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DECLARATION OF TRUST.

DECLARATION OF

TRUST.

Murtgage.

No. X.

Declaration of

Declaration of the Trusts of an Assignment by

way of Mortgage, with Powers of Distress and Sale to secure the Princpal and Interest and waiver of Privilege, the Mortgagos being a Member of Parliament. This INDENTURE made, &c. Between (mort- Recites an as.

signment of gagee) of, &c. of the one part, and (mortgagor) itase. of, &c. of the other part. (Recite assignment of lease.) Now THIS INDENTURE WITNESSETH,

the truststberge And it is hereby expressly declared and agreed by of. and between the said parties hereto, That the said messuages, &c. were by the said indenture of three parts so assigned unto the said (mortgagor) his executors, administrators, and assigns, to and for the intent and purpose, and under and sube ject to the provisoes, declarations, and agreements hereinafter mentioned and expressed; that is to say, that if the said (mortgagee) bis exe: cutors, administrators, and assigns, shall at any time hereafter before the which will be in the year of our Lord be minded or desirous to have the sum of £ paid to him or them, and of such his or their mind or desire shall give notice in writing to the said (mortgagor) his executors, administrators, and assigns, or leave the same for him or them at

and the said (mortgagor) his executors, administrators, and assigas, do and shall any

time within the space of six calendar months, to be computed from the time of giving

day of

at

DECLA. RATION OF

TRUST.

Mortgage.

on

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Sum of

or leaving such notice as aforesaid, well and truly
pay or cause to be paid unto the said (mortga-
gor) bis executors, administrators, and assigns,
the said sum of £ together with all interest,
which from the day of the date bereof shall be then
due or owing for the same, after the rate of five
pounds for £ for a year, without any de-
duction or abatement whatsoever. Or if the said
(mortgagee) his executors, administrators, and
assigns, do not or shall not, before, &c. give or
leave any such notice in writing as aforesaid ; and
the said (mortgagor) his executors, administra-
tors, and assigos, do and shall well and truly pay,
or cause to be paid unto the said (mortgager) bis ·
executors, administrators, and assigns, the said
sum of
the said

and of the annual , as and for the yearly interest of the said sum of after the said rate of five pounds for £ for a year, by two even and equal half yearly payments in every year, on the days, or at the times hereinafter mentioned, (that is to say,) on, &c.; the first payment of the said annual sum of £ to begin and be made on the

next ensuing the date of these presents, without any deduction or abatement whatsoever : Then, and in either of the said cases, be the said (mortgagee) his executors, administrators, and assigns, shall and will upon the said sum of and interest being so paid to him or them as aforesaid, at the costs and charges of the said (mortgagor) bis executors, administrators, and assigns, assign and transfer the aforesaid premises with their appurtenances, unto the said (mortgagor) his executors, administrators, and assigns, for and during all the rest, residue and remainder of the aforesaid term of years, or as he or they

day of

DECLA. RATION OF

TRUST.

shall direct or appoint, free from all incumbrances whatsoever had, made, done, committed, or executed, or wittingly or willingly permitted or

Mortgage. suffered by the said (mortgagee) his executors, administrators, and assigns, so as for the doing thereof the said (mortgagee) his executors, administrators, and assigns, be not compelled or obliged to go or travel from the place or places of bis, their, or any of their usual abode or dwelling. And if the said (mortgagee) his executor's, Power of sale ia

certain events. administrators, and assigns, shall at any time, before, &c. give or leave such notice in writing as aforesaid; and be the said (mortgagor) his èxecutors, adıninistrators and assigns, do not or shall not, within the said space of six calendar months, to be computed frora the time of giving or leaving such notice as aforesaid, well and truly pay, or cause to be paid unto the said (mortgagee) his executors, administrators, and assigns, the aforesaid sum of

together with all interest which shall be due or owing for the same; or if the said (mortgagee) his executors, administrators, and assigns, do not or shall pot at any time before, &c. give or leave any such notice in writing as aforesaid ; and the said (mortgagor) bis executors, administrators, and assigns, do not or shall not well and truly pay or cause to be paid unto the said (mortgagee) his executors, administrators, and assigns, the said surn of and all such annual sums for the interest thereof as aforesaid, and every part thereof, in the shares and

proportions, at the time and in the manner hereiubefore mentioned for payment thereof, then and in either of the said cases, and from and after any such default shall be made of or in payment of the said sum of

and the interést thereof,

DECLARATION OF

TRUST.

Mortgage.

fications to purchasers.

or either of them, or any part or parts of them or either of them, that he the said (mortgagee) his executors, administrators, and assigns, shall and may alone, without the consent or concurrence of the said (mortgagor) his executors, administrators, and assigns, convey, sell, assign, and dispose of the said messuages, &c. with their appur. tenances for the most money and best price that can be reasonably bad or gotten for the same ; and do and shall, by, with, and out of the monies arising from such sale or sales, pay or retain to him or themselves the said, &c. and all interest then due for the same, and do and shall pay the residue or surplus of the money arising by such sale, after deducting all charges and expences at

tending the same unto the said (mortgayor) his Usual indemni- executors, administrators, and assigns. And it

is hereby declared and agreed, that in case of such sale as aforesaid, the receipt or receipts of the said (mortgagee) his executors, administrators, and assigns, for the purchase monies arising thereby, shall be a good and sufficient discharge and discharges to the purchaser or purchasers of the said premises, his, her, and their executors, administrators, and assigns, and that such purchaser or purchasers shall not any ways be answerable or accountable for any loss, misapplication, or non-application of the sum or sums of money which in and by such receipt or receipts shall be expressed to be received or any part thereof. AND that from and immediately after the execution of such conveyance, sale, assignment, or disposition and payment of the said purchase monies to the said (mortgagee) bis executors, administrators, and assigns, the purchaser or pur. chasers of the said, &c. shall from thenceforth

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DECLARATION OF

TRUST.

that mortgagor

peaceably and quietly have, hold, use, occupy, , possess, and enjoy the same, &c. and every part and parce! thereof with their appurtenances for and

Mortgage. during the then rest, residue, and remainder of the said term of

years, freed and absolutely discharged of and from all right, title, and equity of redemption of him the said (mortgagor) his executors, &c. And the said (mortgagee) doth Corenant hereby for himself, his heirs, executors, adminis- shail quicity trators, and assigns, covenant, grant, and agree default. to and with the said (mortgagor) his executors, &c. that he the said (mortgagor) his executors, &c. shall and may peaceably and quietly have, hold, use, occupy, possess, and enjoy the said, &c. with their appurtenances, as tenant and tenants thereof to the said (mortgagee) bis executors, administrators, and assigns, uotil the said, &c. or until the end of six calendar months next after the giving or leaving such notice in writing as aforesaid which shall first happen, he the said (mortgagor) bis exccutors, &c. yielding and paying for the same to the saids(mortgagee) his exe. cutors, administrators, and assigns, yearly and every year during such time as aforesaid, the clear annual sum of

by two even and equal balf yearly payments in the year on such days or times as hereinbefore mentioned, for and in lieu, satisfaction, and discharge of the aforesaid like annual sum of as ard for the yearly interest of the said sum of the first payment thereof to begin and be made on, &c. next ensuing the date of these presents. PROVIDED ALWAYS, and Power of it is hereby also declared and agreed, and the true intent and meaning of these presents also is, that if the said annual sum of

or any part thereof, shall be behind and unpaid by the space

distress.

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