Lapas attēli
PDF
ePub
[blocks in formation]

individuals described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and

deed.

(Signature.)

(177.)

Mortgage to Executor,

with Power of Sale.
day of

in the between (name, resi

This Indenture, Made the year one thousand nine hundred and dence, and occupation of the mortgagor) party of the first part, and (name and residence of the mortgagee) executor of the last will and testament of name and residence of the testator) deceased, 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 lawful money of the United States of America, secured to be paid by a certain bond or obligation bearing even date with these presents, in the penal sum of lawful money as afore said, conditioned for the payment of the said first-mentioned sum (state the terms of the payment, and if the bond was made to the testator, state that) 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 ot the sum of one dollar, to him in hand paid by the said party of the secont 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 his successors 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 appurtenances 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 successors and assigns, to their only 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 successors 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 null and void. And the said party of the first part, for himself and his heirs, executors, and administrators, does covenant and agree to pay unto the said party of the second part, his successors 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 lawful for the said party of the second part, his successors 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 or attorneys 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 bond or obligation, 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, 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, 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.

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]

described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.

(Signature.)

(178.)

Mortgage of a Lease.

day of

in the year

This Indenture, Made the one thousand nine hundred and between (name, residence, and occupation of mortgagor) party of the first part, and (name, residence, and xccupation of mortgagee) party of the second part: Whereas, (name, residence, and occupation of the lessor of the lease to be mortgaged) did. by a certain indenture of lease, bearing date the year one thousand nine hundred and

day of
in the
demise, lease, and to

farm let, unto the said party of the first part, and to his executors, adminis trators, and assigns, all and singular the premises hereinafter mentioned and described, together with their appurtenances: To have and to hold the same unto the said party of the first part, and to his executors, administrators, and assigns, for and during and until the full end and term of

years, from the

day of

and fully to be complete and ended, yielding and paying therefor unto the said (name of the lessor) and to his heirs, executors, administrators, or assigns, the yearly rent or sum of (state the rent, and the times, or terms of payments).

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

of the United States of America, secured to be paid by his 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 give the amount of the debt to be paid) 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, assigned, transferred, and set over, and by these presents does grant, bargain, sell, assign, transfer, and set over unto the said party of the second part, the estate or premises leased and transferred by said indenture of lease, that is to say (here describe the premises in the same manner in which they are described in the lease), together with all and singular the edifices, buildings, rights, members, privileges, and appurtenances thereunto belonging, or in anywise appertaining; and also all the estate, right, title, interest, term of years yet to come and unexpired, 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 said demised premises, and every part and parcel thereof, with the appurtenances; and also the said indenture of lease, and every clause, article, and condition therein expressed and contained.

[ocr errors]

Have and to Hold the said indenture of lease, and other hereby granted premises, unto the said party of the second part, his executors, administrators, and assigns, to his and their only proper use, benefit, and behoof, for and during all the rest, residue, and remainder of the said term of years yet to come and unexpired; subject, nevertheless, to the rents, covenants, conditions, and provisions in the said indenture of lease mentioned.

Provided Always, And these presents are upon this express condition, that if the said party of the first part shall well and truly pay unto the said party of the second part 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 and from thenceforth these presents, and the estate hereby granted, shall cease, determine, and be utterly null and void, anything hereinbefore contained to the contrary in anywise notwithstanding. And the said party of the first part does hereby covenant, grant, promise, and agree to and with the said party of the second part, that he shall well and truly pay unto the said party of the second part the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, according to the condition of the said bond or obliga. tion. And that the said premises hereby conveyed now are free and clear of all incumbrances whatsoever, and that the said party of the first part has good right and lawful authority to convey the same in manner and form hereby conveyed. And if default shall be made in the payment of the said sum of money above mentioned, or in the interest which shall accrue thereon, or of any part of either, that then and from thenceforth it shall be lawful for the said party of the sccond part, and his assigns, to sell, transfer, and set over all the rest, residue, and remainder of the said term of years then yet to come, and all other the right, title, and interest of the said party of the first part, of, in, and to the same, at public auction, according to the act in such case made and provided: and as the attorney of the said party of the first part, for that purpose by these presents duly authorized, constituted, and appointed to make, seal, execute, and deliver to the purchaser or purchasers thereof, a good and sufficient assignment, transfer, or other conveyance in the law, for the same premises, with the appurtenances; 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 party of the first part, or his assigns; which sale, so to be made, shall be a perpetual bar, both in law and equity, against the said party of the first part, and against all 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 said party of the first part to these presents has hereunto set his hand and seal the day and year first above written, (Signature.) (Seal.)

Signed, Sealed, and Delivered in the Presence of

[blocks in formation]

in the year one thousand nine before me personally came who is

individual described in, and who executed the foreacknowledged that he executed the same as

One

day of

nundred and

..nown to me to be the

going instrument, and

his free act and deed.

(179.)

(Signature.)

Mortgagee's Deed, under a Power of Sale.

This Indenture, Made this

day of

of our Lord one thousand nine hundred and
and occupation of the mortgagee) of the County of

in the year

between (name

and State of

party of the first part, and (name and occupation of the

grantee) of the County of second part.

[blocks in formation]

Witnesseth, That whereas (name and occupation of the owner and mortgagor who gave to the mortgagee the power now exercised) of the County of did, by a certain deed, A.D. 19 which deed is recorded in the State of

dated the

and State of

day of

[blocks in formation]

A.D. 19 in book

[ocr errors]

of

at page , grant, sell, and convey to the said party of the first part all the premises hereinafter described, to secure the payment of a certain debt (or note, or bond) in said deed particularly mentioned, and upon certain terms in said deed particularly declared; and whereas default hath beeu made in the payment of said debt (note or bond), the said premises were, by said party of the first part, duly advertised for public sale at the door of the court-house in the County of day of

on the

and State of A.D. 19, in the manner prescribed by said deed, and were, upon the day and year and at the place last mentioned aforesaid, in pursuance of said notice, sold at public sale, and at said sale the said party of the second part was the highest and best bidder therefor, and bid for the tract first hereinafter named, the sum of dollars.

Now, therefore, These presents witness, that the said party of the first part, in pursuance of the power and authority in lim vested in and by the said deed, and in consideration of the sum of dollars, to the said party of the first part paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath released and quitclaimed, and doth hereby convey, remise, release, and quitclaim to the said party of the second part, his heirs and assigns forever, all the right, title, and interest, as well in law as in equity, which the said party of the first part hath acquired by virtue of the deed above mentioned, of, in, and to all that certain

« iepriekšējāTurpināt »