Laws of Business for the States and Territories of the Union and the Dominion of Canada

the expiration of

days, at the option of said (name of

(Signature.) (Seal.)

the obligee) or his executors. administrators, or assigns.

(Witness.)

(171.)

Mortgage without Power of Sale and without Warranty, but with Release of Homestead and of Dower.

This Indenture, made this

day of

the year of our Lord one thousand nine hundred and

between (name, residence, and occupation of mortgagor) and (name of wife) wife of said (name of mortgagor) parties of the first part, and (na me, residence, and occupation of mortgagee) party of the second part.

Whereas, The said party of the first part is justly indebted to the said party of the second part, in the sum of

secured to be paid by a certain promissory note (or bond) (describe the note or bond).

Now, Therefore, this Indenture Witnesseth, That the said parties of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the said note (or bond) above mentioned, and also in consideration of the further sum of one dollar to us in hand paid by the said party of the second part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey unto the said party of the second part, his heirs and assigns forever, all that (here describe the premises as directed in Form 107).

To Have and to Hold the Same, Together with all and singular the tenements, hereditaments, privileges, and appurtenances thereunto belonging, or in anywise appertaining. And also all the estate, interest, and claim whatsoever in law as well as in equity, which the parties of the first part have in and to the premises hereby conveyed unto the said party of the second part, and his heirs and assigns, and to their only proper use, benefit, and behoof. And the said parties of the first part hereby expressly waive, release, relinquish, and convey unto the said party of the second part and his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above-described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

Provided Always, and thes Presents are upon this Express Condition, That if the said party of the first part, or his heirs, executors, ♪. administrators, shall well and truly pay, or cause to be paid to the said party of the second part, or his heirs, executors, administrators, or assigns, th aforesaid sum of money, with such interest thereon, at the time and in the manner specified in the above-mentioned note (or bond) according to the true intent and meaning thereof, then, in that case, these presents and everything herein expressed shall be absolutely null and void.

In Witness Whereof, The said parties of the first part hereunto set their hands and seals, the day and year first above written.

COUNTY.

in and for the said county, in the State aforesaid, do hereby certify that (name of mortgagor) personally known to me as the same person whose name is subscribed to the foregoing mortgage, appeared before me this day in person and acknowledged that he signed, sealed, and delivered the said instrument of writing as his free and voluntary act, for the uses and purposes therein set forth.

And the said (name of wife) wife of the said (name of mortgagor) having been by me examined, separate and apart, and out of the hearing of her husband, and the contents and meaning of said instrument of writing having been by me made known and fully explained to her, and she also by me being fully informed of her rights under the homestead laws of this State, acknowledged that she had freely and voluntarily executed the same, and re linquished her dower to the lands and tenements herein mentioned, and also all her rights and advantages under and by virtue of all laws of this Stats relating to the exemption of homesteads, voluntarily and freely, and without the compulsion of her said husband, and that she does not wish to retract the same.

Given under my hand and official seal, this 19

day of

(172.)

(Signature.) (Seal)

Mortgage, with Power of Sale, to Secure a Bond, without Release of Dower.

This Indenture, Made the

the year one thousand nine hundred and

day of

between

(name, residence, and occupation of mortgagor) party of the first part, and (name, residence, and occupation of mortgagee) party of the second part: Whereas, the said (name of mortgagor) is justly indebted to the said party of the second part in the sum of lawful money

of the United States, secured to be paid by a certain bond or obligation bearing even date with these presents, in the penal sum of

dollars, lawful money as aforesaid, conditioned for the payment of the said first-mentioned sum of (here state the amount due on the bond, and the time and terms of payment) as by the said bond or obligation, and the condition thereof, reference being thereunto had, may more fully appear.

Now this Indenture Witnesseth. That the said party of the first part,

for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar, to him in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, aliene, release, convey, and confirm unto the said party of the second part, and to his heirs and assigns forever, all (here describe the premises as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the rever. sion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party <f the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances: To have and to hold the above granted, bargained, and described premises, with the appurtenance, unto the said party of the second part, and his heirs and assigns, to his and their own proper use, benefit, and behoof forever.

