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ciaments, statutes, recognizances, judgments, MORTGAGE. executions, extents, seizures, sequestrations, and all other acts, estates, titles, troubles, charges, liens, burthens, and incumbrances whatsoever, had made, done, acknowledged, raised, created, suffered, obtained or executed, by or against the said (mortgagor) his heirs or assigns, or any other person or persons whomsoever, other than and except the incumbrance hereinbefore particularly Except the inexcepted. AND MOREOVER, that he the said aforesaid.
For further as(mortgagor) his heirs, executors, administrators, surance disand assigns, and all and every other person and charged of repersons whomsoever, having, or lawfully or case of default
in payment. equitably claiming, or who shall or may have, or lawfully or equitably claim any estate right, title or interest, of, in, or to the said manor, messuage, lands, tenements, hereditaments, and premises hereby granted and demised, or expressed and intended so to be, or any of them, or any part thereof, other than and except the person or persons rightfully claiming or to claim under or by virtue of the incumbrance hereinbefore excepted as aforesaid, shall and will, from time to time and at all times after default of payment of the said costs and expences, and interest or any part thereof, respectively, upon the request and at the costs and expences of the said (mortgagee) his executors, administrators, or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, devises, conveyances and assurances in the law whatsoever, not only for confirming and making absolute the said term of
years, and for further assuring the said manor, messuages, lands, tenements, heredita
MORTGAGE. ments and premises hereby granted and demised, By Demise. or expressed or intended so to be, unto the said
(mortgagee) his executors, administrators and assigns, for and during all the rest, residue and remainder of the said term, freed and absolutely discharged of and from the proviso hereinbefore contained for redemption of the said premises, and of all power and equity of redemption, of, in, and to the same; but also for granting: conveying, or assuring the reversion, fee simple, and inheritance thereof to the said (nortgagee) his heirs and assigns, or to such other person or persons as he or they shall direct or appoint, subject only to the said excepted incumbrance, if the same shall be then subsisting or unsatisfied, as by the said (mortgagee) his heirs, executors, administrators or assigns, or his or their counsel in
the law shall be reasonably devised or advised and That mortgagee required. PROVIDED ALWAYS, and it is hereby enjoy until de. agreed and declared between and by the said
(mortgagee) and (mortgagor) and the true intent and meaning of them and of these presents further is, that it shall and may be lawful to and for the said (mortgagor) his beirs, executors, administrators, and assigns, peaceably and quietly to have, bold, occupy, possess, and enjoy the said manor, messuages, lands, tenements, hereditaments, and premises hereby granted and demised, or expressed or intended so to be, with the appurtenances, and to receive and take the rents, issues, and profits thereof, and of every part thereof, to his and their own use and benefit, until default shall be made in payment of the said costs and expences, and interest to the said (mortgagee) or some part thereof, contrary to the purport of
the proviso and covenant hereinbefore contained, MORTGAGE. for payment of the same, and the true intent and
By Demise. meaning of these presents, without any lett, suit, trouble, interruption or disturbance whatsoever, of, from, or by the said (mortgagee) his executors, administrators, and assigns, or any other person or persons whomsoever, lawfully claiming or to claim by, from, or under him, them, or any of them; and without any account to be made or given, of or concerning the same, to the said (mortgagee) his executors, administrators, or assigns. IN WITNESS, &c.
LEASE AND RELEASE,
Upon Trust to
A very special and useful Precedent of Conveyance from Co-Heiresses and their Husbands by Lease and Release and Fine.
Recites a mortgage by demise.
This INDENTURE made, &c. BETWEEN John Doe, and Hannah his wife, Richard Kve, and Ann his wife, and William Denn and Mary his wife, (which said Hannah Doe, Ann Roe, and Mary Denn, are the three only daughters and coheiresses of John Fenn, late of, &c. deceased intestate; and also the only daughters and coheiresses of Hannuh the wife of the said John Fenn, who survived her said husband, and which said Hannah Fenn was one of the two sisters and coheiresses at law of Ellen Goodright, late of, &c. deceased intestate) and (three trustees) of the other part. WHEREAS, by a certain indenture bearing date on or about the
and made or expressed to be made between the said (John Fenn and Hannah his wife) of the one part, and (a mortgagee) of the other part; and by a certain other indenture of three parts bearing even date with the said last mentioned indenture, and made or expressed to be made between the said (John Fenn and Hannah his wife) of the first part; ( and
his wife) of the second part; and the said (mortgagee) of the third part; and by force and virtue of a certain fine sur conusance de droit come ceo, &c. levied in pursuance of certain covenants contained in the said several
indentures for that purpose, the messuage or LEASE AND tenement, closes, pightles, or pieces of arable land, meadow and pasture ground hereinafter Upon Trust to described, and mentioved to be situate at in the county of
were limited, conveyed, assured, and confirmed to the use of the said ( mortgagee) bis executors, administrators, and assigns, for the term of years, by way of mortgage for securing the payment of the sum of and interest after the rate of
per centum per annum, at such time and in such manner as in the said first mentioned indenture is expressed. And from and after the determination of the said term and subject thereto, to the use of the said (John Fenn) his heirs and assigns for ever. AND WHERE- The death of As the said (John Fenn) some time since departed intestate.
the mortgagor this life intestate, leaving the said (Hannah Doe, Ann Roe, and Mary Denn, his three only children him surviving, who thereupon became entitled to the said messuage or tenement, lands and hereditaments at
aforesaid, as tenants in coparcenary, subject to the said mortgage. AND WHEREAS the said term of years, and and that the the principal and interest monies thereby secured, come vested in bath now become vested in
AND WHEREAS (William Stiles) father of the said sagee also de(Hannah Fenn) and likewise of the aforesaid The will of the (Ellen Goodright) and of (Ann Noakes ) widow, ex parte materhereinafter oanned, DID (in and by his last will and testament executed and attested as the law requires, for passing real estates, and bearing date on or about the
term has be
the representatives of mort.
na of the coheiresses.
(1) Here may be shewn shortly how he claims under (mortBagee) whether as assignee, representative, or otherwise.