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DECLA-
RATION OF

TRUST.

1

of twenty-one days next after any of the said days whereon the same ought to be paid as aforesaid,

that then and in such case and from time to time Mortgage.

and so often as it shall so happen, it shall and may be lawful to and for the said ( inortgagee) bis executors, administrators, and assigos, into and upon the said, &c. or any part thereof to enter, and for all arrears of the said annual sum, to seize and distrain any goods and other things which shall be then and there found, and the same to take, drive, and carry away; and in case the same shall not be redeemed in five days by payment of all arrears of the said annual sum of then due, with the charges of such seizure or distress as aforesaid, to sell and dispose of all such goods and other things as shall bave been so seized or distrained, and out of the monies arising thereby, to retain and keep so much of the same annual sum as shall be then due and in arrear, and all charges of such seizure or distress as aforesaid, rendering the overplus, if any, to the said (nort

gagee) his executors, administrators, or assigns. Covenant for

And the said (mortgagor) for himself, his heirs, executors, administrators, and assigns, doth bereby covenant, promise, and agree to and with the said (mortgagee) his executors, administrators, and assigns, that he the said (mortgagor) his executors and administrators shall and will well and truly pay, or cause to be paid unto the said (mortgagee) his executors, administrators, and assigns, the aforesaid sum of

and all interest for the same at the times and in the manner hereiubefore n entioned, without any deduction or

abateme t whatsoever according to the true inWaiter of pri- test and meaning is hese presents. And the said

(morigager) duih uu uby waive all privilege of

payment of the
money.

vilege of par. liament.

DECLA.

TRUST.

parliament in the present and every future par- Ratios of liament, and all other privilege whatsoever which he now bath or sball or may hereafter have, en

Norigage. joy, or be or become entitled to, for, upon account, or in respect of the aforesaid sum of and the interest thereof, and in every action and actions, suit and suits which shall or may at any time or times hereafter be brought, commenced, prosecuted, or carried on for the recovering, obtaining, or compelling payment of the said sum of

and interest, or either of them, or any part of them, or either of them, or for the recovering the possession of the aforesaid messuages, &c. or any part thereof, or for, upon account, or in respect of any such conveyance, sale, assignment, or disposition which shall or may in pursuance of these presents be made by the said (mortgugee) his executors, &c. of, &c. or upon account or in respect of or anywise relating to any entry or entries, distress or distresses which shall or · may by virtue of the power hereinbefore given or

reserved to the said (mortgagce) his executors, &c. be made by him, them, or any of them, or for, upon account, or in respect of all or any of the purposes aforesaid; and doth agree that if default shall be made in payment of the said sum of

and interest, or either of them, or any part or parts of them, or either of them, contrary to the true intent and meaning of these presents, l'e the said (mortgagce) his executors, &c. shall and may commence, bring, prosecute, and carry on any such action or actions, suit or suits, and also convey, sell, assign, and dispose of the said, &c. or make any such entry or entries, and distress or distresses aforesaid, notwithstanding any

AGREEMENT privilege of parliament or any other privilege

whatsoever which he the said (mortgagor) now hath, or shall or may have, enjoy, or be entitled to, in such and the same manner to all intents and purposes whatsoever, as he the said (mortgagee) his executors, administrators, and assigns might or could do in case the said (mortgagor) had not nor was entitled to any such or other privilege whatsoever. IN WITNESS, &c.

No. XI.

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Agreement between Judgment Creditors and a

Mortgagee, that the latter, though subsequent in time shall have priority in Payment.

TO ALL WHOM THESE PRESENTS shall come unto and concern, Sir E. L. of, &c. dame A. his wife, L. Y. of, &c. spinster, and J. Y. of, &c. spinster, which said dame A., L. Y., and J. Y. are three of the sisters of the within named G. Y. and the within named R. C. and W. W. severally send greeting. Whereas the within named G. Y. now is and standeth justly indebted to the said Sir E. L. in right of the said dame A. his wife, and to the said L. Y. and J. Y. by bonds and judge' ments, or otherwise in the several sums of money next hereinafter mentioned, (that is to say) To the said Sir E. L. in right of the said dame A. bis wife, in the several principal sums of and

į making together the principal sum of

and also in the sum of

for interest due thereon, to the day of the date of these presents ; To the said L. Y. in the several principal sums of

AGREEMENT

To postpone
Securities.

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and making together the sum of

and also in the sum of for interest due thereon to the day of the date of these presents ; And to the said J. Y. in the several principal sums of

making together the principal sum of

and also the sum of for interest due thereon to the day of the date of these presents. And in order to promote and facilitate such loan of the sum of

to the said G. Y, as is within mentioned, and to obtain a mortgage of the equity of redemption of the within mentioned manors, hereditaments, and premises, for securing such sums of money as are respectively due and owing to them from the said G. Y. as aforesaid, they the said E. L. and dame A. his wife, L. Y. & J. Y. are respectively consenting that all benefit of such process or execution as may at any time hereafter be sued out or taken upon the said judgments or any of them, (so far as such process shall affect or take in execution the said manors, hereditaments, and premises comprised in the within written indenture of mortgage, or security for

, or any of them, or any part thereof respectively,) shall in the first place be applicable to the payment of the said sum of

and the interest thereof; and in the next place to the payment of such principal sums of money, and the interest thereof, as are intended to be secured to the said E. L. and dame A. his wife, L. Y. and J. Y. respectively, and to their respective executors, administrators, and assigns, in and by certain indentures of lease and release and appointment already prepared and in: tended to bear date the and

of this

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AGREEMENT present month of

being of three parts, To post one

and made or mentioned to be made between the Securities,

said E. Y. and A. his wife, of the first part, the said R. C. and W.W.of the second part, and the said E L. and damne A. bis wife, L. Y. and J. Y. of the third part. Now THEREFORE THESE PRESENTS WITNESS, and in consideration of the

premises, and for the better securing the payment of the said sum of

and interest within mentioned, to be secured to the said R. C. and W. W. their executors, administrators, and assigns, the said E. L. for himself, his heirs, executors, and adıninistrators, and for the said dame A. his wife, the said L Y. for herself, her heirs, executors, and administrators, and the said J. Y. for herself, her heirs, executors, and administrators, Do, and each and every of them Doth, hereby covenant, promise, and agree to and with the said R. C. and W. W. their executors, administrators, and assigns, that all benefit and advantage of such process or execution as shall or may at any time or times hereafter be sued out, obtained, or taken

upon the said judgments, or any of them, so far as such process shall affect or take in execution the said manors and premises com prized in the within written mortgage or security for

or any of them, or any part thereof respectively, shall in the first place be liable and applicable to the payment of the said sum of

and the interest thereof, or so much thereof respectively as shall be then due and owing, and that subject thereto all benefit and advantage of such execution or executions as aforesaid, shall be ap, licable only to the pay. znent of such principal sums of money and the

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