to said M. E. the sum of —, with interest, as follows, viz.,, which said sum and interest the said M. R. hereby covenants to pay, then this transfer to be void and of no effect;

But in case of non-payment of said sum, at the time or times above mentioned, together with interest,, the said M. E. may give to the said M. R., or to the person in possession of the property, claiming the same, written notice as required by law of his intention to foreclose the mortgage for breach of condition thereof, and if the said sum is not then paid, the said M. E. shall have full power and authority to enter the premises of M. R., and any other place or places where the goods and chattels aforesaid may be, and take possession of said property, and sell the same according to law, and the avails, after deducting all expenses of the sale and keeping of the said property, to apply in payment of the above debt;

If from any cause said property shall fail to satisfy said debt, interest, costs, and charges, the said M. R. covenants and agrees to pay the deficiency;

In witness whereof, M. R. has hereunto set his hand and seal the day of —, in the year of our Lord one thousand eight hundred and (Signed) M. R. [Seal.]

etc.

Sealed and delivered

in presence of W. S.

Parties may include in the mortgage covenants not inconsistent with the provisions of the act.

Assignments and releases may be by instrument in writing, signed by the mortgagee, or his agent, and recorded.

Foreclosure is effected after breach upon thirty days' notice, either personally or by public advertisement inserted weekly four times, etc., and sale of the mortgaged property at public sale.

Where goods remain in possession of the mortgagor, the mortgage must be recorded in the recorder's office of the county where goods are.

Lien takes effect from the time of filing and indexing the mortgage.

Mortgagor must disclose to any person or corporation about to purchase the fact of property being so mortgaged, the amount of mortgage, place of recording, and time of its maturity, under penalty.

Redemption may be at any time before foreclosure, on payment of the debt.

Renewal. Such mortgages are good for only three months after maturity of the obligation they secure; but time may be extended one year, by mortgagee filing a statement of his interest within those three months. Satisfaction is entered in like manner as mortgages of real estate.

RHODE ISLAND.

Mortgages of Real Property. Acknowledgment. Same as DEEDS, above. Executed same as DEEDS, above. Foreclosure is effected by sale under a power given in the mortgage after ten or twenty (as stipulated therein) days' notice by advertisement in a public newspaper, twenty days after default. In the absence of such power the mortgagee must foreclose by bill in equity, usually within a year; or he may obtain possession of the real estate by suit at law in six or nine months. Possession of real estate may also be taken by the mortgagee by peaceable and open entry in the presence of two witnesses, whose certificate thereof must be recorded.

Recorded in the town clerk's office of the town wherein the real estate is situated.

Redemption. When foreclosed by action or suit, or possession obtained, it may be had within three years. Satisfaction or discharge may be made on the face of the record by the mortgagee, or by a separate instrument of satisfaction or release.

See GENERAL FORMS, below.

Mortgages of Personal Property. Chattel mortgages are executed, acknowledged, and recorded same as mortgages of real property. If the mortgagee takes possession of the chattels, that will dispense with recording.

Foreclosure, redemption, and satisfaction. Same as other mortgages. See GENERAL FORMS, below.

SOUTH CAROLINA. Mortgages of Real Property. Acknowledgment. Same as DEEDS, above. Executed same as DEEDS, above.

Foreclosure is effected by an ordinary suit for that

purpose.

Recording must be within forty days after exe

cution.

Satisfaction is made and entered of record in any of the usual forms.

See GENERAL FORMS, below.

SOUTH DAKOTA.

Mortgages of realty executed and acknowledged as deeds. Mortgagee must state post-office address before recording. Foreclosure by power in mortgage or by suit. Redemption within year from sale. Chattel mortgage may be foreclosed without suit.

See GENERAL FORMS, below.

TENNESSEE.

Mortgages of Real Property. Acknowledgment. Same as DEEDS, above. Execution. Same as DEEDS, above.

Foreclosure by suit and decree in accordance with the terms of the instrument.

Registration. Same as DEEDS, above.

Satisfaction is entered in any of the usual forms.
See GENERAL FORMS, below.

Mortgages of Personal Property. Chattel mortgages are made in the usual form and registered in the county where the mortgagor resides; if a non-resident of the State, then registered in the county where the chattels are situated at the time of executing the mortgage.

