covenants with the mortgagee to pay him on the next, the sum of £ day of with interest thereon in the meantime at the rate of £5 per cent. per annum [add proviso for reduction of rate, if needed]. And also as long after that day as any principal money remains due under this mortgage to pay the mortgagee interest thereon at the same rate by equal halfyearly payments on the day of and the day of in every year. AND THIS INDENTURE ALSO WITNESSETH, that for the same consideration, A.B., as mortgagor and beneficial owner, hereby conveys to the mortgagee day of All that, &c. (parcels), To hold the same unto and to the use of the mortgagee in fee simple. Provided always, that if the mortgagor or any person claiming under him shall on the pay to the mortgagee the sum of £ and interest thereon at the rate aforesaid, then the mortgagee, or the persons claiming under him, will, at the request and costs of the mortgagor or the persons claiming under him, reconvey the premises to the mortgagor or the persons claiming under him. And the mortgagor hereby covenants with the mortgagee, That the mortgagor will not at any time grant or enter into any agreement to grant any lease of the premises or any part thereof exceeding a yearly tenancy without the consent in writing of the mortgagee. And it is hereby agreed that the mortgagor shall not be entitled to redeem this present mortgage without first paying to the mortgagee any money that may be due to the mortgagee on any other mortgage executed by the mortgagor [or by any person through whom he claims]. And it is further agreed that the mortgagee may at any time, without any further consent on the part of the mortgagor, demise or enter into any agreement to demise the said lands or any part thereof upon any terms he or they may think fit. Provided always that this power shall not be exercised until such time as a mortgagee is by law empowered to sell. And that no lessee under the aforesaid power shall be bound to inquire whether such time has arrived, or be affected by notice that such time has not arrived, and that the said power may be exercised by the person who for the time being is by law empowered to sell. And it is further agreed that the mortgagee may, if he or they shall think fit, insure the said buildings from loss or damage by fire. in a sum not exceeding £ And the mortgagor hereby covenants with the mortgagee to forthwith repay the mortgagee such sums as may be charged from time to time for the premiums on any such insurance. And it is hereby expressly declared that six calendar months' (instead of three calendar months') written notice shall be required on either side before calling up or paying off the said principal sum, any statute to the contrary notwithstanding, but that in all other respects the statutory provisions as to exercising powers of sale shall apply. AND THIS INDENTURE ALSO WITNESSETH, that the mortgagor doth hereby attorn and become tenant from year to year to the mortgagee in respect of the said premises at a yearly rent of £ by equal half-yearly payments, the first payment to be made on the first day of the month next after any interest hereby secured shall have become in arrear, but all money received by the mortgagee for rent under the attornment hereinbefore contained shall be accepted in or towards satisfaction of the interest then in arrear. Provided always, that the attornment. hereinbefore contained shall not render it compulsory on the mortgagee to collect the rent payable thereunder, and that the mortgagee shall not be accountable to a second mortgagee, or any subsequent incumbrancer, for any rent that might have been recovered under such attornment. Provided also, that in case any half-yearly payment of interest or rent shall be in arrear for one calendar month, the mortgagee may at any time by notice in writing forthwith determine the last-mentioned tenancy. In witness, &c. No. 30. Mortgage by Husband and Wife of Freehold Lands belonging to Wife. (a) THIS INDENTURE OF MORTGAGE, made this day of 18, between A. B., of, &c. (mortgagor), and C., his (a) If the property is acquired by the wife after the 1st of January, 1883, the commencement of the Married Women's Property Act, 1882, or belongs to a woman married after that date, the husband will not be a necessary party to a mortgage of her freeholds. paid to A. B. and C. his wife, his wife, hereby wife, of the one part, and D. E., of, &c. (mortgagee), of the other part, WITNESSETH, that in consideration of £ and C., his wife, by D. E., of which sum A. B., hereby acknowledge the receipt, A. B., and C., covenant (a) with D. E. to pay him on the the said sum of £ day of with interest thereon in the meantime at the rate of per cent. per annum, and also as long after that day as any principal money remains due under this mortgage, to pay to D. E., interest thereon at the same rate by equal half-yearly payments, on the day of . AND THIS INDENTURE ALSO WITNESSETH, that for the