(F) Covenant to pay and indemnify the Mortgagees against any Annuity issuable out of the Premises. "AND WHEREAS, &c. (recital of the premises being chargeable with an annuity). NOW THIS INDENTURE FURTHER WITNESSETH, that the said (mortgagor) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, declare, and agree, with and to the said (mortgagees) their heirs, executors, administrators, and assigns, in the manner following, that is to say, that he the said (mortgagor) his heirs, executors, or administrators, or some or one of them, shall and will from time to time, and at all times. hereafter, during the natural life of the said (annuitant) or during such part or period thereof as the said sum of £ or any part thereof, or any interest for the same, shall be due and unpaid, well and truly pay or cause to be paid and satisfied the said annuity or yearly rent charge of £ and all arrears thereof, out of his and their own proper monies and effects, or otherwise than out of the rents and profits of the lands and hereditaments chargeable therewith, and shall and will from time to time, and at all times hereafter, well and effectually save, defend, protect, indemnify, and keep harmless the said (mortgagees) their heirs, executors, administrators, and assigns, and also all and singular the messuages, lands, hereditaments, and premises hereby granted and released, or otherwise assured or mentioned or intended so to be, and so chargeable with the payment thereof as aforesaid, of, from, and against the said annuity or yearly rent charge, and of, from, and against all actions, suits, proceedings, distresses, entries, cause and causes of distress, and entry, costs, charges, and expenses whatsoever, which shall or may at any time or times be brought, commenced, prosecuted, had, or occasioned for or by reason of the same, or of any default or delay in payment thereof, or of any part thereof, or otherwise howsoever, concerning the same, or any part thereof. And further, that in case the rents, issues, MORTGAGES Mortgagor to two or more. Mortgagor to two or more. MORTGAGES and profits of the messuages, lands, hereditaments, and premises hereby granted, or released, or otherwise assured, as aforesaid, or mentioned or intended so to be, shall by reason or means of the said annual sum or yearly rent charge of £ , or by reason or means of the power or authority so reserved or given to the said (annuitant) in or by the said in part recited indenture as aforesaid, or by reason or means of any other matter, cause, or thing whatsoever, become insufficient to answer and fully pay and satisfy the interest from time to time to grow or become due upon or in respect of the said sum of £ so hereby secured upon the same hereditaments and premises as aforesaid, then and in either of the said cases he the said (mortgagor) his heirs, executors, administrators, or assigns, shall and will upon and immediately after notice thereof in writing shall be to him or them given by the said (mortgagees) their heirs, executors, administrators, or assigns, well and effectually convey and assure unto them the said (mortgagees) their heirs, executors, administrators, or assigns, or to such other persons or person as he or they shall name and appoint in that behalf, such other messuages or tenements, lands, hereditaments, or property, to be situated in that part of the United Kingdom of Great Britain and Ireland called England, in addition to the messuages, lands, and hereditaments so hereby granted, released, or otherwise assured, as shall be sufficient by and out of the clear yearly rents, issues, profits, or proceeds thereof, to make up and fully satisfy all and every such deficiency as aforesaid, and shall and will do, execute, and perfect all such acts, deeds, conveyances, assurances, matters, and things whatsoever, as the counsel in the law of them the said (mortgagees) their heirs, executors, administrators, or assigns, shall reasonably require or advise for that purpose." " (G) Declaration of Trust of an Outstanding Term for the Mortgagees (1). "AND lastly, it is hereby agreed and declared by and between the said parties to these presents, that all and every the person and persons now standing and being, or who shall or may hereafter stand and be possessed of any term or terms for years, or any estate heretofore created and now subsisting upon, or in all or any part of the hereditaments and premises hereinbefore granted and released in trust either by express declaration or by implication of law, to attend the inheritance of the said premises; shall so stand and be possessed thereof, In trust, in the first place, for the better securing the payment of the said sum of £ to the said (mortgagees) their heirs, executors, administrators, or assigns, according to the true intent and meaning of these sents, and that after payment of the said sum of £ and interest, and all costs and charges according to the aforesaid proviso, then shall stand and be possessed thereof, In trust for the said (mortgagor) his heirs and assigns, and to be disposed of as he or they shall direct or appoint, and in the mean time In trust to attend, wait upon, and go along with the freehold reversion and inheritance of the same premises, in order to protect and preserve the same from all mesne incumbrances, if any such there be." pre MORTGAGES Mortgagor to two or more. (1) The substitution of this declaration for an actual assignment of the terms outstanding may in general be acceded to, provided all the deeds creating and assigning those terms be delivered up to the mortgagees; but see ante, Vol. I. No. XXVII. notes. MORTGAGES Mortgagor to Trustees in a Parties. No. XIX. Mortgage in Fee to Trustees of a Settlement or Variations where the Mortgagees are Trustees or Exe- Also where the Mortgage is by Demise. Other Variations as in Margin below (1). of the reign, &c. and] in the year of our Lord Copy holds, &c. Advowson. Rent-charge. Plantation. Brevity. Wife. Dower. (1) See also Vol. I. No. XXX. p. 477, et seq. If part freehold, part copyhold, and part leasehold, see No. If the mortgage be of an advowson, see ante, No. XV. If of a plantation, ante, No. XVII. Where brevity is particularly required, the words within brackets may be omitted throughout the precedent. (2) If the wife of the mortgagor have a title to dower out of the land to be conveyed, make her a party, and vary the draft agreeably to No. XXII. post. If the mortgagor took the estate to himself and a trustce for preventing dower, see No. XXIII. que trust of the premises) of, &c. second part, and (the mortgagees) of, &c. of the MORTGAGES Mortgagor to Settlement. of the third part. WHEREAS, in pursuance or and in the year days of marriage settle which was The release being of parts, and made or expressed to be made between, &c. (and being, or purporting to be, a settlement made previously to, and in contemplation of, the marriage of the said (husband) with the said (wife) his wife, £ three per cent. consolidated bank annuities were transferred into the names of the said (mortgagees) in the books of the governor and company of the Bank ment. (1) If the mortgagees be devisees under a will, recite, "WHEREAS the said (testator) by his last will and testament in writing, bearing date the which was in the year day of , gave and bequeathed the sum of £ three per cent. consolidated bank annuities unto the said (mortgagees) their executors, administrators, and assigns, upon the trusts, &c. as in the text. AND whereas the said (testator) afterwards departed this life without revoking or altering his said will, and the same was soon after his decease duly proved by the said (mortgagees) his executors therein named in the prerogative court of the Archbishop of Canterbury, who caused the said £ three per cent. consolidated bank annuities to be transferred into their joint names in the books of the Governor and Company of the Bank of England, upon and for the trusts, intents, and purposes of the said will.” Will. |