MORTGAGES Leaseholds by two or more Mortgagors. No. XLIV. Mortgage of Leasehold Premises by Tenants in &c. and] in the year of our Lord BE copartners Recital of agreement for loan. in trade of the one part, and (the mortgagee) of, &c. Variations. Brevity. Recitals. Loan of stock. (1) See also ante, Vol. III. No. LXXIX. p. 262, et seq. also ante, p. 729. * If brevity be particularly desired, the words within brackets may be omitted throughout the precedent. (2) Recite here the lease as ante, p. 730, and the assignment, if any, as ante, p. 731, n. (1). (3) If the loan be of money in the funds, see ante, p. 65, n. (3). Leaseholds Mortgagors. in consideration lent, secured by the bond (1) of the said (mortgagors), MORTGAGES and such assignment by way of mortgage, of the said messuages or tenements comprised in the said by two or more indenture of lease, as hereinafter is contained ; and in part pursuance of the said agreement on the part of the said (mortgagors) they have this day executed their joint and several bond, with a condition thereunder written to vacate the same on payment of the said principal and interest money at the time and in the manner therein and hereinafter mentioned. NoW THIS INDENTURE WIT- WITNESS, that NESSETH, that in further pursuance and perform of the money ance of the said agreement, and for and in consideration of the sum of £ of lawful and current money of that part of the United Kingdom of Great Britain and Ireland called England (2) to the said (mortgagors) or one of them by and with the privity and approbation of the other of them, testified by their respectively signing the receipt or acknowledgment for the same sum hereupon indorsed, 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 (mortgagors) do hereby acknowledge, and of and from the same and every part thereof, do, and each of them doth, acquit, release, exonerate, and for ever discharge the said (1) See ante, p. 32, n. (1); and for the form of this bond, Bal. 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). MORTGAGES (mortgagee) his executors, administrators, and assigns, by these presents and by the said receipt or acknowledgment hereupon indorsed, and which said sum of £ is the same sum of £ Leaseholds by two or more Mortgagors. grant and as sign. Parcels. as is mentioned in the condition of the hereinthe mortgagors before in part recited bond, THEY the said (mortgagors) HAVE and each of them HATH granted, bargained, sold, assigned, and demised, and by these presents Do and each of them DоTH grant, bargain, sell, assign, and demise unto the said (mortgagee) his executors, administrators, and assigns, ALL those (1) the said several messuages or tenements, pieces or parcels of ground (or as the case may be) and all and singular other the premises comprised in and expressed to be demised by the hereinbefore in part recited indenture of lease, of the day of [and (if so) so assigned to them the said (mortgagors) in or by the said in part recited indenture of assignment of the of ,] with all and every the rights, members, easements, and appurtenances to the same belonging, or therewith, or with any part thereof, now or usually holden, occupied, or enjoyed; ToGETHER with the said in part recited indenture of lease, [and all mesne assignments and underleases, if any, thereof,] and all benefit and advantage of 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 mortgagors, see ante, p. 733, n. (1). Leaseholds by two or more Mortgagers. the same [respectively,] and of all and every the MORTGAGES covenants, clauses, provisos, and agreements therein contained, which, on the part of the lessor or landlord [or any underlessee or underlessees] of the said premises, are to be performed or observed. AND all the estate, right, title, interest, term of years now to come and unexpired, property, claim, and demand whatsoever, of them the said (mortgagors) and of each of them, both at law and in equity, in, to, or concerning the said premises, and every or any part or parcel thereof, under or by virtue of the said in part recited indenture of lease, [and indenture of assignment, or otherwise howsoever.] TO HAVE AND TO HOLD the said messuages or tenements, and all and singular other the premises hereby assigned, demised, or otherwise assured, or intended so to be, with their and every of their respective rights, members, easements, and appurtenances, unto the said (mortgagee) his executors, administrators, and assigns, from henceforth for and during all the residue or remainder which is or may be yet to come and unexpired by effluxion and computation of time, of the said term or period of years, in and by the said in part recited indenture of lease granted, save only and except the last day of the said term, free and clear, or otherwise protected or indemnified against the rent in and by the same indenture of lease reserved, and the covenants, provisos, and agreements therein contained, on the part of the said (mortgagors) their executors, administrators, or assigns, to be paid, performed, or To HOLD to the mortgagee for the residue of the term. Free from the venants in the rent and co lease. Leaseholds by two or more Mortgagors. Proviso for redemption. the mortgagors the money. MORTGAGES observed, for or in respect thereof, YIELDING and paying therefore, &c. (1). BUT subject to the proviso, condition, or agreement for redemption of the said premises hereinafter contained (2) (that is to say) PROVIDED ALWAYS, nevertheless, and these presents are upon this express condition, that if the said (mortgagors) or either of them, their or any or either of their heirs, executors, or administrators, do and shall, &c. (Continue usual proviso Covenant by for redemption) (3). AND the said (mortgagors) for payment of for themselves jointly and severally, and for their several and respective heirs, executors, and administrators, do and each of them doth hereby covenant, promise, and declare, to and with the said (mortgagee) his executors, administrators, and assigns, in the manner following, (that is to say) that they the said (mortgagors) or one of them, or their or his heirs, executors, or administrators, shall and will well and truly pay, &c. (Continue covenant for payment of the money) (4). AND also that, &c. (Covenant that lease is valid, &c.) (5). AND further that, &c. (Entry and quiet enjoyment by mortgagee after default) (6), without Quiet enjoy ment after default. Assignment of policy of as surance. Redemption, (1) See ante, p. 736. (2) If the premises consist principally of houses, or other buildings, the mortgagors should insure previously to the execution of the deed, and assign the policy. See the form of such an assignment, ante, pp. 87.98. (3) See ante, p. 736. (4) See ante, p. 738. (5) See ante, p. 740. |