Mortgagor and Dower Trus.ee in Fee.

Proviso for redemption on repayment of the money borrowed.

MORTGAGES and appointed, and granted and released, or otherwise assured, or intended so to be, with their and every of their rights, members, appendances, and appurtenances, unto the said (mortgagee) and his heirs, to and for the use and behoof of him the said (mortgagee) his heirs and assigns for ever. SUBJECT nevertheless to the proviso, condition, or agreement for redemption next hereinafter contained (1), (that is to say), PROVIDED ALWAYS, and these presents are upon this express condition, and it is hereby declared and agreed to be the true intent and meaning of these presents; that if the said (mortgagor) his heirs, executors, or administrators, or any person or persons on his or their behalf, do and shall well and truly pay (2), or cause to be paid unto the said (mortgagee) his executors, administrators, or assigns, at or in the common dining hall of Lincoln's Inn, in the county of Middlesex, between the hours of ten and twelve of the clock in the daytime, the full and clear sum of £ of lawful and current money of that part of the United Kingdom of

Copyholds.

Insurance.

Transfer of stock &c.

(1) If any part of the premises be copyhold, a covenant to surrender them may be introduced here. See the form of such a covenant, ante, p. 305.

If the premises consist principally of houses or other buildings, the mortgagor should insure previously to the execution of the deed, and assign the policy. See the form of such an assignment, ante, pp. 87. 98.

(2) If the proviso be for the transfer of stock, see ante, p. 71, n. (9).

Mortgagor and
Dower Trustee

in Fee.

Great Britain and Ireland called England, with MORTGAGES interest for the same after the rate of £5 for every £100 by the year of like lawful money, upon the days and in the manner next hereinafter mentioned (that is to say) (1) the sum of £ being one half year's interest of or for

half year's interest of or for the same, after the

rate aforesaid, on the day of

following, and which will be in the year

then next

(2)

without any deduction or abatement whatsoever, [for or by reason of any taxes, charges, assessments, cause, matter, or thing whatsoever, whether now or hereafter to be imposed upon, or payable in respect of the messuages, lands, tenements, and hereditaments hereby granted and released, or otherwise assured, or any part thereof, or the said principal sum of £ or the interest thereof, or upon the said (mortgagee) his heirs, executors, administrators, or assigns, or any other person or persons, for or in respect of the same, by authority

(1) If the money be intended to be paid off by instalments, Instalments, &c. see ante, p. 72, n. (10); if it is to remain for a given time, see

p. 73, notes.

further loans.

(2) If the mortgage be intended to secure subsequent sums, Security for which may hereafter be advanced by the mortgagee, see ante, p. 74, n. (11.)

Mortgagor and Dower Trustee in Fee.

MORTGAGES of parliament, or otherwise howsoever,] and also do and shall in the mean time, and until full payment and satisfaction of the said principal sum and interest, pay and satisfy or cause to be paid and satisfied all and all manner of annual and other rents, duties, taxes, rates, assessments, and charges whatsoever, which from time to time shall or may be payable for or in respect of the said premises, or any part thereof, and whether any future taxes, rates, or assessments, shall be in the nature of those now in being or not, then and in such case "the use and estate hereinbefore limited to the said (mortgagee) his heirs and assigns, and the limitation and appointment, and grant and release hereby made, shall respectively cease and be void to all intents and purposes whatsoever.” (1). AND the said (mort

Covenant by the mortgagor for payment of the money.

Power of sale.

Notice of pay

nient.

Reconveyance.

(1) If a power of sale is intended to be given to the mortgagee, see ante, pp. 92. 127. 252. 428. 468, and post, No. XXIX.

If the mortgagee require previous notice to be given of the payment of the money, see ante, p. 43, n. (1).

If it be wished that the proviso for redemption should be in the form of an agreement to reconvey, (and see ante, No. III. p. 37, n. (2,)) instead of a condition to vacate the security, which it should be in where the mortgagor took to prevent dower (for if the mortgage were to become void by payment of the money on the day, the estate would revert to the mortgagor, as of his former estate, and be again liable to dower)— omit the words within inverted commas, and say,

"Then and in such case he the said (mortgagee) his heirs and assigns, shall and will, from and immediately or

gagor) for himself, his heirs, executors, and ad- MORTGAGES ministrators, doth hereby covenant, promise, and

Mortgagor and Dower Trustee in Fee.

at any time after such full payment and satisfaction shall be

made as aforesaid, upon the request, and at the costs and expense of the said (mortgagor) his heirs, executors, administrators, and assigns, convey and effectually assure all and singular the messuages, lands, tenements, hereditaments, and premises hereby limited and appointed, and granted and released, or otherwise assured or intended so to be, with their and every of their appurtenances, for all his, her, and their estate, right, title, and interest therein and thereto, under or by virtue of these presents, unto and to the use of the said (mortgagor) his heirs and assigns, [or unto and to the use of such other person or persons, and for such estate and estates, interest and interests, and to, for, and upon such lawful trusts, intents, and purposes, as the said (mortgagor) his heirs or assigns, by any deed or deeds, or other instrument or instruments in writing, under his or their hand or respective hands, shall direct, limit, or appoint,] and that free and clear of and from all intermediate and other charges and incumbrances whatsoever, made, executed, or knowingly occasioned or suffered by the said (mortgagee) his heirs, executors, administrators, or assigns, or any person or persons lawfully or equitably claiming or entitled to claim from, under, or in trust for him, them, or any of them, so that for the making any such conveyance or assurance, he the said (mortgagee) his heirs, executors, administrators, or assigns, be not required to go from his, her, or their then place or respective places of abode. AND from and after such last mentioned payment shall And deliver up be so made, shall and will deliver up unto him the said (mortgagor) his heirs or assigns, these presents and the said hereinbefore in part recited bond, and all and every the deeds, muniments, and writings mentioned in the schedule.

the securities.

MORTGAGES declare, and agree, to and with the said (mortgagee) his executors, administrators, and assigns, Mortgagor and Dower Trustee in the manner following, (that is to say) that he in Fee. the said (mortgagor) his heirs, executors, or administrators, shall and will well and truly pay (1), or cause to be paid, unto the said (mortgagee) his executors, administrators, and assigns, the said principal sum of £ of lawful and current money of that part of the United Kingdom of Great Britain and Ireland called England, with interest for the same, after the rate of £5 of like lawful money for every £100 by the year, at and upon the days or times, and in the manner hereinbefore appointed for payment of the same respectively (2), and according to the true

Transfer of stock.

Further sums.

.

hereunder written, uncancelled and undefaced, (damage by fire, or other inevitable accident only excepted), and also shall and will, if thereunto required, sign, and give a proper, sufficient, and satisfactory receipt or acknowledgment for the said sum of £ and interest, to be indorsed upon these presents, and until such reconveyance and reassurance as aforesaid shall be made and perfected, it is hereby declared and agreed, that the said (mortgagee) his heirs and assigns, shall stand and be seised, possessed of, and interested in all and singular the same premises, to the use and behoof of the said (mortgagor) his heirs and assigns for ever."

(1) If the money be intended to be repaid by a transfer of stock, see ante, p. 77, n. (14).

(2) If the mortgage be intended to secure further sums to be advanced, see ante, p. 77, n. (15.)