Lease for Years,

on Lives.

MORTGAGES Own proper use and benefit, without any hinderance, molestation, interruption, or disturbance determinable whatsoever, of, from or by the said (mortgagee) his executors, administrators, or assigns, or any person or persons now or hereafter 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, her, them, or any or either of them. IN WITNESS, &c.

(A.) Covenant for Renewal of Lease (1). (See ante, MORTGAGES p. 725, note).

Lease for Years, determinable

on Lives.

renew.

"AND the said (mortgagor) for himself, his heirs, executors, and administrators, doth hereby further covenant, promise, and agree, with and to the said (mortgagee) his Covenant by executors, administrators, and assigns, that he the said mortgagor to (mortgagor) his heirs, executors, administrators, and assigns, shall and will at all and every time and times, and from time to time, as often as the said hereinbefore in part recited indenture of lease, or any future lease or leases to be made of the said premises or to be substituted in the room thereof, shall, before full payment of the said principal sum of £ and interest, come in course to be renewed according to the heretofore accustomed practice, at his and their own expense, costs, and charges, in all things, cause and procure, or do his and their utmost endeavour to procure a good and effectual new lease, to be granted to him the the said (mortgagor) his executors, administrators, or assigns, of all and every the said premises, with their appurtenances, at and under the like rents and covenants by which the same premises respectively are now holden by virtue of the said in part recited indenture of lease, [and shall and will from time to time, as often as shall be requested, surrender, or cause to be surrendered, the lease then in being of the same premises, and pay all fines and premiums thereupon, and do or concur in all and every such other acts, matters, or things, as shall be necessary or expedient for the purpose of such renewal. AND further, that in case he the said (mortgagor) his executors or administrators, shall at any time hereafter neglect or refuse, for the space of one calendar month, to procure, or do his or their utmost endeavour to procure such new lease as aforesaid, or to pay the said fines, premiums, and other expenses, or any of them; then, and in such case, it shall be lawful for the said (mortgagee) his heirs, executors, administrators, or assigns, by and out of the rents and profits of the said premises, or by such

(1) See also like covenant, ante, p. 715, and notes there.

If mortgagor mortgagee may.

fail to renew,

Lease for Years,

determinable on Lives.

MORTGAGES Other ways or means as he or they shall think fit, under or by virtue of all or any of the trusts, powers, or authorities hereinbefore contained, raise and pay the same, and procure such new lease or leases as aforesaid to be taken, and also to surrender, or procure to be surrendered, the said then subsisting lease, and all his and their estate and interest therein to the said dean and chapter of

Mortgagor will

repay to mort

gugee expenses

of renewal.

Renewed leases

to be a security

for said principal and interest.

for the time being; and also to pay, satisfy, and discharge all the arrears of rent which shall be then due, by virtue of such lease, and procure or obtain a new lease or leases to be made and granted to him the said (mortgagee) his executors, administrators, or assigns, of the said premises, for such term or terms, and in such manner, as hath been used and accustomed in that behalf; and also to pay the fines, fees, and expenses for or relating to the obtaining, making, or granting such new lease or leases as aforesaid. AND he the said (mortgagor) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree, with and to the said (mortgagee) his executors, administrators, and assigns, well and truly to repay to him and them upon demand all and every such sum and sums, costs, charges, and expenses, as he and they shall pay, expend, or be put unto, in or for any of the purposes aforesaid. AND it is hereby further declared and agreed by and between the said (mortgagor) and (mortgagee) that all and singular the premises comprised in these presents, or in any new lease or leases so to be obtained or granted, shall thenceforth and immediately thereafter stand, remain, and be charged and chargeable with, as well all sums of money which shall be paid by the said (mortgagee) his executors, administrators, or assigns, as aforesaid, together with interest for the same after the rate of £5 for every £100 by the year, as also the said sum of £ and interest, and shall not be redeemed or redeemable until full payment and satisfaction of the same respectively; and that he the said (mortgagee) his executors, administrators, and assigns, shall and will, when thereunto required, do and concur in all acts, deeds, assignments, matters, and things, which shall be necessary for effectually charging the same accordingly."

No. XXXVI.

Mortgage of Leasehold Messuages, &c. by a Lessee.
(Full Form.)

Variations where the Mortgagor is an Assignee or
Underlessee only of the Premises.

Where the Lease is determinable by the Lessee on
Notice.

Where the Assignor is restricted from assigning with-
out Licence.

Where the Mortgage is intended to secure future Ad

vances.

Where a Power or Trust for Sale is given to the Mort-
gagee.

Other Variations as in the Margins below (1.)

MORTGAGES

Leaseholds for
Years.

(Full Form.)

(1) See also the notes and variations, ante, No. III. p. 31, et Notes, &c. seq. No. IV. p, 61, et seq. No. V. p. 133, and Vol. III. No. LXX.

(2) As a husband has complete authority over the chattel in- Wife. terests of the wife in possession, she need not join in the mortgage, unless the premises be settled to her sole use, independently of her husband; and see ante, Vol. III. p. 129, n. (1), p. 512, n. (†): see, however, distinctions referred to in 1 Prest. Abst. 345.

MORTGAGES WHEREAS by an indenture of demise or lease,

Leaseholds for
Years.
(Full Form.)

pressed to be made between A. B. (the lessor of

Recital of lease. the premises) of the one part, and the said (mortgagor) (or as the case may be) of the other part, the said A. B. demised and leased unto the said (mortgagor) his executors, administrators, and assigns, ALL, &c. (1). TO HOLD the same, with the appurtenances, unto the said (mortgagor) his executors, administrators, and assigns, from the

day of

then last past, for the term of years, to be thence next ensuing, under and subject to the clear yearly rent of £ and the several covenants, provisos, and agreements therein contained, which on the part of the said (mortgagor) his executors, administrators, or assigns, is or are thereby required to be paid, performed, or obAgreement for served respectively. AND WHEREAS, &c. (2). AND

loan.

Parcels.

Mortgagor an assignee.

(1) Insert here an exact description of the premises, from the lease, or refer to a description of them in the operative part of the assignment, as,

"The several messuages, &c. hereinafter particularly described."

And see post, p. 733, n. (2).

(2) If the mortgagor be assignee of the premises, recite here the assignment to him, as,

"AND WHEREAS by divers mesne assignments and other acts in the law, and particularly by a certain indenture of assignment, bearing date on or about the

in the year

day of

and made, or expressed to be made, between A. B. of the one part, and the said (mortgagor) of the