Freeholds, with (Concise Form.) Further assur ance to mort MORTGAGES the costs and charges of the said (mortgagor) his heirs, executors, or administrators, well and sufTrust to sell ficiently exonerated and protected, or indemnified, as to the mortgagee and his heirs, from and against all former and other grants, bargains, sales, assurances, trusts, rights, titles, and interests made or created by any person or persons whomsoever, and as to any purchaser or mortgagee of the said premises, by any person or persons, by the said (mortgagor) his heirs or assigns, or any other person or persons claiming or to claim by, from, or in trust for him or them. AND also gagee until sale. that he the said (mortgagor) and his heirs, and all other persons lawfully or equitably claiming or to claim any estate, right, title, charge, or interest, at law and equity, in, to, or upon the said hereditaments and premises hereby released, or otherwise assured or intended so to be, or any part thereof, shall and will from time to time and at all times hereafter, during the subsistence of the trusts of these presents, upon every reasonable request of the said (mortgagee) his heirs or assigns (but at the costs and charges in all things of him the said (mortgagor) his heirs or assigns) make, do, execute, and perfect, or cause or procure to be made, done, executed, and perfected, all such further and other lawful and reasonable acts, deeds, conveyances, and assurances in the law whatsoever, for the further and better or more satisfactorily granting, releasing, confirming, or the mortgagee's life is intended to be assured, see ante, p. 447, notes. Freeholds, with (Concise Form.) And to pur chaser in case of sale. otherwise assuring the messuages, lands, and here- MORTGAGES ditaments hereinbefore granted and released or otherwise assured or intended so to be, or any part thereof, with the appurtenants unto and to the use of the said (mortgagee) his heirs and assigns, upon the trusts, with the powers, and for the ends and purposes hereinbefore declared, expressed, or intended concerning the same, in such manner and form as the said (mortgagee) his heirs or assigns, or his or their counsel in the law shall reasonably advise and require. AND in case the said hereditaments and premises, or any part thereof, shall be sold or mortgaged in pursuance of the trusts or powers contained in these presents, shall and will, at the request of any purchaser or mortgagee thereof, concur and join in such sale or mortgage, and execute the several conveyances and assurances of the premises so sold or mortgaged, unto and to the use of the purchaser or purchasers, or mortgagee or mortgagees thereof, his or their heirs, executors, administrators, appointees, or assigns, or otherwise as he or they shall lawfully direct, and enter into all usual and proper covenants with him or them, for the title, quiet enjoyment, and further assurance of or relating to the premises so sold or mortgaged; [but (1) it is nevertheless hereby agreed and de- Concurrence of clared that the joining or concurrence of him the to be essential. mortgagor not (1) It has been before observed that the concurrence of the Mortgagor's mortgagor in the sale is not now deemed requisite; hence the concurrence. lines within brackets may be omitted. Trust to sell. (Concise Form.) MORTGAGES said (mortgagor) his heirs or assigns, in any such Freeholds, with mortgage or sale, or conveyance or assurance, shall not in anywise be deemed essential to perfect the same, or the title of the purchaser or purchasers, mortgagee or mortgagees of the said premises, or any part thereof, as against him the said (mortgagor) his heirs, executors, or administrators, but only as done or assented to for the satisfaction of the purchaser or purchasers, or mortgagee or mortgagees requiring the same (1). IN WITNESS, &c. Policy. Notice. (1) Any subsisting policy of assurance may be assigned here, as ante, p. 87. If it be agreed that the mortgagee shall not sell without giving previous notice to the mortgagor, see ante, p. 435. Additions. * See references to various other clauses, &c. when required by the circumstances of the case or the agreement of the parties, ante, p. 452. No. XXIV. MORTGAGES Copyholds, with Mortgage of Copyhold Hereditaments, with Power Power to sell. to sell. (Concise Form.) Variations where a Trust (1) for Sale is created. THIS INDENTURE, made the in the of our Lord &c. &c. year of the reign, &c. and in the year (Concise Form.) of the one part, and (the mortgagee) of, of the other part (3). WHEREAS, &c. (recite the title or seizin of the mortgagor, agreement Recitals, for loan, &c.) (4). Now THIS INDENTURE WIT- Witness. NESSETH, that in pursuance and part performance of the said agreement on the part of the said (mortgagor), and in consideration, &c. (insert the consideration) (5). HE the said (mortgagor) doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, with and to the said (mortgagee) his heirs and assigns, that he the said (mortgagor) or his heirs, and every (1) Of trusts and powers for sale in mortgages, see ante, pp. Power to sell. 234. 252. 455. 480. (2) See also notes and variations, ante, No. XII. p. 275, No. Variations. XX. p. 416, No. XXII. p. 480. (3) If the mortgage be made to a trustee for the mortgagee, Trustee. (and see ante, p. 480, n. (2)), make such trustee of the third part, and insert his name, instead of that of the mortgagee, throughout, unless where otherwise mentioned. (4) See ante, p. 463, n. (2); and if the surrender be made Recitals. previously to the execution of the deed, see ante, p. 276, n. (2), and p. 278, n. (2). (5) If the consideration be money paid down, see ante, Consideration. p. 464; but if other than money so paid, see ante, p. 419, n. (2), et seq. MORTGAGES Other person whomsoever who shall be deemed necessary or expedient in that behalf, shall and Copyholds, with Power to sell. will, at his and their sole expense, at the next (Concise Form.) general or other court which shall or may be holden for the said manor of Parcels. Uses of the surrender. Parcels. Tail. or or out of court, at the request of the said (mortgagee) his heirs or assigns, well and effectually surrender, or cause and procure to be surrendered, into the hands of the lord of the said manor of otherwise convey and assure, according to the custom of the same manor, ALL, &c. (1) together with all and singular the rights, members, and appurtenances whatsoever, to the said copyhold or customary messuages, &c. and hereditaments, or any part thereof, belonging or in any wise appertaining, and all [the reversion and reversions, remainder and remainders, and] rents, issues, and profits thereof, and all the estate, right, title, interest, property, claim, and demand whatsoever of him the said (mortgagor) in, to, and concerning the same hereditaments and premises, and every part thereof, to the uses, upon the trusts, and for the purposes next hereinafter declared or expressed concerning the same. AND it is hereby declared and agreed by and between the parties hereto, that the said surrender, when made and perfected, shall be and enure (2), TO THE USE of the said (mortgagee) his heirs and assigns for ever, to the intent that he and they may be admitted tenant or tenants of the same hereditaments, To HOLD at the will of the lord, by copy of court-roll, (1) Insert an accurate description of the parcels, and see ante, p. 33, n. (2), p. 270. (2) If the mortgagor be tenant in tail, see post, p. 533, rider (A). |