See GENERAL FORMS, below.

TEXAS.

Mortgages of Real Property. Acknowledgment. Same as DEEDS, above. Executed saine as DEEDS, above.

Foreclosure is effected either through the desig nated trustee, or through court decree of foreclosure. Fraudulently dealing with the mortgaged personalty so as to defeat the lien is a penal offence. Recording. Same as DEEDS, above. Redemption may be effected before foreclosure and sale, but not after.

See GENERAL FORMS, below.
Mortgages of Personal Property.
See GENERAL FORMS, below.
UTAH.

Mortgage of realty not a conveyance without foreclosure and sale. Forclosure must be had by action in accordance with code provisions. Redemption any time within six months. Chattel mortgages need not be acknowledged. Must be filed in office of county recorder, unless property be retained by mortgagee. Only good for one year, unless renewed. Must be executed by both husband and wife.

VERMONT.

Mortgages of Real Property. Acknowledgments. Same as DEEDS, above. Executed same as DEEDS, above.

Foreclosure is effected by proceedings in the chancery court, or by action in ejectment on application of defendant. Title passes to mortgagee, if land is not redeemed within time fixed in decree-one year where security is sufficient, less time, when not so, at discretion of court.

Recording. Same as DEEDS, above. Redemption. See FORECLOSURE, above. Satisfaction, release, or discharge may be made by the mortgagee, his assignee or personal representative, indorsing an acknowledgment thereof on mortgage under his hand and seal, or by entry of satis

the

faction, etc., on the margin of the record, or by separate instrument, duly acknowledged and recorded, or by a quit-claim deed of the mortgaged premises.

See GENERAL FORMS, below.

Mortgages of Personal Property. Chattel mortgages must be executed and recorded as those of realty. May be satisfied as other mortgages. Foreclosure had by public sale thirty days after breach, and with ten days' notice.

See GENERAL FORMS, below.
VIRGINIA.

Mortgages and Trust Deeds of Real and
Personal Property.

Mortgages are superceded in general practice by deeds of trust. See WEST VIRGINIA, below.

See DEEDS; DEEDS OF TRUST, above.

WASHINGTON.

Mortgages executed same as deeds. Foreclosed by proceedings in equity. Redemption may be had within a year from sale. Chattel mortgage must be recorded. Binding until six years after due. Mortgaged property may be taken into possession by mortgagee when debt is due.

WEST VIRGINIA.

Mortgages and Deeds of Trust of Real and Personal Property. Acknowledgment. Same as DEEDS, above. Executed same as DEEDS, above, but contain a clause of defeasance.

Foreclosed or enforced by a decree of a court of equity. No time is specified for such foreclosure or enforcement.

Married women should be joined in the conveyance in order to bar their dower and homestead exemption, except when the conveyance is given to secure purchase-money.

Recording. Same as DEEDS, above,

Release or satisfaction is effected by a short deed of release.

Mortgages or trust-deeds of personal property are the same as those in real estate, where possession is not transferred.

WISCONSIN.

Mortgages of Real Property. Acknowledgment. Same as DEEDS, above. Executed same as DEEDS, above, except the addition of conditions, etc. Any conveyance intended as a security is deemed a mortgage.

Foreclosure is by action or advertisement under

power.

Married women need not join in a purchase-money mortgage in order to bar dower. No mortgage of a homestead is valid unless the wife joins in its execution. Recording. Same as DEEDS, above.

Redemption may be effected within one year after sale, if the foreclosure is by advertisement.

Satisfaction, release, or discharge of the mortgage may be by cancellation, by receipt indorsed thereon, by an entry on the margin of the record, signed by the mortgagee, his assignee, or personal representative, etc., in presence of the register of deeds.

On proof of payment, the circuit court may order the mortgage discharged, and order a record of such discharge to be made by the register of deeds.

See GENERAL FORMS, below.

Mortgages of Personal Property. Chattel mortgages are executed in the ordinary form, and will be void as against third parties unless accompanied by the immediate delivery and continued charge of possession of the mortgaged property, or unless the mortgage or a true copy thereof be filed with the clerk of the town where the mortgagor resides; if the mortgagor is a non-resident, then such mortgage or copy must be filed in the town where the property was when it was xecuted. Chattel mortgage of exempt property must be signed by the wife, in presence of two witnesses.

