of freeholds, supra, pp. 128-132.] AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said C. D., his heirs and assigns, that he the said A. B. now hath power to grant all the said premises hereinbefore expressed to be hereby granted, and to surrender all the said premises herein before covenanted to be surrendered to the use of the said C. D., his heirs and assigns, in manner aforesaid, and free from incumbrances ; AND THAT all the said premises may be quietly entered into, held, and enjoyed by the said C. D., his heirs and assigns, without any interruption by any person; AND THAT he the said A. B., and his heirs, and every other person claiming any estate or interest in the. premises, will, at all times (at the cost, until sale or foreclosure, of the said A. B., his heirs, executors, or

(a) As to this additional covenant, see supra, p. 87, n. (b).

-for further assurance.

administrators, and afterwards of the person or persons requiring the same), execute and do all such assurances and things for further or better assuring all or any of the said premises to the use of the said C. D., his heirs and assigns, in manner aforesaid, as by him or them shall be reasonably required. IN WITNESS &c.

THE SCHEDULE referred to in the abovewritten INDENTURE.

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Parties.

Recital of agreement for mortgage.

XXXVIII.

MORTGAGE of FREEHOLDS and LEASEHOLDS. THIS INDENTURE, made &c., BETWEEN A.B., of &c. [mortgagor], of the one part, and C. D., of &c. [mortgagee], of the other part. WHEREAS &c. [recite the lease, and its having become vested in the mortgagor, ut supra, p. 101]. AND WHEREAS the said C. D. has agreed to lend the said A. B. the sum of £, upon having the repayment thereof, with interest, as hereinafter mentioned, secured in manner hereinafter appearing. Now THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of to the said A. B. this day paid by the Covenant to said C. D., &c. [receipt; and covenant for repayment of mortgage-money, with interest, supra,

Witnesseth.

pay prin

cipal and interest.

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