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and (name, residence, and occupation of the mortgagee) hereinafter called the mortgagee of the third part.

Witnesseth, That in consideration of

of lawful money of

Canada, now paid by the said mortgagee to the said mortgagor (the receipt whereof is hereby acknowledged), the said mortgagor do grant and mort gage unto the said mortgagee heirs and assigns forever, all and singular th certain parcel or tract of land and premises situate, lying, and being (insert here the description of the premises mortgaged, substan tially as in Form 107). The said party of the second part hereby bars he dower in the said lands.

Provided, This mortgage to be void on payment of lawful money of Canada, with interest at

follows:

of

per cent. per annum, as and taxes and performance of statute labor. The said mortgagor covenant with the said mortgagee that the mortgagor will pay the mortgage money and interest, and observe the above proviso.

That the mortgagor ha a good title in fee-simple to the said lands; and that he ha the right to convey the said lands to the said mortgagee; and that on default the said mortgagee shall have quiet possession of the said lands, free from all incumbrances.

And that the said mortgagor will execute such further assurances of the said lands as may be requisite. (Title-deeds).

And that the said mortgagor ha done no act to encumber the sai lands.

And that the said mortgagor will insure the buildings on the said land、 to the amount of not less than dollars currency.

And the said mortgagor do release to the said mortgagee all claim upon the said lands, subject to the said proviso.

Provided, That the said mortgagee, in default of payment for months, may, upon giving notice in writing, enter upon and lease or sell the said lands; provided, that the mortgagee may distrain for arrears of interest; provided, that in default of the payment of the interest hereby secured, the principal hereby secured shall become payable; provided, that until default of payment the mortgagor shall have quiet pos

session of the said lands.

In Witness Whereof, The said parties hereto have hereunto set their hands and seals.

Signed, Sealed, and Delivered in the presence of

Received on the day of the date of this Indenture,

COUNTY OF

I, (name of witness) of the

to wit:

of

in the County of

make oath and say: 1. That I was personally present, and did see the within instrument and duplicate thereof duly signed, sealed, and executed by the part thereto. 2. That the said instrument and

duplicate were executed at the know the said part

the said instrument and duplicate. Sworn before me, at

this

day of

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in the year of our Lord 18

A Commissioner for taking affidavits in B.R., etc.

(211.)

Full Deed of Mortgage, for General Use.

This Indenture, Made the

day of

in the

between

year of our Lord one thousand nine hundred and (name, residence, and occupation of the mortgagor) of the one part, hereinafter called the mortgagor, and (name, residence, and occupation of the mortgagee), hereinafter called the mortgagee, of the other part.

Whereas, the said mortgagor seized of, or well entitled to, the inherit▸nce in fee-simple, of and in the lands and premises hereinafter described ▸nd released; and having occasion to borrow, and take up at interest, the um of ha applied to and requested the said mortgagee

to lend and advance

the same, which he the said mortgagee

ha agreed to do, on having the repayment thereof secured to by a mortgage of the said lands, tenements, and hereditaments, in manner hereinafter mentioned.

Now this Indenture Witnesseth, That in pursuance of the said agree nent, and in consideration of the sum of to the said mortgagor in hand paid by the said mortgagee at or immediately before the sealing and delivery of these presents, the receipt whereof the said mortgagor do hereby acknowledge, and of and from the same, and every part thereof, do acquit, release, and discharge the said mortgagee

heirs, executors, administrators, and assigns, and every of them, forever,

by these presents, he the said mortgagor ha

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granted,

doth hereby

heirs

aliened, released, and confirmed, and by these presents do grant, aliene, release, and confirm (and the said release all her right of dower) unto the said mortgagee and assigns, all tract piece and parcel of land, hereditaments, and premises, situate, lying, and being (here describe carefully the premises) Together with all houses, buildings, rights, members, and appurte nances thereunto belonging, or in anywise appertaining; and all the estate, right, title, claim, and demand of the said mortgagor in, to, or upon the said lands and hereditaments, or any part thereof.

To Have and to Hold the said lands, tenements, hereditaments, and premises hereby released, or intended so to be, with their appurtenances, unto the said mortgagee heirs and assigns, to the only proper use of the said mortgagee heirs and assigns, forever.

Subject, nevertheless, to the proviso for redemption hereinafter con

Coed; that is to say, provided that if the said mortgagor

heirs, executors, or administrators, shall pay unto the said mortgagee executors, administrators, or assigns, the full sum of

of lawful money of (Prince Edward Island),

without any abatement whatever, then these presents shall cease, and be void to all intents and purposes whatever. And the said mortgagor heirs, executors, and administrators, covenant with the said executors and administrators, that he the said heirs, executors, or administrators, shall and will

executors, ad

mortgagee mortgagor pay, or cause to be paid, unto the said mortgagee ministrators, or assigns, the said principal sum of and interest, at the times and in the manner hereinbefore appointed for payment thereot, without any deduction or abatement whatever, according to the true intent and meaning of these presents. And also shall and will, during so long as the said sum of or any part thereof, shall

remain due on the security of these presents, pay or cause to be paid to the said mortgagee executors, administrators, or assigns, interest for or for so much thereof as for the centum per

the said sum of

time being shall remain unpaid, after the rate of

annum, on the

day of

also that he the said mortgagor now

in

in every year. And good right

to grant, release, and convey the hereditaments hereby released, unto the said mortgagee heirs and assigns, in manner aforesaid, according to the true intent and meaning of these presents. And further, that it shall and may be lawful to and for the said mortgagee

heirs and assigns, after default shall be made in payment of the said sum of and interest, or any part thereof respectively, contrary to the proviso hereinbefore contained, peaceably to enter upon the said hereditaments, and to hold and enjoy the same, without any interruption, claim, or demand whatsoever. And moreover, that he the said mortgagor and heirs, and all persons whatsoever, having any estate or interest in the premises, shall and will at all times hereafter, during the continuance of the said sum of and interest, or any part thereof, on this security, upon every reasonable request of the said mortgagee executors, administrators, and assigns, but at the costs and charges of the said mortgagor heirs, executors, and administrators, make and execute and perfect all such further conveyances and assurances in the law whatsoever, for the further and better conveying and assuring the said hereditaments hereby released, unto and to the use of the said mortgagee heirs and assigns; subject to the said proviso, according to the true intent and meaning of these presents, as by the said mortgagee heirs and assigns, or his or their counsel in the law, shall be reasonably desired or advised and required, and tendered to be made and executed.

