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By Demise.

Proviso for redemption.

day of

MORTGAGE. gee) which is still subsisting or unsatisfied, and to the stock and dividends thereby to him secured. 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 heirs, 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 deduction, 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 te nants 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 whomsoever, 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.

pay the money.

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 executors and administrators, doth covenant, promise, and agree, to and with the said (mortgagee) 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 (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 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, hath 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 (mortga gee) 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

has power to

enjoy in default of payment,

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 (mortgagee) 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 hereditaments, or any of them, or any part thereof, to enter, and the same from thenceforth peaceably and quietly to have, hold, 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 mortgage to the said (prior mortgagee) but to no other

Free from all incumbrance whatsoever. AND THAT free and clear,

other incum

brances,

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

By Demise.

cumbrance

For further as

demption in

in payment.

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. (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 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

By Demise.

MORTGAGE. ments and premises hereby granted and demised, 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 (mortgagee) 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 shall quietly 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 heirs, executors, administrators, and assigns, peaceably and quietly to have, hold, 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

fault.

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