of

No. 33.

Mortgage of a Mortgage of Freeholds.

THIS INDENTURE OF MORTGAGE, made the

day

, 18, between A. B., of, &c. (mortgagor), of the one part, and C. D., of, &c. (mortgagee), of the other part. (Recite mortgage, and that money still due, as in Precedent No. 31.) NOW THIS INDENTURE WITNESSETH, that in consideration of £ (continue

as

as in Precedent No. 24). AND THIS INDENTURE ALSO WITNESSETH, that for the same consideration, A. B., as beneficial owner under the said indenture of mortgage, doth hereby convey to C. D., All that the said principal sum of £ now due to A. B. upon the security of said indenture of mortgage, and all interest now or henceforth to become due for the same, and the benefit of all the covenants and powers contained in the said indenture, or by law vested in a mortgagee, together with full power to demand, sue for, and receive, and to give receipts for the said principal sum and interest in the name of A. B., or otherwise. To receive and take the said principal sum and interest, subject to the proviso for redemption hereinafter contained. AND THIS INDENTURE FURTHER WITNESSETH, that for the consideration aforesaid, A. B., beneficial owner, hereby conveys unto C. D. All and singular the lands conveyed by the recited indenture of mortgage, To hold the same unto and to the use of C. D., in fee simple, subject to such equity of redemption as the same are now subject to by virtue of the said indenture of mortgage, and also subject to the proviso for redemption following, namely (insert proviso for redemption as in Precedent No. 24). And A. B. hereby covenants with C. D., that the said sum of £ .is still due from the mortgagor to him, A. B. Provided always, and it is hereby agreed, that it shall not be incumbent on C. D. to sue for or require payment of the said principal sum and interest, or any part thereof, nor shall he be responsible for any loss that may arise by reason of his omission to enforce any of the securities for the said principal sum and interest.

In witness, &c.

No. 34.

Mortgage of a Legacy.

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, E. F., late of

day of,

and by his Will, dated

and the said Will was, proved in the

on the Probate Registry of the Probate, Divorce and Admiralty Division of the High Court of Justice. And whereas, the said legacy has not yet been paid to the mortgagor. NOW THIS INDENTURE WITNESSETH, that in consideration of £ (continue

as in Precedent No. 24). AND THIS INDENTURE ALSO WITNESSETH, that for the same consideration, the mortgagor, as beneficial owner, hereby conveys to the mortgagee the said legacy of £1,000, given by the said Will to the mortgagor, and full power to sue for, receive, and give receipts for the said legacy in the name of the mortgagor, or otherwise; to receive the said legacy unto the mortgagee, upon trust to apply the same in the manner prescribed by law (a).

A. B., of, &c. (hereinafter called the mortgagor), and C. D., of, &c. (hereinafter called the mortgagee), and supplemental to an indenture of mortgage dated the

day of

the same parties, for securing the sum of £

and made between

and interest at per cent. per annum, on the property and land therein mentioned, WITNESSETH, that in consideration of the further sum of

(a) Sec. 22 provides for the proper application of money received by mortgagee from the proceeds of securities comprised in the mortgage.

£

paid to the mortgagor by the mortgagee, of which sum the mortgagor hereby acknowledges the receipt, the mortgagor hereby covenants with the mortgagee to pay him on the

the said sum of £

the rate of

per cent.

day of

with interest thereon in the meantime at per annum, and also, so long after that day as any principal money remains due under this mortgage, to pay to the mortgagee interest thereon at the same rate, by equal half-yearly payments, on the

day of

and the

day of

, and further, that all the lands comprised in the beforementioned indenture of mortgage shall stand charged with the payment to the mortgagee of the sum of £ and the interest thereon hereinbefore covenanted to be paid, as well as the sum of and interest secured by the same indenture.

£

In witness, &c.

No. 36.

Form of Bill of Sale.