And it is hereby further Provided, agreed, and declared, by and

between the said parties to these presents, that if default shall be made in payment of the said sum of or the interest thereof, or any

heirs

part thereof respectively, at the times hereinbefore appointed for payment of the same respectively, then and in any of such cases, and when and so often as any such default shall be made, the whole amount of the said principal money shall, notwithstanding any provision or condition of this mortgage to the contrary, immediately fall due and become payable, and it shall be lawful for the said mortgage executors, administrators, or assigns, at any time or times after such default shall have been so made, without any further consent on the part of the said mortgagor and assigns (without prejudice, however, to the right of the said mortgagee heirs and assigns, to foreclose the equity of redemption, or to maintain any action under the covenants hereinbefore contained), to make sale and dispose of the said messuages, land, and other hereditaments and premises hereinbefore granted and released, or expressed or intended so to be, or any part or parts thereof, either together or in parcels, and either by public auction or private contract, with full power upon any such sale or sales to make any stipulations as to title or otherwise, which he or he shall deem necessary; and also with full power to buy in the said hereditaments and premises, or any part or parts thereof, at any sale or sales by public auction, or to rescind any contract or contracts for the sale of the same hereditaments and premises, or any part or parts thereof, and to re-sell the same hereditaments and premises which shall have been so bought in, or as to which any contract or contracts for sale shall have been rescinded as aforesaid, without being responsible for any loss which may be occasioned thereby. And, for the purposes aforesaid, or any of them, it shall be lawful for the said mortgagee executors, administrators, or assigns, to make and execute, or cause to be made and executed, all such agreements, deeds, conveyances, and assurances as he or executors, administrators, or assigns shall think fit. And it is hereby also agreed and declared, that upon any sale or sales which shall be made under the power of sale hereinbefore contained by the executors or administrators of the said mortgagee or by any other person or persons who may not be seized of the legal estate in the hereditaments and premises to be sold, the heirs of the said mortgagee or any other person or persons in whom the legal estate of the same hereditaments and premises, or any part thereof, shall be vested, shall make such conveyances and assurances of the same, for the purpose of carrying the sale thereof into effect, as the person or persons by whom the same shall be made shall direct.

Provided also, and it is hereby agreed and declared, that the said mortgagee executors, administrators, or assigns, shall not execute the power of sale hereinbefore contained (if the sale or sales thereunder be by public auction) unless and until he or they shall have first given week's notice of such sale, by publishing such notice at least once in every week for successive weeks, in some newspaper published in

Provided also, and it is hereby further agreed and declared, that upon any sale purporting to be made in pursuance of the aforesaid power in that behalf, the purchaser or purchasers thereof shall not be bound to see or inquire whether either of the cases mentioned in the clause or provision lastly hereinbefore contained has happened, or whether any money remains due on the security of these presents, or otherwise, as to the propriety or regularity of such sale; and notwithstanding any impropriety or irregularity whatso ever in any such sale, the same shall, as far as regards the safety and protection of the purchaser or purchasers thereat, be deemed and taken to be within the aforesaid power in that behalf, and to be valid and effectual accordingly, and the remedy of the said mortgagor heirs or assigns,

in respect of any breach of the clause or provision lastly hereinbefore contained, shall be in damages only. And it is hereby also agreed and declared, that, upon any such sale as aforesaid, the receipt or receipts in writing of the said mortgagee executors, administrators, or assigns, for the purchase-money of the hereditaments and premises to be sold, shall be an effectual discharge or effectual discharges to the purchaser or purchasers for the money therein respectively expressed to be received, and that such purchaser or purchasers, after payment of purchasemoney, shall not be concerned to see to the application of such money, or be answerable for any loss, misapplication, or non-application thereof. And it is hereby further agreed and declared that the said mortgagee

or

executors, administrators, and assigns, shall hold all and singu. lar the moneys which shall arise from any sale which shall be made in pursuance of the aforesaid power in that behalf, upon the trusts following; that is to say, upon trust in the first place by, with, and out of the same moneys, to reimburse himself or themselves, and to pay or discharge all the costs and expenses attending such sale or sales, or otherwise to be incurred in or about the exercise of the said power of sale or in anywise relating thereto; and, in the next place, upon trust to apply such moneys in towards satisfaction of all and singular the moneys which for the time being shall be due on the security of these presents, and then upon trust to pay the surplus [if any) of the said moneys unto the said mortgagor h heirs or assigns, for h and their proper use and benefit. And it is hereby also agreed and declared that the aforesaid power of sale shall and may be exercised by any person or persons who for the time being shall be entitled to receive and give a discharge for the moneys which for the time being shall be due on the security of these presents.

Provided Always, and it is hereby agreed and declared, that the said mortgagee, h executors, administrators, or assigns, shall not be answerable nor accountable for any involuntary losses which may happen in or about the exercise or execution of the aforesaid power or trusts, or any of them.

In Witness Whereof, the parties above mentioned have hereunto sub scribed their names and affixed their seals to two copies thereof, interchange

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