tors and assigns, doth covenant, that whenever his liability, or said stipulation, shall cease and determine by a decree of the said District Court in favor of the said claimant, or in any other manner, the said C., his heirs, executors, administrators or assigns, shall and will deliver up this indenture to the said parties of the first part, to be cancelled, or shall and will execute and deliver to them a good and valid release thereof. In witness whereof, &c., &c., [as in foregoing form.] Release of Part of Mortgaged Premises. This indenture made this nineteenth day of December, 1857, between Major Thomas Harper, of the city of New York, of the first part, and Worthington S. Lyon, of the city of San Francisco, of the second part, witnesseth: that whereas the said party of the second part by his certain indenture of mortgage, bearing date the 15th day of September, 1856, and recorded in the county recorder's office, of the county of San Francisco, in liber No. 22 of mortgages, at page 129, September 18th, 1856, did, for the consideration and for the purpose therein mentioned, convey to the party hereto of the first part, certain lands in the city and county of San Francisco, of which the lands hereinafter described are part and parcel. And whereas the said party of the second part, hath, on the day of the date of these presents, paid to the said party of the first part, the sum of eighteen hundred dollars, part of the moneys secured by the mortgage aforesaid, as therein specified, on which payment the said party of the first part hath agreed to release to the said party of the second part, his heirs and assigns, the lands hereinafter described, and take and accept the residue of the said mortgaged premises as his security for the payment of the moneys remaining unpaid on the said mortgage. Now, therefore, if the said Thomas Harper, party of the first part, in consideration of the premises and of the said sum of eighteen hundred dollars, so paid to me by said party of the second part, doth hereby grant, release, assign, and make over unto the said party of the second part, and to his heirs and assigns, all that portion of said mortgaged lands, bounded and described as follows, viz.: [insert description,] together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. To have and to hold the lands and premises hereby released and conveyed to the said party hereto of the second part, his heirs and assigns, to his and their only proper use and behoof forever, free, clear and discharged of and from the lien of the said mortgage. In witness whereof, the said party of the first part hath here unto set his hand and seal, the day and year first above written. Sealed and delivered in THOS HARPER. [L. S.] presence of "} Agreement to Increase Rate of Interest and Pay Taxes on Mortgage. Know all men by these presents, that we, Erwin Davis and Charles L. Weller, the obligors named in a certain bond in the penal sum of dollars, bearing date the day of A. D. 1860, conditioned for the payment of the sum of dollars, with interest at the rate of per cent. per month, to Cutler McAllister, the obligee therein named, which bond is secured by the mortgage of the said Erwin Davis, bearing even date therewith, and recorded in the office of the county recorder of the county of San Francisco, in liber No. of mortgages, at page on the day of A. D. 1860, and which said bond and mortgage are now wholly due and payable, do hereby for ourselves, heirs, executors, administrators and assigns, in consideration of the sum of five dollars, lawful money to us in hand paid by the said Cutler McAllister, the receipt whereof is hereby acknowledged, covenant, grant, promise and agree to and with the said Cutler McAllister, his executors, administrators and assigns, that the said principal sum of dollars, shall from and after the date of these presents, bear interest at the rate of one and one-half of one per cent. per month, and that we will pay such interest at the times and in the manner in said bond and mortgage provided, and further, that we will pay and discharge at maturity, all taxes and assessments which are or may be imposed upon the said bond and mortgage, or upon the moneys thereby secured until the said bond and mortgage shall be fully paid and satisfied, and in case of our default in making such payment, that it shall be lawful for the said Cutler McAllister, his executors, administrators, or assigns, to pay and discharge the same, and such payment when made shall be taken and deemed to be a charge upon the lands and premises in said mortgage described, shall be added to the principal moneys thereby secured, and shall bear interest thereafter at the same rate. And I the said Erwin Davis, for the consideration aforesaid, do hereby grant and convey unto the said Cutler McAllister, his heirs and assigns, the lands in said mortgage de scribed, as security for the performance of this agreement, subject to the proviso in the said mortgage contained. In witness whereof, we have hereunto set our respective hands and seals this first day of July, A. D. 1860. Sealed and delivered in the presence of } ERWIN DAVIS. [L. 8.] C. L. WELLER. [L. S.] Agreement to Extend the Time for Payment of Mortgage. This agreement, made this 17th day of November, A. D. 1856, between Erwin Davis, of the city of San Francisco, administrator, &c., of the first part, and George L. Kenny and Albert L. Bancroft, of the same place, of the second part, witnesseth, whereas the said party of the first part is the holder of a certain promissory note, made by George L. Kenny and Albert L. Bancroft, under their firm name of Kenny & Bancroft, for the sum of thirty thousand dollars, dated the seventeenth day of November, A. D. 1855, and payable one year after the date thereof, with interest thereon at the rate of one and one-half per cent. a month, monthly, in advance, with a provision that, in case of default in the payment of any instalment of said interest for the space of fifteen days after the same should become payable, it should be optional with said party of the first part, to consider said principal sum, and all arrearages of interest thereon, immediately due and payable. And whereas, the said party of the first part holds a certain mortgage made by the said