THIS INDENTURE, made the

day of

18

between A. B., of, &c., of the one part, and C. D., of, &c., of the other part, witnesseth that in consideration of the sum of £ now paid to A. B. by C. D., the receipt of which the said A. B. hereby acknowleges [or whatever else the consideration may be], he the said A. B. doth hereby assign unto C. D., his executors, administrators, and assigns, all and singular the several chattels and things specifically described in the schedule hereto annexed by way of security for the payment of the sum of £ and interest thereon at the per cent. per annum [or whatever else may be the rate]. And the said A. B. doth further agree and declare that he will duly pay to the said C. D. the principal sum aforesaid, together with the interest then due, by equal

rate of

the

day of

[or whatever else may be the stipulated times or time of payment]. And the said A. B. doth also agree with the said C.D. that he will [here insert terms as to insurance, payment of rent, or otherwise, which the parties may agree to for the maintenance or defeasance of the security].

Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C. D. for any cause other than those specified in section seven of the Bills of Sale Act (1878) Amendment Act, 1882.

In witness, &c.

Signed and sealed by the said A. B. in the presence of me E. F. [add witness' name, address and description].

A. B., of, &c. (hereinafter, called the transferor), of the first part, C. D., of, &c. (hereinafter called the mortgagor), of the second part, and E. F., of, &c. (hereinafter called the transferee), of the third part. Whereas, by an indenture of mortgage dated, &c., and made between the mortgagor of the one part, and the transferor of the other part, the mortgagor, in consideration of the sum of £ , conveyed the lands hereinafter described unto and to the use of the transferor, in fee simple, subject to a proviso therein contained for the redemption of the land, upon payment by the mortgagor unto the transferor of the sum of £ with interest for the same after the rate of

£

per cent. per annum, on the And whereas, the said sum of £ transferor, with interest for the same from the

day of

day of

still remains owing to the

And whereas, the transferee has agreed to pay to the transferor the sum of £ on having a transfer of the said mortgage debt and of the interest thereof and of the securities for the same in manner hereinafter appearing. NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of £ paid to the transferor by the transferee, of which sum the transferor hereby acknowledges the receipt, the transferor, as beneficial owner, hereby conveys unto the transferee, All that the said principal sum of £

secured by the hereinbefore-recited indenture as aforesaid, and all interest henceforth to become due in respect of the same, and the

full benefit of the covenants and other powers and provisions contained in the same indenture, for securing the payment of the said principal sum and interest, To receive and take the said principal sum and interest unto the transferee absolutely. AND THIS INDENTURE ALSO WITNESSETH, that for the same consideration, the transferor, as mortgagee, doth hereby convey, and the mortgagor, as beneficial owner, doth hereby convey and confirm unto the transferee, All, &c. (parcels), To hold the same unto and to the use of the transferee in fee simple, subject to such equity of redemption as is now subsisting therein under the herein beforerecited indenture of mortgage (a).

In witness, &c.

of

No. 38.

Transfer of Mortgage of Freeholds, Mortgagor not joining. THIS INDENTURE OF TRANSFER, made the

day

18 between A. B., of, &c. (hereinafter called the transferor), of the one part, and C. D., of, &c. (hereinafter called the transferee), of the other part. Whereas, by an indenture of mortgage dated, &c., and made between E. F., of the one part, and the transferor, of the other part, E. F., in consideration of the sum of £ conveyed the lands hereinafter described unto and to the use of the transferor; in fee simple, subject to a proviso therein contained for the redemption of the land, upon payment by E. F. unto the transferor of the sum of £ with interest for the same after the

rate of £ per cent. per annum, on the day of whereas, the said sum of £

And

And

still remains owing to the transferor,

day of

with interest for the same from the whereas, the transferee has agreed to pay to the transferor the sum of £ on having a transfer of the said mortgage debt, and of the interest thereof, and of the securities for the same in manner hereinafter appearing. NOW THIS INDENTURE WITNESSETH, that in consideration of £ paid to the transferor by the trans

(a) The mortgagee's covenant against incumbrances is implied (sec. 7).