I (or we, A. B., of and W. B. his wife), for a consideration, etc. (convey, or) mortgage, etc.

This (conveyance, or indenture, or mortgage, bipartite, tripartite, quadripartite, etc.), witnesseth: That, etc.

This (conveyance, or indenture, or mortgage, etc.), made thisday of witnesseth: That, etc.

This (conveyance, or mortgage, etc.), made this day of, by A. B., of -, to C. D., of —, That, etc.

witnesseth:

Know ye:

That this (conveyance, or indenture, or mortgage, etc.), by and between the, a corporation existing under the laws of the State (or Commonwealth) of, of the first part, and C. D., E. F., and G. H., a company doing business under the firmname and style of the D., F., H. manufacturing company, of the second part, witnesseth. That, etc.

Premises in Mortgages of Real
Property.

See other Conveyances.

1. STATEMENT OF PARTIES. See DEEDS, ante, p. 299, above. 2. RECITALS FOR EXPLANATION. See DEEDS, ante, p. 299, above.

3. DESCRIPTIONS OF PROPERTY MORTGAGED, etc.,
WITH EXCEPTIONS, ETC.
See DEEDS, ante, p. 300, above.

Habendum in Mortgages of Real
Property.

See DEEDS, above.

The habendum limits and defines what estate the grantee is to have in the premises conveyed, as, an estate for lives, years, or a less period; an absolute or conditional, joint or several, restricted, or limited estate, etc., etc. In mortgages the estate of the de mortgagee pends upon some condition or default, etc. See CONDITIONS, etc., below.

j-Code Ch. 76, 221, 2.

ANOTHER-When Leased PREMISES ARE MortGAGED.

That said premises, and all and singular the appurtenances hereinbefore mentioned and assigned, now are, and from henceforth during the residue of said term of, by said lease granted, shall remain and continue unto said C. D., his executors, etc., discharged and free from all charges and incumbrances of all and every kind and nature whatsoever.

That the rents and covenants in said lease reserved and contained, which from any such breach or default in the payment of the money according to the condition or proviso aforesaid, shall grow due on the tenant's and lessee's part and behalf, to be paid and performed, and also the lease bearing date the day of, made by said, of the hereby mortgaged premises, which rent, from and after any such breach or default shall happen as aforesaid, shall become due and payable (and be forfeited) unto said C. D., his executors, administrators, and assigns.

COVENANT-Lease MortgagED IS VALID. That said lease at the time of the (execution, or) sealing and delivering of these presents is a good, sufficient, valid and effectual lease in law: that it is unforfeited and unsurrendered, and that said C. D. shall hold and enjoy said premises for and during the remainder of said term herein granted.

COVENANT-PAYMENT OF MONEY.

That said A. B, for himself, his heirs, executors, and administrators, does covenant, promise, and agree, to and with said C. D., his executors, administrators, and assigns, that he shall and will well and truly pay or cause to be paid said sum of dollars, with interest for the same, after the rate, and at the time and in the manner above limited for the payment thereof, and according to the true intent and meaning of the above-written condition and proviso.

COVENANT-PAYMENT OF TAXES, ETC. That said A. B., his heirs, executors, and administrators, shall and will, from time to time, and at all times hereafter, and until the sum of

dollars, and interest thereon, shall be fully paid unto said C. D. as aforesaid, pay and discharge all and all manner of taxes and assessments which shall be laid or assessed thereupon, or upon any part thereof, or upon said C. D., his executors, administrators, or assigns, for or in respect thereof, or any part of the same, by authority of the (Congress of the United States, general assembly, or legislature, or court, or council, etc., etc., of the commonwealth, or State, or municipality, etc.) That he will save harmless and keep indemnified said C D., his executors, etc., of and from all actions, charges, and damages which shall or may happen in anywise howsoever, by reason of the non-payment of said taxes or assessments. COVENANT-POWER TO ASSIGN.

Power to Assign the Lease Mortgaged. That said A. B. now has in himself full power and good right to assign, grant, and mortgage said lease and the premises therein demised unto said C. D., his executors, etc., in the manner and form aforesaid.