George L. Kenny and Albert L. Bancroft, dated October 14th, A. D. 1854, and recorded in the county recorder's office of San Francisco county, in liber No. 48 of mortgages, at page 984, October 24, A. D. 1854, as security for the payment of said note and interest, under the terms of a certain agreement bearing date on said 17th day of November, 1855, and duly recorded in said office, in liber No. 23 of covenants, at page 365, November 25, 1855. And whereas, the said note has, by the terms thereof, become due and payable, and the said parties of the second part have applied to said party of the first part, to extend the time of the payment thereof twelve months from the date of these presents, and he has consented to do so upon the same terms and conditions as originally provided therein. Now, in consideration of the premises, it is mutually cove nanted and agreed between the said parties, that the time of payment of the said promissory note shall be, and the same is hereby extended for the period of twelve months from the date of these presents; and the said parties of the second part do hereby covenant and agree to and with the said party of the first part, his successors and assigns, to pay him the said sum of thirty thousand dollars, at the expiration of one year from the date of these presents, and also to pay him the interest thercon at the rate, and at the times, and in the manner, and subject to the like conditions, as are expressed in said promissory note; and they hereby grant, convey and mortgage to the said party of the first part, the said premises described in the mortgage herein above referred to, upon the terms and conditions in said mortgage contained, as additional security for the performance of this agreement. It is further mutually agreed between said parties, that recourse shall not be had to said mortgage until said period of twelve months shall have expired, unless, in case of default in the payment of the interest on said note, the said party of the first part shall have sooner elected to consider said note and mortgage as due and payable. In witness whereof, the respective parties to these presents have hereunto, and to a duplicate hereof, interchangeably set their hands and seals, the day and year first above written. Sealed and delivered in presence of ERWIN DAVIS. [L. S.] GEORGE L. KENNY. [L. 8.] Assignment of Lease by way of Mortgage. This indenture, made and entered into, this 26th day of July, A. D. 1858, between Cecil M. Derby, of the city of San Francisco, of the first part, and Emanuel B. Ketchum of the same place, of the second part. Whereas, Marion M. Bancroft and E. Martin Palmer did, by a certain indenture of lease, bearing date the fifth day of May, A. D. 1857, and to be recorded in the county recorder's office of the county of San Francisco, simultaneously herewith demise, lease, and to farm let unto the said party hereto of the first part, and to his executors, administrators, and assigns, all and singular the premises hereinafter mentioned and described, together with the appurtenances for, and during, and until the full end and term of five years from the twentieth day of August, in the year 1856, and fully to be complete and ended with certain privileges of renewal therein contained, yielding and paying therefor to the said Marion M. Bancroft and E. Martin Palmer, and to their executors and assigns, the monthly rent or sum of three hundred and fifty dollars; and whereas, the said party of the first part is justly indebted to the said party of the second in the sum of five thousand seven hundred and seventy-five dollars, lawful money, secured to be paid by his certain promissory note, bearing even date with these presents, of which the following is a copy, viz.: $5,775 00. San Francisco, July 26, 1858. Six months after date, for value received, I promise to pay to the order of Emanuel B. Ketchum, five thousand seven hundred and seventy-five dollars, with interest thereon at the rate of two and one-half of one per cent. per month, payable monthly, in advance. If any instalment of such interest shall become due and be unpaid for the space of fifteen days, then, and from thence forth the interest on the said sum of five thousand seven hundred and seventy-five dollars is to be compounded monthly. If any instalment of said interest shall become due before the maturity of said note, and be unpaid for the space of fifteen days, then it shall be optional with the payee, or his assigns, to consider this note as immediately due, and payable with compound interest as aforesaid, [Endorsed.] [Signed.] as, by the said promissory note, reference being thereto 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 secured to be paid by the said promissory note, 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 delivering of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, assigned, transferred, and set over, and by these presents doth grant, bargain, sell, assign, transfer, and set over unto the said party of the second part, and to his heirs and assigns forever, all that certain lot, piece, or parcel of land situate, lying, and being in the city and county of San Francisco, bounded and described as follows, viz.: [here insert description,] together with the buildings thereon known as "the Chinese Amphitheatre," with the appurtenances thereof, and all the machinery, scenery, fixtures, furniture, properties, wardrobe and decorations belonging and appertaining thereto, with all and singular, the rights and privileges thereunto belonging, or in anywise appertaining, and also all the estate, right, title, interest, term and terms 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 of, in and to the building or buildings erected thereon, and every part and parcel thereof with the appurtenances, and also the said indenture of lease, and every clause, article, privilege, condition and covenant therein contained. To 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 and terms of years yet to come and unexpired, subject, nevertheless, to the rents, covenants, provisions and conditions in the indenture of lease mentioned; provided, always, and these presents are upon this express condition, that if the said party of the first part, his executors or administrators, shall |