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

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 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.

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 may 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 mortgager) 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

SS.

COUNTY OF

On the

day of

eight hundred and

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,

and occupation of mortgagor) party of the first part, and and occupation of mortgagee) party of the second part, witnesseth, that the said 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, admin. istrators, 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)

On the

day of

nine hundred and

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.

(Signature.)

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 second 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.

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 attorney 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 saine, 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.

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

(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, executors, or administrators, shall pay unto the said grantee, or his executors, administrators, or assigns, the sum of

dollars

days (or months) from the day of the date hereof, per centum per annum, payable

with interest on said sum at the rate of (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

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