Mortgagor and in Fec. MORTGAGES Virtue of the same) shall and will from time to time, and at all times hereafter, so long as the Docer Trustee said principal sum of £ or the interest thereof, or any part of the same respectively shall remain unpaid, upon every reasonable request of the said (mortgagee) his heirs, executors, administrators, or assigns, but at the proper costs and charges in the law of the said (mortgagor) his executors and administrators, make, do, acknowledge, levy, suffer, execute, and perfect, [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, with all due expedition,] all and every such further and other lawful and reasonable acts, deeds, conveyances, matters and things whatsoever, [whether by fine or fines, with or without proclamations, common recovery or common recoveries, deed or deeds enrolled or otherwise, feoffment, release, confirmation, declaration, limitation or appointment, of or to any use or uses, or other assurance or assurances, of record or not of record,] for the further, better, more perfectly and absolutely or satisfactorily appointing, granting, releasing, conveying, confirming, and assuring the same hereditaments and premises, and every or any part thereof, with their and every of their respective rights, privileges, members, and appurtenances, and the possession, reversion, and inheritance thereof, unto and to and for the use and behoof of the said (mortgagee) his heirs, executors, administrators, or assigns, for securing the payment of the said principal and interest money in such Mortgagor and in Fee. manner and form as he the said (mortgagee) his MORTGAGES heirs, executors, or administrators, or assigns, or his or their counsel in the law, (being of the de- Dower Trustee gree of a barrister) shall reasonably advise and require. PROVIDED ALWAYS, &c. (Mortgagor to enjoy till default) (1). IN WITNESS, &c. Signed, sealed, and delivered in the presence, &c. (2). (1) See ante, p. 576. See various provisos, &c. to be added when requisite, ante, Additional provisos, &c. p. 452. (2) The attestation to an appointment under a power should Attestation. be so worded, that it may appear upon the face of the deed that the requisition of the power, in respect to such attestation, was strictly complied with; and see ante, Vol. I. pp. 158, n. (22), 184, n. (28); and INTRODUCTION, ib. pp. xliv. lxxxiv. lxxxvii. MORTGAGES Mortgagor and Dower Trustee, with Trust for Sale. No. XXIX. Mortgage in Fee by a Mortgagor and Dower Variations where a Power instead of a Trust for Sale is given. Recital of con veyance to mort gagor and trus tee to bar dower. the inheritance and mortgagor of the heredita- barring dower on the purchase of the said here- the mortgagee of the same hereditaments under Trust power. Trustee. (1) Of a trust or power for sale in a mortgage deed, see ante, pp. 213, 234, 253, 455, 480; and INTRODUCTION. (2) Although the conveyance be on trust to sell, a trustee need not be a party for the purpose of selling, as the trusts may be executed by the mortgagee himself; see ante, p. 480, n. (2). Dower Trustee, with Trust for Sale. the release being of made or expressed to be made between, &c. the several messuages, lands, and hereditaments hereinafter mentioned or intended to be hereby appointed, and granted and released, were conveyed and assured, and now stand limited, to the use of such person and persons, for such estate and estates, either absolutely or conditionally, upon such trusts, and for such intents and purposes, and with, under, and subject to such charges, powers, provisos, limitations, conditions, restrictions, declarations, and agreements, (and with or without a power of revocation and new appointment), as the said (mortgagor) from time to time, or at any time or times, by any deed or deeds, writing or writings, to be by him sealed and delivered in the presence of, and to be attested by, two or more credible witnesses, should declare, direct, limit, or appoint concerning the same, and subject thereto, to the use of the said (mortgagor) and his assigns, for his life, with remainder to the said (trustee) his executors and administrators, during the life of the said (mortgagor), but IN TRUST only for him and his assigns, with the next and ultimate remainder to the use of the said (mortgagor) his heirs and assigns for ever. AND WHEREAS the said (mortgagor) having applied to the said (mortgagee) for the loan of the sum of £ sterling at interest, which the (mortgagee) hath agreed to advance upon having the same, with lawful in MORTGAGES terest, secured by such conveyance to him of the said hereditaments as hereinafter is contained. Now THIS INDENTURE WITNESSETH (1), that in pursuance of and towards effectuating the said agreement, and in consideration of the sum of £ Mortgagor and Dower Trustee, with Trust for Sale. WITNESS, in consideration, &c. mortgagor appoints to uses of lawful English money, unto the said (mortafter mentioned. gagor) in hand well and truly paid by the said (mortgagee) at or before the sealing or delivery of the presents, the receipt whereof the said (mortgagor) doth hereby acknowledge, and from the same, and every part thereof, doth acquit, release, and discharge the said (mortgagee) his heirs, assigns, and administrators for ever by these presents, and the receipt intended to be hereupon indorsed, he the said (mortgagor), in pursuance and exercise of the hereinbefore in part recited limitations, power, and authority, enabling him in that behalf; and by force and virtue thereof, and of all and every or any other limitation, power, or authority in him vested, HATH declared, directed, limited, and appointed, and by this present deed or writing, by him sealed and delivered, in the presence of and attested by two credible persons (whose names are, or are intended to be hereupon indorsed or written, as witnesses attesting the same,) DoTH declare, direct, limit, and appoint that the several (1) The draft from which this form was taken having been settled by a very respectable practitioner of the present day, I have retained it without alteration. |