DECLA RATION OF TRUST.

Mortgage.

shall direct or appoint, free from all incumbrances whatsoever had, made, done, committed, or executed, or wittingly or willingly permitted or 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 his, their, or any of their usual abode or dwelling. AND if the said (mortgagee) his executors, Power of sale in administrators, and assigns, shall at any time, before, &c. give or leave such notice in writing as aforesaid; and he the said (mortgagor) his èxecutors, administrators and assigns, do not or shall not, within the said space of six calendar months, to be computed from 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 inte

rest which shall be due or owing for the same;
or if the said (mortgagee) his executors, admi-
nistrators, and assigns, do not or shall not at any
time before, &c. give or leave any such notice in
writing as aforesaid; and the said (mortgagor)
his executors, administrators, and assigns, do not
or shall not well and truly pay or cause to be paid
unto the said (mortgagee) his executors, admi-
nistrators, and assigns, the said sum 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,

certain events.

DECLARATION OF TRUST.

Mortgage.

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 appurtenances for the most money and best price that can be reasonably had 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 chargés and expences attending the same unto the said (mortgagor) 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) his executors, administrators, and assigns, the purchaser or purchasers of the said, &c. shall from thenceforth

fications to purchasers.

DECLA

TRUST.

peaceably and quietly have, hold, use, occupy, RATION OF possess, and enjoy the same, &c. and every part and parcel thereof with their appurtenances for and Mortgage. during the then rest, residue, and remainder of the years, freed and absolutely dis

that mortgagor

enjoy until

said term of charged of and from all right, title, and equity of redemption of him the said (mortgagor) his executors, &c. AND the said (mortgagee) doth Covenant hereby for himself, his heirs, executors, adminis- shail quietly 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) his executors, administrators, and assigns, until 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) his exccutors, &c. yielding and paying for the same to the saids(mortgagee) his executors, administrators, and assigns, yearly and every year during such time as aforesaid, the clear annual sum of by two even and equal half 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

distress.

as and 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

DECLA

RATION OF
TRUST.

Mortgage.

Covenant for payment of the money.

then

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
and so often as it shall so happen, it shall and may
be lawful to and for the said (mortgagee) his exe-
cutors, administrators, and assigns, 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
due, with the charges of such seizure or distress
as aforesaid, to sell and dispose of all such goods
and other things as shall have 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 (mort-
gagce) his executors, administrators, or assigns.
AND the said (mortgagor) for himself, his heirs,
executors, administrators, and assigns, doth here-
by 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 in-

terest for the same at the times and in the manner hereinbefore n entioned, without any deduction or abatement whatsoever according to the true inWaiver of pri- tent and meaning of hese presents. AND the said vilege of pur- (morigager) doth aereby waive all privilege of

liament.

DECLA

TRUST.

Mortgage.

parliament in the present and every future par- RATION OF liament, and all other privilege whatsoever which he now hath or shall or may hereafter have, enjoy, 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 (mortgagee) 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 (mortgagee) 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, be the said (mortgagee) 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