Lapas attēli
PDF
ePub

or note, or bond) shall be wholly discharged and void; and otherwise shall remain in full force and effect. And if default shall be made in the payment of the said sum of money above mentioned, or the interest that may grow due thereon, or of any part thereof, that then and from thenceforth it shall be lawful for the said party of the second part, or his executors, administrators, and 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, according to the act in such case made and provided. And as the attor ney of the said party of the first part, for that purpose by these presents duly authorized, constituted, and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed or deeds of conveyance in the law for the same, in fee-simple, and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said debt (or note, or bond) together with the costs and charges of advertisement and sale of the said premises, rendering the overplus of the purchase-money (if any there shall be) unto the said 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, or his heirs and assigns, and all other persons claiming or to claim the premises or any part thereof, by, from, or under him, them, or either of them.

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

[blocks in formation]

On the

day of

nine hundred and

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

ties) who are known to me to be the individuals described in, and who executed the foregoing instrument, and acknowledged that they executed the

same.

(175.)

(Signature.)

Deed Poll of Mortgage, with Power to Sell, and Insurance Clause, and Release of Dower and Homestead.

Know all Men by these Presents, That I (name, residence, and occupation of mortgagor) in consideration of to me paid by (name, residence, and occupation of mortgagee) the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said

[ocr errors]

(name of mortgagee) all that lot or parcel of land, with all the buildings thereon standing, situated in the town (or city) of

State of

County of

and bounded and described as follows:

that is to say (here describe the premises as directed in Form 107).

To Have and to Hold the afore-granted premises, with the privileges, easements, and appurtenances thereto belonging, to the said grantee, and to his heirs and assigns, to their use forever.

And I, the said grantor, for myself and my heirs, executors, and administrators, do covenant with the said grantee, and his heirs and assigns, that I am lawfully seized in fee of the afore-granted premises; that they are free from all incumbrances (if any incumbrance exists, say “except as follows," and describe the incumbrance,) that I have good right to sell and convey the same to the said grantee, and his heirs and assigns as aforesaid; and that I will, and my heirs, executors, and administrators shall warrant and defend the same to the said grantee, and his heirs and assigns forever, against the lawful claims of all persons.

Provided, Nevertheless, That if the said grantor, or his heirs, execu< tors, or administrators, shall pay unto the said grantee, or his executors, administrators, or assigns, the sum of

in

dollarsT

days (or months) from the day of the date hereof, with interest on said sum at the rate of per centum per annum, payable (semi-annually) and until such payment keep the buildings standing on the land aforesaid insured against fire, in a sum not less than

dollars, for the benefit of said mortgagee, and payable to him in case of loss, at some insurance office approved by said mortgagee; or in any default thereof, shall on demand pay to said mortgagee all such sums of money as the said mortgagee shall reasonably pay for such insurance, with interest, and also pay all taxes levied or assessed upon the said premises, then this deed, as also (a certain bond or) a certain promissory note, bearing even date with these presents, signed by the said mortgagor, whereby for value received he promises to pay the said mortgagee or his order, the said sum and interest, at the time aforesaid, shall both be absolutely void to all intents and purposes.

But if default shall be made in the payment of the money above mentioned, or the interest that may grow due thereon, or of any part thereof, then it shall be lawful for the said grantee, or his executors, administrators, or assigns to sell and dispose of all and singular the premises hereby granted or intended to be granted, and all benefit and equity of redemption of the said (name of the mortgagor) the grantor, his heirs, executors, administrators, or assigns therein, at public auction; such sale to be on or near the premises hereby granted; first giving notice of the time and place of sale, by publishing the same once each week, for three successive weeks, in (name of the newspaper) a newspaper printed in the county of aforesaid;

and in his or their own names, or as the attorney of the said (name of mortgagor) the grantor, for that purpose by these presents duly authorized, con

stituted and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed or deeds of conveyance for the same in fee-simple; and out of the money arising from such sale, to retain the said sum of dollars, or the part thereof remaining unpaid, and also the interest then due on the same, together with the costs and charges of advertising and selling the same premises; rendering the surplus of the purchase-money, if any there be, over and above said sum and interest as aforesaid, together with a true and particular account of said sale and charges, to the said (name of the mortgagor) the grantor, 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 (name of the mort gagor) the grantor, and his heirs and assigns, and all other persons claiming or to claim the premises, or any part thereof, by, from, or under him, them, or any of them.

And Provided Also, that until some breach of the condition of this deed, the grantee shall have no right to enter and take possession of the premises. and hold the same.

In Witness Whereof, We the said (name of mortgagor) and (name of his wife) wife of the said (name of mortgagor) in token of her release of all right and title of or to both dower and homestead in the granted premises, have hereunto set our hands and seals this day of

in the year of our Lord eighteen hundred and

[blocks in formation]

Mortgage by Indenture, with Power of Sale and Interest and Insurance Clause, to secure a Bond.

[blocks in formation]

in the year one 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 the sum of (amount of debt due on the bond) dol. lars lawful money of the United States, secured to be paid by his certain bond or obligation bearing even date with these presents, in the penal sum of (amount of penalty) lawful money as aforesaid, conditioned for the payment of the said first-mentioned sum of (amount of debt due on the bond) lawful

day of

money as aforesaid, to the said party of the second part, or his executors, administrators, or assigns, on the which will be in the year one thousand nine hundred and interest thereon to be computed from

of

and

at and after the rate

per cent. per annum, and to be paid (here set forth the time and terms of the payment).

And it is Thereby Expressly Agreed, That should any deftult be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of

days, then and from

thenceforth, that is to say, after the lapse of the said days, the aforesaid principal sum of (amount of the debt) with all arrearage of interest thereon, shall, at the option of the said party of the second part, or his executors, administrators, or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything thereinbefore contained to the contrary thereof in anywise notwithstanding: 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 con sideration 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 carefully, the land or premises granted, 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, 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, his heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condi tion 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 the 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 may grow due thereon, or of any part thereof, that then and from thenceforth it shall be lawfui for the said party of the second part, or his executors, administrators, and 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, according to law. And as the attorney of the said arty of the first part, for that purpose by these presents duly authorized ⚫onstituted, and appointed, to make and deliver to the purchaser or purchasers • hereof, a good and sufficient deed or deeds of conveyance in the law for the same, in fee-simple, 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 obli ation, together with the costs and charges of advertisement and sale of the Maid premises, rendering the overplus of the purchase-money (if any there shall be) unto the said party of the first part, his heirs, executors, administrators, or assigns; which sale, so to be made, shall forever be a perpetual har, both in law and equity, against the said party of the first part, and his Leirs and assigns, and all other persons claiming or to claim the premises or any part thereof, by, from, or under him or them, or either of them.

And it is Expressly Agreed by and between the parties to these pres ents, that the said party of the first part shall and will keep the buildings erected and to be erected upon the lands above conveyed, insured against loss and damage by fire, by insurers approved by the said party of the second part, and in an amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part ; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand with interest at the rate of per cent. per annum.

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

« iepriekšējāTurpināt »