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To hold the property above granted to the said C. D. and his assigns forever.

And the said C. D., for himself and his heirs, covenants with the said A. B., that he will pay or cause to be paid to the said A. B., dollars yearly, during the term of the natural life of the said A. B., by four equal payments, the first payment to be made on the

day of

the following ones quarterly thereafter.

next, and

Provided always, that if the said C. D., his heirs, executors, and administrators, shall at any time neglect or refuse to pay the said annual sum in the manner aforesaid, it shall be lawful for the said A. B., the property hereby granted to repossess and enjoy, as in his former estate.

In witness whereof, the said parties have set their hands and seals to this and another instrument of like tenor and

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6. I, A. B., of

lars to me paid by C. D. of convey unto the said C. D., parcel of land in

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his heirs and assigns, a certain bounded and described as follows, viz: [describe the land,] with the appurtenances thereto belonging.

To hold the above granted premises to the said C. D., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., for myself and my heirs, do covenant with the said C. D., his heirs and assigns, that I am lawfully seized in fee of the afore granted premises; that they are free from all incumbrances; that I have good right to sell and convey the same to the said C. D. and his heirs as aforesaid; and that I will, and my heirs, executors and adminis trators shall, warrant and defend the same to the said C. D.,

his heirs and assigns forever, against the lawful claims and demands of all persons.

Provided, nevertheless, that if the said A. B., his heirs, executors, and administrators, shall pay unto the said C. D., his executors, administrators, or assigns, the sum of

dollars, in years from the date of these presents, with interest on said sum at the rate of per cent. payable semiannually, and until such payment keep the buildings on the land aforesaid insured against fire, in a sum not less than

dollars, for the benefit of the said mortgagee and his assigns, at such insurance office as the said C. D. shall ap prove, then this deed, as also a certain promissory note bearing even date with these presents, signed by the said A. B., whereby the said A. B. promises to pay the said sum and interest at the times aforesaid, shall be void.

[And provided also, that, until default of the payment of the said sum or interest, or other default as herein provided, the mortgagee shall have no right to enter and take possession of the premises.] (a)

In witness whereof, I, the said A. B., have hereunto set my hand and seal this in the year of our

Lord eighteen hundred and

day of

Signed, sealed and delivered

in presence of

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A. B. [L. S.]

7. MORTGAGE, POWER OF SALE.

[After the close of the third paragraph in No. 6, add :] And provided also, that at any time after [here state the time, if weeks or months] continuance of any breach of the foregoing condition, the grantee, or [his or their, as the case

(a) It is hardly necessary to make provision for continued possession by the mortgagor; as, while the mortgagee in the absence of any agreement to the contrary has an undeniable right to present possession, on the execution of the mortgage, the rights which the mortgagor has, to call him to account for rents and profits, will prevent his doing so, unless the dishonesty of the mortgagor or other sufficient cause render it desirable.

may be,] executors, administrators, or assigns, may sell and dispose of the granted premises, with all improvements that may be thereon, at public auction; such sale to be in said. without further notice or demand, in each

of

except giving notice of time and place of sale, of three successive weeks, in newspaper, printed in the aforesaid and in his or their own names, or as the attorney of the grantor, for that purpose by these presents duly authorized, convey the same, absolutely and in fee simple, to the purchaser or purchasers accordingly; and shall hold and apply the proceeds of such sale,-first, to pay and reimburse to said grantee all sums of money then secured by this deed, (whether then or thereafter payable, together with interest and all costs and expenses, including all sums paid by said grantee for insurance of the premises ;) and secondly, to pay the surplus, if any, to the grantor or his assigns; or in case such sale shall be made under any decree of or proceeding in any court, then to the court by which such sale shall have been decreed; and such sale shall forever bar the grantor and all persons claiming under him from all right and interest in the premises, at law or in equity. It being mutually agreed, that the said grantee or his assigns may bid and be the purchaser at such auction sale, and that no purchaser shall be answerable for the application of the purchase money.

And provided also, that till some breach of the conditions. of this deed, the grantee shall have no right to enter and take possession of the premises.

In witness whereof, I, the said A. B., and Sarah my wife, in token of her release of all right of dower and homestead in the granted premises, have hereunto set our hands and seals, this day of , in the year, &c. Signed, sealed, and delivered, in presence of

A. B. [L. S.]
S. B. [L. S.]

[Must be acknowledged and recorded.]

NOTE.-Incumbrances, &c., must be stated, and, if the grantor is married, the wife should join the husband in the conveyance of the estate, and therein release her claim to dower, and also to homestead, if there be one, although, in some

of the States (as Connecticut) a wife is dowable only in lands of which the husband dies seized or possessed, in which case of course no release is required, and no release of homestead, except in States in which such homestead is secured to the family.

8. DISCHARGE OF MORTGAGE TO BE ENTERED ON THE RECORD, IN MASSACHUSETTS, &C.

In many States, mortgages may be discharged by the mortgagee acknowledging payment thereof by an entry on the mortgage, which entry must be recorded in the margin of the record in the registry of deeds, or wherever the mortgage is recorded.

The following form of discharge is used in Massachusetts, Ohio, Illinois, Michigan, and several other States.

B, May 1, 1859. I have received full satisfaction of the debt secured by this mortgage, and hereby cancel and discharge the same.

C. D.

The mortgage can also be discharged by a deed of release.

9.

SATISFACTION OF MORTGAGE IN NEW YORK.

I, A. B., of the town of

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mortgage, bearing date the day of

hereby certify, that a , in the year

made and executed by C. D. to me, and recorded in the office

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[In Connecticut, and many of the other States, the usual mode of releasing a mortgage is by deed of quitclaim; which should be duly acknowledged, wit. nessed, and recorded, as in case of conveyance of land thereby; but, when used simply to release a mortgage it need not be stamped.]

10. MORTGAGE OF LANDS OF WIFE BY HUSBAND AND WIFE, WITH POWER OF SALE.

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in the year

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of

one thousand eight hundred and between A. B. of and M. B., his wife, of the first part, and C. D. of the second part, witnesseth: That the said parties of the first part, in consideration of to them paid, the receipt whereof is hereby acknowledged, have bargained, sold, and conveyed, and by these presents do bargain, sell, and convey, to the said party of the second part and his heirs and assigns forever, all that (here insert description,) with all hereditaments and appurtenances thereto appertaining.

To have and to hold, the said premises, with the ap purtenances, to said party of the second part, his heirs and assigns, to his and their use and behoof, forever. Provided always, and these presents are upon this condition, that if said parties of the first part, their heirs or assigns, shall pay to the said party of the second part, his executors, administrators, or assigns, the sum of on or before

day of

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in the year

,

with in

the terest according to the condition of a bond (or note) of the said A. B. to the said C. D., bearing even date herewith, then these presents shall be void.

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But upon any default in the payment of the money above mentioned, or of the interest thereon, said grantee, his executors, administrators, or assigns, may sell the granted premises, with all improvements that may be thereon, at public auction in said first publishing a notice of the time and place of sale, once each week for three successive weeks in one or more newspapers published in , aforesaid; and in his or their own name or names, as the attorney of the said grantors, may convey the same by proper deed or deeds, to the purchaser or purchasers, absolutely and in fee simple: and such sale shall forever bar the grantors and all persons claiming under them from all right and interest in the granted premises, whether at law or in equity.

And out of the money arising from such sale, the said gran

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