or some part

Advowson.

mortgagor may

Proviso that

fault in payenjoy till de

ment.

(1) PROVIDED always nevertheless, and it is MORTGAGES hereby further declared and agreed by and between the said (mortgagor) and (mortgagee) that until default shall be made in payment of the said principal sum of £ thereof, or of the interest thereof, upon the days, at the times, or in the manner hereinbefore appointed for payment of the same respectively, he the said (mortgagor) his heirs and assigns, shall and lawfully may, peaceably and quietly have, hold, occupy, possess, and enjoy all and singular the advowson, rectory, or parsonage, lands, hereditaments and premises, by these presents granted and released, or otherwise assured or intended so to be, and receive and take the rents, issues, emoluments, and profits thereof, to and for his and their own proper use and benefit, without any molestation, hindrance, interruption, disturbance, claim or demand whatsoever, of, from, or by the said (mortgagee) his heirs, executors, administrators, or assigns, or any person or persons whomsoever, lawfully or rightfully claiming or possessing any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him, them, or any or either of

(1) If the mortgage be of a rectory only, insert a covenant by Rectory. mortgagor that in case of his resignation, and being appointed to another living, he will mortgage such new preferment; see post.

MORTGAGES them (1) for or in respect of the same. IN

(1) Add such covenants relative to the production of title deeds, the money remaining upon mortgage for a given time, &c. &c. as may be agreed upon between the parties, which see ante, No. IV. p. 87, et seq.

If the deed be intended to be inrolled, see ante, p. 66.

No. XVI.

Mortgage in Fee of a Rent Charge in Fee (1).

MORTGAGES

Rent Charge in fee.

THIS INDENTURE of

day of

[* in the

parts, made the

year of the reign,

of the Parties.

of

&c. and] in the year of our Lord BETWEEN (2) (the mortgagor) of, &c. part, and (the mortgagee) of, &c.

the other part. date the

WHEREAS by an indenture bearing Recital of day of

which was in the

year
and made or expressed to be made.
between A. B. of the one part, and the said
(mortgagor) of the other part, the said A. B. gave,
granted, and confirmed unto the said (mortgagor)
his heirs and assigns for ever, a clear yearly rent
charge, or annual sum of £
to be issuing

grant of the

rent charge.

(1) Of the mode of conveying a rent charge, see Vol. III. How grantable. No. LXV. and for a mortgage of a rent charge for life or years,

see post.

* The lines within brackets may be omitted where brevity is Brevity. particularly desired.

(2) If the wife of the mortgagor have a title to dower in the Wife. rent charge, make her a party,

MORTGAGES and payable out of, and charged upon ALL, &c. And which said yearly rent charge or annual sum was to be paid and payable half yearly, on the and the

Rent Charge in fee.

day of

day of in each year. AND WHEREAS the said (mortgagor) having occasion for the sum of £

hath

agreed with the said (mortgagee) for the loan to him thereof (1) at interest, to be secured by the bond of the said (mortgagor) and such conveyance and assurance by way of mortgage of the said yearly rent charge or annual sum of £ as hereinafter is expressed. AND WHEREAS the said (mortgagor) in part performance of the said agreement hath executed a bond or obligation in writing, bearing even date herewith, conditioned to be void on payment of the said sum and interest at the time and in the manner hereinafter menWITNESS, that tioned. Now THIS INDENTURE WITNESSETH, that in further pursuance and execution of the said contract, and in consideration of the sum of £ of lawful money (2) of that part of the United Kingdom of Great Britain and Ireland called England, to the said (mortgagor) in hand well and truly paid by the said (mortgagee) at or immediately before the sealing and delivery of these presents, the receipt whereof the said (mortgagor) doth hereby

in consideration of the money

lent.

Loan of stock.

Loan of stock,

&c.

(1) If the loan be of money in the funds, see ante, No. IV. p. 65, n. (3).

(2) If the loan be of money in the funds, or other than money paid down, see ante, No. IV. p. 66, n. (4).

in fee.

acknowledge, [and of and from the same doth MORTGAGES
fully and absolutely acquit, release, discharge, Rent Charge
and exonerate the said (mortgagee) his heirs,
executors, administrators, and assigns, and also
the said rent charge, by these presents,] and
which said sum of £
is the same sum

of £
as is mentioned in the condition of
the said in part recited bond. HE the said (mort-
gagor) HATH granted, bargained, and sold, and
by these presents DOTH grant, bargain, sell, and
confirm unto the said (mortgagee) and his heirs,
ALL (1) that yearly rent charge, or annual sum
of £
so issuing and payable out of, and
charged and chargeable upon the several mes-
suages, lands, and hereditaments, in the said
hereinbefore in part recited indenture of the

day of

described, or intended so to be, together with all benefit and advantage of distress

The mortgagor firms the rent

grants and con

charge.

(1) If the conveyance be of a moiety, or other portion only Moiety, &c.

of the rent, see anté, No. XI.

And if it be of a remainder or reversion expectant upon the Remainder, &c. determination of any prior estate, see No. IX.

If the grant be intended to be accompanied by a bargain and

sale to be enrolled, say,

“Which said sum of £

sale enrolled.

is the same sum of Bargain and L as is mentioned to be the consideration money in a certain indenture of bargain and sale, bearing, or intended to bear, even date herewith, and made between the said (mortgagor) of the one part, and the said (mortgagee) of the other part, and intended to be enrolled in his Majesty's court of

VOL. V.

A A