(I) Assignment of outstanding Term to attend the Inheritance of the Mortgagee. See ante, p. 83.

MORTGAGES

Mortgagor to Mortgagee in fee. (Concise Form.)

"AND WHEREAS by indenture bearing date on or about Recital of outstanding term. the which was in the year

day of

for

and made or expressed to be made between, &c. the mes-
suages and hereditaments hereinbefore described, and re-
leased or otherwise assured, were demised unto
the term of five hundred years, thence next ensuing, for
certain purposes therein expressed, and which have now long
since been fully performed, or otherwise satisfied. AND
whereas, by divers mesne assignments (1) and other acts in
the law, and particularly by an indenture bearing date on
or about the
day of
which was in the year

, and made or expressed to be made between, &c. (the last assignor) of the one part, and the said (termor) of the other part, the said hereditaments were assigned unto, or otherwise became vested in the said (termor) for the then residue of the said term discharged of the said trusts. AND whereas the said (mortgagee) has requested that the residue now to come of the said term of five hundred years, in the said lands and hereditaments, may be assigned to the said (trustee) upon and for the trusts, intents, and purposes hereinafter expressed concerning the same. Now THIS IN- FURTHER DENTURE FURTHER WITNESSETH, that (2) in pursuance of WITNESS.

(1) See as to the recitals in an assignment of term, ante,

Vol. I. No. XXVII. p. 419.

(2) If the mortgagee be satisfied with the present trustee of Where term the term, omit what follows to the words, IN TRUST, post, not assigned. p. 113, and say,

"That it is hereby declared and agreed, by and between the several parties hereto, that the said term of five hundred

MORTGAGES the said request, and in consideration of the sum of 10s. of lawful and current money of England, in hand well and Mortgagor to truly paid to the said (termor) by the said (trustee) at or Mortgagee in fee. (Concise Form.) immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged: He the Termor assigns. said (termor) by the direction and appointment of the said (mortgagor), "and at the nomination of the said (mortgagee)," testified by his being a party to and sealing and delivering these presents, Hath bargained, sold, assigned, transferred, and set over, and by these presents Doth bargain, sell, assign, transfer, and set over; And the said (mortgagor) for the considerations hereinbefore mentioned, Hath bargained, sold, assigned, ratified, and confirmed, and by these presents doth bargain, sell, assign, ratify, and confirm unto the said (trustee) his executors, administrators, and assigns, All, &c. which said messuages, lands, tenements, hereditaments, and premises, are the same (or part and parcel of the) messuages, lands, tenements, and hereditaments, which are hereinbefore expressed to be granted and released, or otherwise assured unto or for the said (mortgagee) his heirs and assigns, and also in and by the said hereinbefore in part recited indenture of the day of

Parcels.

, and since assigned

demised to the said unto, or otherwise become vested in the said (termor) his executors, administrators, and assigns, for the residue of the said term as hereinbefore is mentioned. AND all the estate, right, title, interest, term and terms of years, yet to come and unexpired, trust, property, possession, claim, and de

years so assigned to and now vested in him the said (termor) as aforesaid, shall henceforth remain, continue, and be in him the said (termor) his executors, administrators, and assigns, IN TRUST, &c."

Proceed as in p. 113, and in this case the continuing termor should be a party to the deed, for the purpose of joining in the declaration of the trusts of the term.

Mortgage in fee. (Concise Form.)