COVENANT-REASSIGNMENT UPON PAYMENT, ETC. That upon full payment and discharge of said sum of dollars (and all taxes and assessments that shall be set upon said C. D., his executors, etc., in respect thereof, according to the condition or proviso aforesaid, and the true intent of these presents), he, the said C. D., his executors, etc, shall and will at any time after, upon the lawful request and at the proper costs and charges of said A. B., his executors, etc., deliver up this present conveyance (or mortgage) to be cancelled and made void, or otherwise reassign or reconvey all the right, title and interest in or to said premises therein conveyed unto said A. B., his executors, etc., or such other persons as he or they shall, by writing, under his or their hands (and seals), appoint or direct, by writing, under his or their hand and se 1 (and likewise to deliver up to him or them the said leas, made by - to said A. B.), freed and dis

charged of and from all incumbrances of what ever nature or kind soever.

COVENANT-RECEIPT to Be a Good Discharge. For Purchase-Money;

That the receipt or receipts of said C. D., or his executors, administrators or assigns, shall be a good and sufficient discharge to the purchasers of said premises, or any part thereof, for their purchase-money, and that such purchasers, their heirs, executors, or administrators, shall not after payment thereof, and having such receipt, be liable to see to its being applied upon or for the trusts or purposes of in these presents expressed, or by the same intended, or in any manner howsoever unsuitable, or liable for any loss, misapplication, or non-application of such purchase-money, or any part thereof (or be in an manner obliged to inquire into the necessity, expediency, or authority of or for any such sale or sales).

COVENANT-RIGHT TO CONVEY.

That he, the said A. B., now has in himself good right and full power to give, grant, sell and Convey the premises above (or hereinbefore) granted unto and to the use of said C. D., his heirs and assigns, in the manner aforesaid and according to the intent of these presents.

COVENANT-SALE ON DEFault, etc.

That if default shall be made in the payme..t of said sum of money above mentioned, or any part thereof, or of the interest that may grow due thereon, or of any part thereof, and remain due and unpaid at the expiration of days after the same shall become due and payable according to the condition of said bond, then, and from thenceforth it shall be lawful for said party of the second part, his executors, administrators and assigns, to consider the whole of said principal sum and sums as aforesaid, as immediately due and payable, and to enter into and upon all and singular said premises hereby granted, and to sell and dispose of the same (and all benefit and equity of redemption of said party of the first part, his heirs, executors, administrators, or assigns therein) at public auction according to law.

That the attorney of said party of the first part is by these presents duly authorized, constituted, and appointed for that purpose to make and deliver to the purchaser or purchasers thereof a good and sufficient deed or deeds of conveyance in law for the same, in fee simple; and out of the moneys arising from such sale to retain the principal and interest which shall then be due and owing on said bond or obligation, together with the costs and charges of the sale of said premises, returning the overplus of said purchasemoney, if any there shall be, unto said party of the first part, his heirs, executors, administrators or assigns.

That said sale so made shall forever be a perpetual bar, both in law and equity, against said party of the first part, his heirs and assigns, and all other persons claiming or to claim said premises, or any part thereof, by, from, or under him, them, or either of them.

COVENANT SALE, ETC.-ON DEfault, etc. Provided always, and it is hereby expressly agreed between the parties hereto :

That if default shall be made in the payment of said sum of dollars, and interest, or any part thereof, then and in such case it shall and may be lawful for the said C. D., his heirs or assigns, immediately on or at any time thereafter, without further authority from said A. B., his heirs or assigns, for that purpose than is herein contained, either to foreclose the equity of redemption of said A. B., or without hindrance, molestation, or opposition, to make sale absolutely, or otherwise dispose of all and every the said mortgaged premises, or any or either of them, or any part thereof, with their appurtenances; either together or in separate parcels, at one or at separate times, at his or their discretion, and at or for such sum or sums of money as he or they shall judge sufficient at any such sale or sales to buy the same or any part thereof, and re-sell the same without being answerable for any loss hereby to be sustained, and to convey

and assume all and singular the premises which shall be sold, to the purchasers thereof, his or their heirs, executors, administrators, appointees or assigns, or otherwise, as he or they shall direct or require, freed and absolutely discharged of and from all equity and right of redemption whatsoANOTHER.

ever.

