tee or his representatives shall be entitled to retain all sums to them secured by this deed, whether then or thereafter payable, including all costs, charges, and expenses incurred or sustained, by reason of any failure or default on the part of the said grantors or their representatives to perform and fulfill the condition of this deed or any covenant or agreement herein contained; rendering the surplus, if any, together with an account of such costs, charges, and expenses, to the said grantors, their heirs or assigns.

And it is agreed, that said grantee, his executors, administrators, or assigns, or any person or persons in his or their behalf, may purchase at any sale made as aforesaid, and that no other purchasers shall be answerable for the application of the purchase money; and that, until default in the performance of the condition of this deed, the grantors and their heirs and assigns may hold and enjoy the granted premises and receive the rents and profits thereof.

In witness whereof, the parties to these presents have hereunto set their hand and seals, the day and year above written. A. B. [L. S.] M. B. [L. S.]

Sealed and delivered, in presence of

11. MORTGAGE Deed by IndentURE, WITH POWER of Sale and RELEASE OF DOWER AND HOMESTEAD.

of the

of the first part, and C. D., of

of second part, witnesseth: That the said party of the first part, in consideration of dollars to him paid, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, released, and conveyed, and by these presents does grant, bargain, sell, release, and convey, to the said party of the second part and his heirs and assigns forever, all that (here in

sert description,) with all hereditaments and appurtenances thereto appertaining.

To have and to hold the said premises, with the appurtenances, 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 condition, that if said party of the first part, his heirs or assigns, shall pay to the said party of the second part, his executors, administrators, or assigns, the sum of dollars, on or before the , with interest, 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.

day of

in the year

;

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 above 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 said and in his or their own name or names as the attorney of the said grantor, 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 grantor, and all persons claiming under him, 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 grantee or his representatives shall be entitled to retain all sums then secured by this deed, whether then or thereafter payable, including all costs, charges, and expenses, incurred or sustained by reason of any failure or default, on the part of the said grantor or his representatives, to perform and fulfill the condition of this deed, or any covenants or agreements herein contained; rendering the surplus, if any, together with an account of such costs, charges, and expenses, to the said grantor, his heirs or assigns.

And it is agreed, that said grantee, his administrators, executors, or assigns, or any person or persons in his or their behalf, may purchase at any sale made as aforesaid, and that

no other purchaser shall be answerable for the purchase money; and that, until default in the performance of the condition of this deed, the grantor and his heirs and assigns may hold and enjoy the granted premises and receive the rents and profits thereof.

And, for the consideration aforesaid, I, M. B., wife of the said A. B., do hereby release unto the said grantee and his heirs and assigns, all right of both dower and homestead in the granted premises.

In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year above written. A. B. [L. S.]

Signed, sealed and delivered,

in presence of

M. B. [L. S.]

[Witnessed and acknowledged like any other deed.]

$1000.00

12. MORTGAGE NOTE.

H 1st June, 1869. For value received, I promise to pay to C. D. or order, the sum of one thousand dollars, in three years from this date, with interest semi-annually at the rate of six per cent.

Secured by Mortgage.
Duly
Stamped.

per annum.

For value received, and in consideration of the loan for which the above note is given, which loan is this day made at our request, we hereby jointly and severally guarantee to C. D., above named, his executors, administrators or assigns, the payment of the above note and interest; and in default of pay

ment by the promisor, we hereby promise to pay the same on demand, waiving demand on the promisor, and notice.

14. ASSIGNMENT OF MORTGAGE, WITHOUT COVENANT OR

I, C. D., of

,

WARRANTY.

mortgagee named in à certain mortgage deed given by A. B. to secure the payment of one thou

sand dollars, dated January

Registry, Book

18 and recorded in H.

Page , in consideration of one thousand

dollars to me paid by E. F., of do hereby assign to the said E. F., the said mortgage deed, the note and claim thereby secured, and all my interest in the estate thereby conveyed. To hold the same to the said E. F., and his heirs and assigns, to his and their use and behoof forever.

In witness whereof, I, the said C. D., have hereunto set, &c. [Should be witnessed and acknowledged.]

15. See "ASSIGNMENT," Form No. 3, ASSIGNMENT OF MORTGAGE WITH COVENANT AS TO AMOUNT DUE.

16.

ASSIGNMENT OF MORTGAGE WITH COVENANT AS TO AMOUNT DUE, AND GENERAL WARRANTY OF TITLE AS MORTGAGEE. I, C. D., of

, mortgagee named in a certain mortgage deed given by A. B. to secure the payment of one thousand dollars, dated January Registry, Book Page, dollars to me paid by E. F. of do hereby assign to the said E. F. the said mortgage deed, the note and claim thereby secured, and all my interest in the estate thereby conveyed, hereby authorizing him to collect the money due on the same, in my name or otherwise, but at his own cost

18 , and recorded in H.

in consideration of one thousand

and charges; covenanting that the sum of sides interest, is now due thereon.

dollars, be

To have and to hold the same to the said E. F., and his heirs and assigns, to his and their use and behoof forever. And I hereby covenant with said E. F., that I am entitled to possession of said premises as mortgagee; that the estate conveyed by said mortgage is free from all incumbrances; and that I will warrant and defend the same to said E. F., his heirs and assigns forever, against the lawful claims and demands of all persons, subject, however, to the right of the mortgagor, his heirs and assigns, to redemption therein. In witness whereof, I, the said C. D., have hereto set my hand and seal, this

Signed and sealed

day of

. 18

A. B. [L. S.]

in presence of

[To be acknowledged.]

17. EXTENSION OF MORTGAGE, AS TO TIME OF PERFORMANCE

OF CONDITION.

We, L. M., assignee of a mortgage from A. B. to C. D. dated January 1, 1869, and recorded in H

Registry,

Book , Page and N. O., the present owner of the equity of redemption of the estate described in said mortgage, hereby mutually agree to extend the time of payment of said mortgage and of the note secured thereby, until the first day of January, in the year eighteen hundred and seventy, anything in the condition of said mortgage to the contrary notwithstanding, the interest being payable semiannually as heretofore.

Witness our hands and seals, this January 1, 1869.

L. M. [L. S.]

In presence of

N. O. [L. S.]

[Should be acknowledged.]