Mortgagor to

To HOLD to

mand whatsoever, both at law and in equity, or otherwise MORTGAGES howsoever, of them the said (termor) and (mortgagor) respectively, of, in, to, or respecting the same messuages, lands, tenements, hereditaments, and premises, or any part thereof, [together with the said several hereinbefore in part recited indentures of demise and assignment (if so), and all benefit and advantage incident or belonging to the same or either of them, or to the covenants and agreements therein respectively contained]. TO HAVE AND TO HOLD the several messuages, lands, tenements, hereditaments, and premises the residue of hereby assigned, or mentioned or intended so to be, and the term. every part and parcel thereof, with their respective appurtenances, unto the said (trustee) his executors, administrators, and assigns, from henceforth, for and during all the residue and remainder which is or may be now to come or unexpired of or in the said term of five hundred years, in and by the said hereinbefore in part recited indenture of the day

of

the trustee for

expressed to be assigned to or otherwise vested in the said (termor) as aforesaid. BUT nevertheless, in trust for the said (mortgagee) his heirs, executors, administrators, and assigns, for better securing to him and them the repayment of the said sum of £ and interest, and to be assigned and disposed of from time to time for that purpose, he as or they shall in writing, under his or their hand or respective hands, direct or appoint in that behalf; [and in default of and until any such assignment or disposition shall be made and take effect, and in the mean time subject thereto, and to the payment of the said principal and interest money, IN TRUST, and to the intent, that the residue In trust to for the time being of the said term, shall and may attend attend the and wait upon the freehold, reversion, and inheritance of inheritance. the same hereditaments and premises, to and for the use and benefit of the said (mortgagor) his heirs and assigns,] subject only to such redemption as aforesaid. And the said (termor), Covenant by for himself, his heirs, executors, and administrators, doth he has not inhereby covenant and declare, with and to the said (trustee) cumbered. his executors, administrators, and assigns, and also with and to the said (mortgagee) his heirs and assigns, [in the manner following (that is to say)], that he the said (termor) hath not

VOL. V.

1

reversion and

the termor that

MORTGAGES at any time or times heretofore, made, done, executed, committed, or knowingly occasioned, omitted, or suffered, nor Mortgagor to been party or privy to, any act, deed, matter, or thing whatMortgazee in fee. (Concise Form.) soever, whereby or by reason or means whereof the messuages, lands, tenements, hereditaments, and premises hereinbefore assigned, or intended so to be as aforesaid, or any part thereof, or any estate or interest therein are, is, can, shall or may be, in any wise impeached, charged, incumbered, or prejudicially affected, in any manner howsoever, or whereby the said term of five hundred years, or any estate or interest therein, have or hath been, or can or may become void or voidable.

(K) Covenant to get in an Outstanding Legal Fee. See ante, p. 83.

in whom the legal estate in fee of or in the said hereditaments
is settled, cannot at present be ascertained, the said (mort-
gagor) hath agreed to enter into such a covenant for hereinafter
getting in the said estate as hereinafter is expressed. Now
THIS INDENTURE FURTHER WITNESSETH, that in pursuance
of the said agreement, and for the consideration hereinbefore
mentioned, He the said (mortgagor) Doth hereby for him-
self, his heirs, executors, administrators, and assigns, cove-
nant, promise, and agree, with and to the said (mortgagee)
his heirs, executors, administrators, and assigns, that he the
said (mortgagor) his heirs, executors, administrators, or as-
signs, shall and will within the space of
calendar

months from the day of the date of these presents, at his or
their proper costs and charges, cause and procure the person
or persons in whom as heir or heiresses at law of the said
(
) deceased or otherwise, the legal estate of or
in the hereditaments hereinbefore granted and released, or
otherwise assured or intended so to be, now is or shall then
be vested, to convey and assure the same unto and to the
use of the said (mortgagee) his heirs and assigns, subject
to redemption as hereinbefore is expressed; and that until
such conveyance or assurance shall be made, the person
or persons in whom the said estate is or for the time being
shall or may be vested, shall stand and be scised of and in-
terested in the same, in trust for the said (mortgagee) his
heirs and assigns, and to be from time to time conveyed and
disposed of as he or they shall direct or appoint, subject
only to the right, title, or equity of redemption which,
by virtue of the proviso, conditions, or agreements herein-
before contained, shall or may be subsisting or capable of

ΙΩ

MORTGAGES

Mortgagor to Mortgagee in fee. (Concise Form.)