same consideration, A. B. and C., his wife, as beneficial owner, do by this deed, which is intended to be acknowledged by C. B., pursuant to the statute in that behalf, convey unto D. E., All, &c. (parcels), To hold the same unto and to the use of D. E. in fee simple, subject to the proviso for redemption following, namely, that if the said C., or any person claiming under her, shall on the pay to the said D. E. the sum of £ and interest thereon at the rate aforesaid, then the said D. E., or the person claiming under him will, at the request and cost of the person making such payment, re-convey the premises to the said C., or the persons claiming under her. And A. B. and C. his wife. (Continue as in Precedent No. 24.) In witness, &c. day of No. 31. Mortgage of an Equity of Redemption of Freeholds. THIS INDENTURE OF MORTGAGE, made the day of 18 between A. B., of, &c. (hereinafter called the mortgagor) of the one part, and C. D., of, &c. (hereinafter called the mortgagee), of the other part. Whereas, by an indenture (a) By sec. 7, the covenants for title are implied against the wife, so the covenant for repayment by her is also inserted, and under the Married Women's Property Act, 1882, will be binding upon her to the extent of her separate estate. of mortgage dated, &c., and made between the mortgagor of the one part, and E. F., of the other part, the mortgagor, in consideration of the sum of £ conveyed the lands hereinafter described unto and to the use of E. F. in fee simple, subject to a proviso therein contained for the redemption of the land upon payment by the mortgagor unto E. F. of the sum of £ with interest for the same after the rate of £ per cent. per annum, on the day of . And whereas, the said sum of £ still remains owing to E. F., with interest for the same from the . NOW THIS INDENTURE WITNESSETH, that in consideration of £ (continue as in Precedent No. 24, to end of parcels) To hold the same unto and to the use of the mortgagee in fee simple, subject to the herein before-recited indenture, and the principal sum and interest thereby secured, and subject also to the proviso for redemption (continue as in Precedent No. 24). In witness, &c. day of No. 32. Mortgage of Leaseholds by Executor. of THIS INDENTURE OF MORTGAGE, made the day 18 , between A. B., of, &c. (hereinafter called the mortgagor), of the one part, and C. D., of, &c. (hereinafter called the mortgagee), of the other part. Whereas, by an indenture of lease, dated, &c., and made between E. F., of the one part, and G. H., of the other part, the lands hereinafter described were demised to G. H. for the term of years, from the lessee's covenants and conditions therein G. H. died on the at the yearly rent of £ day of day of bearing date the day of sole executor, and on the Will was duly granted by the day of and subject to the Divorce and Admiralty Division of the High Court of Justice to the mortgaor. And whereas, the mortgagor as such executor as aforesaid, having occasion for the sum of of £ has requested the mortgagee to advance him such sum, which the mortgagee has agreed to do on having the repayment thereof with interest secured to him in manner hereinafter expressed. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of £ paid to the mortgagor as such executor as aforesaid, by the mortgagee, of which sum the mortgagor hereby acknowledges the receipt, the mortgagor, as such executor as aforesaid, hereby conveys to the mortgagee, All, &c. (parcels), And all other the premises comprised in the said lease, To hold the same unto the mortgagee for the residue of the said term of years by the said lease granted (except the last three days thereof). Provided always, that if the mortgagor or other the personal representative of G. H. for the time being, shall, on the day of with interest thereon in the meantime at the rate of per cent. per annum, then the mortgagee, or the person claiming under him, will, at the request and costs of the mortgagor, or such other personal representative as aforesaid, re-convey the land to the mortgagor or such other personal representative as aforesaid. And it is hereby declared, but not so as to create any personal liability on the part of the mortgagor, that if the said sum of £ , pay to the mortgagee the sum of £ day of shall not be paid on the said next, interest thereon at the rate aforesaid shall, as long as any principal money remains due under this mortgage, be payable to the said mortgagee by equal half-yearly payments on the and the day of day of in every year (a) (Insert agreement not to grant leases without consent, and provision against redeeming without payment of other mortgages executed as executor, and power for mortgagee to demise on any terms, and to insure as in Precedent No. 24, and agreement to hold last three days in trust for purchaser as in Precedent No. 26.) In witness, &c. (a) The covenant by the mortgagor as executor, against incumbrances, is implied in sec. 7. |