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specific estate, ad to dis. charge the trust

MORTGAGE. of release, the amount of which have not as yet By Demise,

been ascertained, which trusts have been perform

ed or rendered unnecessary. AND WHEREAS the agreed to take a said (mortgagor) bath applied to and requested the merce interesante, said (mortgagee) to convey, or join with him the

said (mortgagor) in conveying the aforesaid property. hereditaments to such person or persons, and to

or for such uses and estates as he the said (mortgagor) shall or may direct or appoint, which the said (mortgagee) hath agreed to do upon the said (mortgagor) conveying or demising by way of mortgage, unto him the said (mortgagee), the manor and hereditaments hereinafter mentioned or described for securing the amount of such costs

and expences, with interest for the same, in the Considerationmanper hereinafter mentioned. Now THEREFORE

This INDENTURE WITNESSETH, that in pursuance of the said agreement, and of the monies due and owing to the said (mortgagee) on account of the aforesaid trusts, and for and in consideration of the sum of five shillings of lawful money of the united kingdom, &c. by the said (mortgagée) to the said (mortgagor) paid upon or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, He the said (mortgagor) Hath granted, bargained, sold, and demised, and by these presents Doth grant, bar. gain, sell, and demise unto the said (mortgagee) his executors, administrators, and assigns, All, &c. and which said major, messuages, lands, tenements, and hereditaments are comprised in and were conveyed or assured, or were intended to be comprised in, conveyed, or assured by certain indentures of lease and release, bearing date respectively the and

days of and made or expressed to be made between the

Demise.

said (mortgagor) of the one part, and (a prior MORTGAGE. mortgagee) of the other part, unto and to the use

By Demise. of the said (prior mortgagee) his heirs and assigns, for securing to the said (mortgagee) his executors, administrators, or assigns, the transfer by the said (mortgagor) his heirs, executors, or administrators, of the sum of three per cent. consolidated reduced bank annuities, on a day therein mentioned, and long since past, with dividends, as in the same indenture of release is expressed; And all other the manors, messuages, lands, tenements, and hereditaments of him the said (mortgagor) conveyed or expressed, and intended to be conveyed by the said (mortgagor) to the said (prior mortgagee) by way of mortgage in fee as aforesaid. And the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the said hereditameots ; and also all the estate right, title, interest, inheritance, use, trust, property, equity, and benefit of redemption, possibility, claim, and demand whatsoever of him the said (mortgagor) of, in, to, out of, or upon the same hereditaments, and every part thereof: TO HAVE AND TO Habendum for HOLD the said manor or lordship, messuages, lands, tenements, and hereditaments expressed, and intended to be hereby granted and demised, with their and every of their appurtenances, unto the said (mortgagee) bis executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during and unto the full end and term of years from thence next ensuing, and fully to be compleat and ended without impeachment of or for any manner of waste; SUBJECT nevertheless Subject to a to the said mortgage to the said (prior mortga- gage.

a terın of years.

former mort

Proviso for redemption.

day of

MORTGAGE. gee) which is still subsisting or unsatisfied, and

to the stock and dividends thereby to himn secured. By Demise,

ProvideD ALWAYS nevertheless, and these presents are upon this express condition, and it is hereby agreed and declared between and by the said parties to these presents, that if the said (mortgagor) his beirs, executors, administrators, or assigns, shall and do well and truly pay or cause to be paid to the said (mortgagee) his executors, administrators, or assigns, the amount of the costs and expences which the said (mortgagee) hath incurred and sustained in the execution of the trusts hereinbefore mentioned, on the

next ensuing the date of these presents, together with lawful interest for the same, in the mean time to be computed from the day next before the day of the date of these presents, without any deduetion, defalcation, or abatement out of the same or any part thereof, for or by reason, or in respect of any taxes, charges, rates, assessments, payments, or impositions, taxed, charged, assessed, or imposed, or to be taxed, charged, assessed, or imposed on the said manor, messuages, lands, tenements, hereditaments and premises hereby granted and demised, or expressed or intended so to be, or on the tenants or occupiers thereof, or upon the said costs and expences, or the interest thereof, or any part thereof respectively, or upon the said (mortgagee) his executors, administrators, and assigns, or any other person or persons whonisoever, for, upon account, or in respect of the same monies and premises, by any present or future act of parliament; or for or by reason, or in respect of any other matter, cause, or thing whatsoever; then, from,

and immediately after such payment shall be made MORTGAGE. as aforesaid, the said term of

years By Demise. shall cease, determine, and be absolutely null and void to all intents and purposes whatsoever. And the said (mortgagor) for himself, his heirs, Covenant to

pay the money. executors and administrators, doth covenant, promise, and agree, to and with the said (anortgayee) his heirs, executors, administrators, and assigns, by these presents in manner following, that is to say, that he the said (mortgagor) his executors or administrators or some of them, shall and will well and truly pay, or cause to be paid unto the said (nortgagee) his executors, administrators or assigns, the amount of the costs and expences which the said (mortgagee) .hath incurred and sustained in the execution of the trusts before mentioned, with lawful interest for the same, at the time hereinbefore limited or expressed for payment thereof, without any deduction, defalcation, or abatement, for or in any respect whatsoever, according to the purport and effect of the aforesaid proviso for redemption of the premises, and the true intent and meaning of these presents. And Also, that he the said (mortga- That mortgagor gor) now at the time of the sealing and delivery grant, &c. of these presents, bath in himself good right, full

power, and lawful and absolute authority to grant, bargain, sell, and demise the said manor, messuages, lands, tenements, hereditaments, and premises hereby granted and demised, or expressed and intended so to be unto the said (mortgagee) his executors, administrators, and assigns, in manner and subject as aforesaid, and according to the true intent and meaning of these presents. AND ALSO, that when and so often as, and from The mortgagee

shall quietly

MORTGAGE. time to time after any default shall be made in By Demise. payment of the aforesaid costs, and expences, and

interest, or any part thereof to the said (mortof payment, le gagee) his executors, administrators, or assigns

, contrary to the proviso and covenant hereinbefore contained, for payment of the same, and the true intent and meaning of these presents, it shall and may be lawful to and for the said (mortgagee) his executors, administrators, and assigns, into and upon all and every the said manor and here. ditaments, or any of them, or any part thereof, to enter, and the same from thenceforth peaceably and quietly to have, bold, use, occupy, possess, and enjoy, and to receive and take the rents, issues, and profits thereof, to and for his and their own use, without any lett, suit, trouble, eviction, ejection, molestation, interruption, or disturbance whatsoever, of, from, or by the said (mortgagor) his heirs, executors, administrators, or assigns, or any other person or persons whomso. ever, except the person or persons rightfully claiming or to claim under or by virtue of the said mort

gage to the said (prior mortgagee) but to no other Free from all incumbrance whatsoever. AND THAT free and clear,

and freely and clearly, and absolutely acquitted, exonerated and discharged, or otherwise, by the said (mortgagor) his heirs, executors, or administrators, well and sufficiently saved, protected, kept harmless and indemnified, of, from, and against all and all manner of former and other gifts, grants, bargains, sales, leases, mortgages, jointures, dowers, right and title of dowers, uses, trusts, powers, provisoes, conditions, limitations, wills, intails, annuities, rent charges, rent seck, and arrears of rent, fines, issues, amer

other incumbrances,

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