That said C. D., his heirs, etc., may, at the expiration of from this date, or at any time thereafter, at his or their option, sell and dispose of said premises at public auction, giving due notice thereof, and shall apply the proceeds of such sale to pay said sum of dollars, and interest thereon, and to defray the necessary expenses of such sale; and if, after paying said sum and interest and expenses, there should remain any balance or surplus of said proceeds, then to pay the same to said A. B., or his legal representative. COVENANT-SALE-NOTICE of, etc.

Provided always, nevertheless:

That no sale, or public notice or advertisement of or for any sale of said premises, or any part thereof, shall be made or given by said C. D., his heirs, etc. (nor any means by him or them taken for obtaining possession of, or receiving of the rents of said premises, or any part thereof), until the expiration of calendar months after notice in writing of his or their intention to sell (obtain possession, or receive the rents of) said premises shall have been given, said A. B., his heirs or assigns, or left at his or their last or usual place of abode. For other COVENANTS, see MORTGAGE Forms, below.

Conclusions in Mortgages of Real
Property.

See DEEDS, above.

Signature (and Seals).
See DEEDS, above.

Attestation or Witness Clauses.
See DEEDS, above.

Acknowledgment of Mortgages of Real
Property.

All instruments for the conveyance, or incumbrance, or in anywise affecting real estate or any interest there. in, must be recorded in the proper office for the recording of deeds, etc., in order to affect judgment creditors, subsequent purchasers, mortgagees, etc. See GENERAL STATUTES.

SHORT FORM MORTGAGES OF REAL PROPERTY.

MORTGAGE-SIMILAR TO CHANCELLOR KENT'S DEED. See SHORT FORM DEEDS, p. 303, ante.

I, A. B., in consideration of, to me paid by C. D., do mortgage unto C. D. (and his heirs) the lot of land (bounded or described), etc.

To secure the repayment (or performance) of (state what, amounts, places, times, etc., etc.)

A. B. mortgages and warrants to C. D. (describing premises).

To secure the repayment of (state what, the amounts, modes, places, time or times of payment, etc., etc.)

Dated, signed, and sealed, this day of. A. B. [Seal.]

For form of ACKNOWLEDGMENT, see that title. MORTGAGE-AFTER VIRGINIA AND TEXAS DEED, A. B. doth bargain, sell, and mortgage unto C. D. (here follows a description of the real estate mortgaged.)

To secure the repayment (or performance) of,

etc.

Witness the following signature and seal.
A. B. Seal.]

For form of ACKNOWLEDGMENT, see that title. Mortgage of Real Property-General Form. With Covenant to Pay, and Power to Sell on Default. This (conveyance, or indenture, or mortgage), made this day of -, by (or between) A. B., of of the first part, to (or and) C. D., of —, of the second part, witnesseth:

That the said party of the first part, for and in consideration of the sum of dollars, does grant, bargain, sell and convey unto the said party of the second part, and to his heirs and assigns, all (here follows the description of the prem ises mortgaged); together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining.

This conveyance is intended as a mortgage, to secure the payment of the sum of dollars, in

from the day of the date of these presents, with interest, according to the condition of a certain bond, dated this day, executed by the said A. B., to the said party of the second part; and these presents shall be void if such payment

be made.

But in case default shall be made in the payment of the principal, or interest, as above provided, then the party of the second part, his executors, administrators and assigns, are hereby empowered to sell the premises above described, with all and every of the appurtenances, or any part thereof, in the manner prescribed by law; and out of the money arising from such sale, to retain the said principal and interest, together with the costs and charges of making such sale; and the overplus, if any there be, shall be paid by the party making such sale, on demand, to the party of the first part, his heirs or assigns, etc. In witness whereof, said party of the first part has hereunto set his hand (and seal) the day and year first above written.

Executed in presence of

[Signature (and seal.)]

For form of ACKNOWLEDGMENT, see that title. Mortgage of Real Property-General Form.

To all people to whom these presents shall come, greeting: Know ye:

That I, A. B., of, for the consideration of dollars, received to my full satisfaction, do give, grant, bargain, sell and confirm unto the said C. D. (here follows the description of the premises mortgaged):

To have and to hold the above-granted and bargained premises, with the appurtenances thereof, unto the said grantee, his heirs and assigns, to his and their proper use and behoof, forever.