18. DISCHARGE OF MORTGAGE, SUFFICIENT EVERYWHERE IF ACKNOWLEDGED AND RECORDED LIKE A DEED OF

CONVEYANCE.

I, C. D. of, &c., the mortgagee named in the mortgage, dated, &c., and recorded, &c., have received from A. B., the mortgagor named in said mortgage, payment and satisfaction of the same; and in consideration thereof I hereby cancel and discharge said mortgage, and release and quitclaim, unto the said A. B. and his heirs and assigns forever, the premises therein described.

Witness my hand and seal this

day of

18 C. D. [L. S.]

19.

RELEASE OF PART OF MORTGAGED ESTATE. I, C. D. of , mortgagee named in a mortgage, dated, &c., and recorded, &c., in consideration of one thousand dollars paid by A. B., the mortgagor named in said mortgage, hereby release and forever quitclaim unto the said A. B., a certain parcel of land situated, &c., being a portion of the premises conveyed by said mortgage deed and bounded as follows: [here describe the part released.]

To have and to hold the same to the said A. B. and his heirs and assigns, to his and their own use and behoof forever.

But this release shall in no event be held to affect or impair the right of the said C. D. to hold the remainder of the land conveyed in said mortgage deed, and not hereby released, as security for the sum remaining due upon said mortgage. Witness my hand and seal this

day of

C. D.

18 . [L. S.]

20. ACKNOWLEDGMENT BY MORTGAGOR OF ENTRY TO FORECLOSE. I, A. B., the within named mortgagor, [or I, L. M., the person claiming under the within-named mortgagor,] hereby acknowledge and certify, that C. D., the within-named

mortgagee, [or E. F. the assignee of the within mortgage,] has, [by R. S., his agent thereto duly authorized,] this day made an open, peaceable, and unopposed entry upon the premises described in the within mortgage, for breach of the condition therein named.

We hereby certify, that we were this day present and saw C. D., the mortgagee named in a certain mortgage deed given by A. B., dated, &c., and recorded, &c., [or E. F., the assignee of a certain mortgage given by A. B. to C. D., dated, &c., and recorded, &c.,] make an open, peaceable, and unopposed entry on the premises described in the said mortgage, for the purpose by him declared of foreclosing said mortgage, for breach of the condition thereof.

Then personally appeared the above-named P. R. and S. T., and made oath that the above certificate, by them subscribed, is true.

Before me,

X. Y., Justice of the Peace.

SURRENDER OF POSSESSION BY MORTGAGEE.

I, C. D., of , mortgagee named in a certain mortgage dated, &c., and recorded, &c., in consideration of the payment to me this day by A. B., the mortgagor named in said deed, of the interest to this date upon the principal sum secured by said mortgage, and of the further sum of one dollar, the receipt of all which is hereby acknowledged, do here

by surrender to the said A. B., and his heirs and assigns, possession of the real estate described in said mortgage, which possession was taken by me on the

day of 18 for breach of the condition of said mortgage, and evidence of which is recorded in said Registry, Book

, Page

But it is expressly understood and agreed, that nothing herein contained shall in any way, except as above specifically provided, affect or impair my rights or interest under the said mortgage, the whole amount of the principal sum secured by which is still due and unpaid.

23. PROCEEDINGS UPON SALE BY MORTGAGE UNDER POWER OF SALE.

(a) Affidavit of Default, &c.

I, E. F., of, &c., the assignee of a certain mortgage deed given by A. B. to C. D., dated, &c., and recorded, &c., on oath depose and say, that default was made in the payment of the principal sum mentioned in the condition of said mortgage deed, and of the interest thereon, the said principal and six months interest having become payable on the day of

last, and not having been then or at any time paid or tendered to any person authorized to receive the same; and that pursuant to the provisions of said mortgage deed, I published on the second, ninth, and sixteenth days of now last past, in the " ," a newspaper published in aforesaid, a notice of which the following is a true

copy:

(b) Notice of Mortgagees' Sale.

By virtue of a power of sale contained in a certain mortgage deed given by A. B. to C. D., dated, &c., and recorded, &c., will be sold at public auction upon the premises [or, at the office of M. N. R. & Co., No.

street, H

forenoon, all and singular the premises conveyed by said mortgage deed, namely: a certain parcel of land, &c., &c. E. F. Assignee of said mortgage.

And I depose and say, that pursuant to said notice, and at the time and place in said notice appointed, the said default still continuing, I sold the premises conveyed by said mortgage deed, at public auction, by M. N. R., a duly licensed auctioneer, to G. H., of &c., for the sum of dollars; which amount was bid by the said G. H., and was the highest bid therefor made at said auction; and I have this day, in pursuance of said power contained in said mortgage, delivered to said G. H. the foregoing deed of said mortgaged premises. Witness my hand, this day of

(d) Deed of Assignees.

, A. D. 18

18.
E. F.

Whereas, A. B. did by his mortgage deed, dated, &c., and recorded, &c., convey the premises hereinafter described to one C. D., which said mortgage has by deed of assignment, dated, &c., and recorded, &c., been assigned to E. F. hereinafter named: and whereas, in and by said mortgage deed, the grantee therein named, his executors, administrators or assigns, were authorized and empowered, upon any default in the payment of the principal sum secured by said mortgage or of the interest thereon, to sell the said premises with all improvements that might be thereon, at public auction in H , first publishing a notice as therein required, and in his or their own name or names, or as the attorney of the said grantor, to convey the same by proper deed or deeds to the purchaser or purchasers, absolutely and in fee simple: and whereas there has been such default, and notice has been. published, and a sale has been made, as more particularly appears in and by the affidavits hereto subjoined:

Now therefore, know all men, that we, A. B. of &c., by E.

F., his attorney duly authorized as aforesaid, and E. F., of &c., by virtue and in execution of the power contained in said mortgage deed as aforesaid, and of every other power and authority me hereto enabling, do, in consideration of the sum of dollars, to us paid by G. H. of &c., the receipt whereof, &c., give, grant, bargain, sell and convey, unto the said G. H., a certain parcel of land, &c., [here insert description,] being the same parcel described in the aforesaid mortgage deed.

To have and to hold the same, to the said G. H. and his heirs and assigns, to his and their own use and behoof for