Provided Always, and these presents are upon this express condition, that if the said party of the first part, or his heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, or his executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obligation and the interest thereon, at the time and in the manner mentioned in the said condition according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be void. And the said (name of mortgagor) for himself and his heirs, executors, and administrators, does covenant and agree, to pay unto the said party of the second part, or his executors, administrators, or assigns, the said sum of money and interest as mentioned above and expressed in the condition of the said bond. And if default shall be made in the payment of the said sum of money above mentioned, or the interest that inay grow due thereon, or any part thereof, that then, and from thenceforth, it shall be lawful for the said party of the second part, or his executors, administrators, or assigns, to enter into and upon all and singular the premises hereby granted or intended so to be, and to sell and dispose of the same, and all benefit and equity of redemption of the said party of the first part, or his heirs, executors, administrators, or assigns therein, at public auction. And out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the costs and charges of advertisement and sale of the same premises, rendering the overplus of the purchase-money (if any there shall be), unto the said (name of mortgagır) party of the first part, or his heirs, executors, administrators, or assigns, which sale, so to be made,

shall forever be a perpetual bar, both in law and equity, against the said party of the first part, and his heirs and assigns, and all other persons claiming or to claim the premises, or any part thereof, by, from, or under him or them, or any of them.

In Witness Whereof, The parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written.

(Signature of mortgagor.) (Seal.) (Signature of mortgagee.) (Seal )

Sealed and Delivered in the Presence of

STATE OF

On the

COUNTY OF

nine hundred and

day of

in the year one thousand before me personally came (name of both parties) who are known to me to be the individuals described in, and who executed the foregoing instrument, and acknowledged that they executed the same.

(Signature.)

(173.)

Form.

Mortgage to secure a Debt. with Power of Sale.-Short

This Indenture, Made the

year one thousand nine hundred and

day of between

in the

(name, residence, (name, residence,

and occupation of mortgagor) party of the first part, and and occupation of mortgagee) party of the second part, witnesseth, that the sid party of the first part, in consideration of the sum of (the amount of the debt) to him duly paid before the delivery hereof, has bargained and sold, and by these presents does grant and convey to the said party of the second part, and his heirs and assigns forever, all (here describe the premises as directed in Form 107) with the appurtenances, and all the estate, right, title, and interest of the said party of the first part therein.

This Grant is intended as a security for the payment of (here describe the debt) which payments, if duly made, will render this conveyance void. And if default shall be made in the payment of the principal or interest above mentioned, then the said party of the second part, or his executors, administrators, or assigns, are hereby authorized to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due, with the costs and expenses allowed by law.

In Witness Whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written.

Sealed and Delivered in the Presence of

(Signature.) (Seal)

STATE OF

On the

COUNTY OF

nine hundred and

day of

SS.

in the year one thousand before me personally came (name of

mortgagor), who is known to me to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same, as his free act and deed.

(Signatur?.)

Mortgage to secure a Debt, fuller Form, with Power of

(174.)

Sale.

This Indenture, Made the

year one thousand nine hundred and

day of

in the between (name, residence, and occupation of the mortgagor) party of the first part, and (name, residence, and occupation of the mortgagee) party of the second part :

Whereas, the said party of the first part is justly indebted to the said party of the second part in (here describe the amount and terms of the debt, or note, or bond).

Now this Indenture Witnesseth, That the said party of the first part, for the better securing the debt (or note, or bond) above described, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar to him in hand paid by the said party of the secon part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, aliene, remise, release, convey, and confirm unto the said party of the second part, and to his heirs and assigns forever, all (here describe the premises as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appur. tenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. And also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances: To have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, and his heirs and assigns, to his and their own proper use, benefit, and behoof forever.

« iepriekšējā Turpināt »

Grāmatas

Laws of Business for the States and Territories of the Union and the ...