« ForrigeFortsett »
well and truly pay unto the said party of the second part, his executors, administrators and assigns, the said sum of money secured to be paid by the said promissory note, and the interest thereon, at the time and in the manner mentioned in the said promissory, note, according to the true intent and meaning thereof, and also pay the other moneys hereinafter agreed to be Fo as herein provided, that then these P. and the estate ereby granted shall cease, determine, and be utterly void. And the said party of the first part, for himself, his heirs, executors and administrators, doth covenant and agree to pay unto the said party of the second part, his executors, administrators or assigns, the said sums of money and interest as mentioned above, and secured to be paid as aforesaid, and also to pay the said monthly rent so reserved and agreed to be paid on said indenture of lease as aforesaid. And if default shall be made in the payment of the said sum of money above mentioned, or in the interest that may grow due thereon or in any part thereof, or in the said monthly rent so reserved and agreed to be paid in and by said indenture of lease as aforesaid, that then, and from thenceforth, it shall be lawful for the said party of the second part, his executors, administrators and assigns, and he and they are hereby empowered and authorized to consider the whole amount of said promissory note as immediately due and payable, and to enter into and take possession of, all and singular, the said demised premises, and to let or underlet the same, and to collect the rents due or to become due therefor, and apply the moneys thus received toward the payment of the said monthly rent agreed to be paid in and by said indenture of lease, and the balance toward the payment of the interest due and to become due upon said promissory note, and the balance thereof toward the principal of said promissory note until the same is fully paid, or to sell, transfer and set over all the rest, residue and remainder of the term and terms of ears then yet to come and unexpired of the said indenture of ease, and all the other the right, title and interest of the said party of the first part, his heirs, executors, administrators, or assigns of, in, and to the same, and the hereby assigned premises, at public auction, according to law and under the direction of some court of competent ...i. 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 assignment or transfer in the law for the same, and out of the moneys arisin from such sale to retain the principal and interest which shal then be due on the said promissory note, together with the costs and charges of advertisement and sale of the same premises and of suit for foreclosure, including counsel fees, at the rate of ten per cent. upon the amount which may be found to be due for principal and interest by the said decree, and also the amount of all such payment of taxes, assessments, rents or incumbrances as may have been made by said party of the second part, his heirs, executors, administrators or assigns, by reason of the permission hereinafter given, with the interest on the same hereinafter allowed, onio, 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 ersons claiming, or to claim, the premises or any part thereof, y, from, or under him, them, or either of them. And it is hereby agreed that it shall be lawful for the said party of the second part, his heirs, executors, administrators, or assigns, to pay and discharge at maturity all such taxes, rents, or assessments, liens, or other incumbrances now subsisting or hereafter to be laid or imposed upon said demised premises, and which may be in effect a prior charge thereupon to these presents, including all rents and other charges reserved in said indenture of lease, and for such payments shall be allowed interest at the rate of three per cent. per month. Such payment and interest shall be considered as secured by these presents, and a charge upon said lots of land, lease and premises shall be repayable on demand, and ma be deducted from the proceeds of the sale above authorized. And the said party of the first part, for himself, his executors, and administrators, doth hereby covenant and agree that he and they shall and will insure and keep the buildings erected and to be erected upon the said demised premises insured against loss by fire until each promissory note shall be fully paid, in a sum not less than seven thousand dollars, in some one or more insurance companies in good standing, to be approved by the party hereto of the second part, and assign the policy and certificates thereof to the said party of the second part, his executors, administrators, and assigns, and in default thereof it shall be lawful for the said party of the second part, his executors, administrators, and assigns, to effect such insurance for periods of not less than six months, and the premium and premiums paid for effecting the same shall be alien on the said mortgaged premises added to the amount of said promissory note, and bear interest at the rate of three per cent. per month, and be secured by these presents and be repayable on demand. And the said party of the first part, for himself, his executors and administrators, doth hereby covenant to and with the said party of the second part, his executors, administrators, and assigns that the said premises hereby grante,
are free and clear of and from all incumbrance of every name and nature whatever. In witness whereof, the said party of the first part hath hereunto set his hand and seal, at the city of San Francisco, the day and year first above written. CECIL. M. DERBY. [L. s.] Sealed and delivered in presence of M. NASH.
C H A P T E R X X XI.
By the statute of California, the governor is authorized to appoint a certain number of notaries for each of the respective counties, to hold office for two years, and until their successors are appointed and qualified." Each notary public, before entering upon the duties of his office, shall take the oath of office, which shall be endorsed on his commission, and shall enter into bond to the state in the sum of five thousand dollars, with sureties to be approved by the county judge of the county for which said notary may be appointed. The bond, together with a certificate of the oath, shall be filed and recorded in the office of the county clerk of such county. See chapter on OFFICIAL BoND AND OATH. He is also required to provide a notarial seal, with a device of the coat of arms of the state, and the name of his county,” with which to authenticate all his official acts. The statute provides, however, that all officers authorized to administer oaths and affirmations, may certify the same under their hands, without affixing their seals." Notaries public shall have authority to demand acceptance and payment of foreign bills of exchange, and to protest the same for non-acceptance and non-payment, and to exercise such other powers and duties, as by the law of nations and according to commercial usages, or by the law of any other state, government, or country, may be performed by notaries public." They may also demand acceptance of inland bills of exchange and payment thereof, and of promissory notes, and may protest the same for non-acceptance or non-payment, as the case may require." Each notary public shall have power to take and to certify the acknowledgment or proof of powers of attorney, mortgages, deeds, and other instruments of writing, the acknowledgment of conveyance, or other instrument of writing executed by any married woman, to take depositions, and to administer oaths and affirmations in all matters, incident or belonging to duties of his office, and to take affidavits to be used before any court, judge, or officer of this state.” He is required to keep a fair record of his official acts, except those mentioned in the preceding section, and to give, when required, a certified copy of any record or paper in his office, whether his own or those of any predecessor, to any person, upon payment of the fees thereof.” Upon expiration of his office, he must deliver his record and public papers to his successor. If he die, resign, be disqualified, or remove from the county, they must be delivered within thirty days to the recorder of the county, who must deliver them to the successor of such notary, when qualified.” His seal, registers and official documents are exempt from execution ; and, in case of his death or removal, his register and official documents must be lodged in the office of the county recorder for the use of his successor." For any misconduct or neglect of duty in any of the cases in which any notary public appointed under the authority of this state, is authorized to act, either by the law of this state, or of any other state, government, or country, or by the law of nations, or by commercial usage, he shall be liable on his official bond to the parties injured thereby, for all damages sustained. For any wilful violation or neglect of duty, any notary public shall be subject to criminal prosecution, and may be punished by fine not exceeding two hundred dollars and removal from office.” Any certificate or instrument, either printed or written, purporting to be the official act of a notary public of this state, and purporting to be under the seal and signature of such notary
1 Wood's Dig. art. 2843. a td. 2896, * id. 2846, * id. 2844.