Leaseholds, Sale. MORTGAGES of them the said (mortgagor) and (mortgagee), their respective executors, administrators, or aswith Trust for signs, become unfit to act, or refuse or decline to act in the execution thereof, before the same shall be fully performed, then and in every such case it shall be lawful for the said (mortgagee) his executors, administrators, or assigns, to nominate and appoint some other fit person to supply the place of the trustee so dying, or desirous to be discharged, or going to reside abroad, or becoming incapable, or refusing or declining to act, and immediately after such appointment, the said trust estate and premises shall be assigned and assured to such new trustee, his executors, administrators, and assigns, upon and for the same trusts, intents, and purposes, as are hereinbefore expressed, or such of them as shall then remain unperformed or capable of taking effect. PROVIDED also, and it is hereby further declared and agreed, that no trustee acting under the trusts of these presents, shall be chargeable with or for any more or other money than he shall actually receive by virtue of the trusts in him reposed, nor be answerable or accountable for any banker or other person with whom or in whose hands any part of the trust money arising by virtue of these presents shall be deposited for safe custody, nor for any loss or damage which may happen thereto, or to the said premises, or any part thereof, by any means whatsoever, except the same shall happen by or through his own wilful acts, means, or default. [AND that every trustee so appointed, Indemnity to trustees. May retain his expenses. his executors and administrators, shall and may, MORTGAGES Leaseholds, Sale. by and out of the trust monies which shall come to his hands, or by and out of the rents, issues, with Trust for and profits of the premises hereby assigned, deduct and retain, to or for himself, all such costs, charges, damages, and expenses, as he shall or may have sustained, or been put unto, in or about the execution of the trusts of these presents, or any of them, or in anywise relating thereto; and also to settle and allow the accounts of any deceased, resigning, or discontinuing trustee, and receive and give discharges for the balance of any monies which shall be or have been in his hands, and all which said expenses and allowances shall be reckoned as between solicitor and client, and not as between party and party in legal or equitable proceedings.] IN WITNESS, &c. MORTGAGES Undivided Moiety, &c. of Leaseholds. No. XLI. Mortgage of a Moiety or other Portion of Leasehold Premises. Parties. Recitals. THIS INDENTURE of parts, made the year of the reign, &c. BETWEEN of the one part, and of the other part. and] in the year of our Lord hath agreed with the said (mortgagee) for the Brevity. Recitals. Loan not money paid. *If brevity be particularly desired, those parts of the precedent included within brackets may be omitted. (1) Recite here the lease as in p. 750; and the deed or will under which the mortgagor became entitled. (2) If the loan be of other than money paid down, see ante, p. 65, n. (3). bond (1) or obligation in writing, of even date MORTGAGES herewith, in the penalty of £ conditioned > Undivided Leaseholds. in consideration lent, to be void on the payment of the said sum of Moiety, &c. of £ and interest, at the time and in the manner hereinafter mentioned. NOW THIS INDENTURE WITNESS, that WITNESSETH, that in pursuance of the said agree of the money ment, and for and in consideration of the sum of £ of lawful money (2) of that part of the United Kingdom of Great Britain and Ireland called England, to the said (mortgagor) in hand well and truly paid by the said (mortgagee) at or immediately before the sealing and delivery of these presents, the receipt whereof the said (mortgagor) doth hereby acknowledge, and of and from the same doth acquit, release, exonerate, and for ever discharge the said (mortgagee) his executors, administrators, and assigns, and every of them, by these presents, and by the receipt for the same sum hereupon indorsed; [And which said sum of £ is the same sum of £ as is mentioned in the condition of the hereinbefore in part recited bond;] HE the said (mortgagor) the mortgagor HATH granted, bargained, sold, assigned, trans- signs. ferred, and set over, and by these presents Doth grant, bargain, sell, assign, transfer, and set over, unto the said (mortgagee) his executors, administrators, and assigns, ALL that undivided moiety grants and as (1) As to a bond, see ante, p. 32, n. (1). And for the form Bond. of such bond, see WILDE'S SUPPLEMENT, Voce BOND. (2) If the consideration be a transfer of money in the funds, Loan of stock. see ante, p. 66, n. (4). Undivided Leaseholds. Parcels. MORTGAGES or full half part, (the whole into two equal parts being considered as divided) of and in ALL Moiety, &c. of those (1) the said several messuages or tenements, &c. (as the case may be) and all and singular other the premises comprised in and expressed to be demised by the said hereinbefore in part recited indenture of lease, of the day of [and so bequeathed to the said (mortgagor) and A. B. in or by the said in part recited will, as hereinbefore is mentioned,] and of and in all and every the rights, privileges, easements, advantages, and appurtenances whatsoever, to the same premises belonging, or now, or usually, or heretofore occupied or enjoyed therewith, or with any part thereof, together with [or a true and attested copy of] the said in part recited indenture of lease, and [of] all mesne assignments, if any thereof; [and all benefit and advantage of the same,] and all the estate, right, title, interest, term or number of years now to come and unexpired, property, claim, and demand whatsoever, both at law and in equity, or otherwise howsoever, of him the said (mortgagor) of, in, to, upon, or concerning the said premises, or any part or parcel thereof. To HAVE AND TO HOLD the said undivided moiety or full half part, of and in the said messuages or tenements, and all and singular To hold to the mortgagee for the residue of the term. Parcels. (1) If any material variation, by reason of new erections or otherwise, have taken place in the description of the premises since their demise or assignment to the mortgagor, see ante, p. 733, n. (2). |