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the part between brackets.] And this indenture further witnesseth. [Here add an assignment of the mortgaged premises, concluding the habendum as follows.] But subject to such right, title, and equity of redemption, as the same messuages, &c., under and by virtue of the said in part recited indenture of mortgage of are subject and liable to: 4 And the said (mortgagee] doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree, with and to the said [assignee,] by these presents, in manner following ; (that is to say,) that he, the said [mortgagee,] hath not received the aforesaid sum of L.

or any part thereof; but that the same sum is still due and owing to him, on the said recited securities : And further, &c., [add covenant that he has not incumbered, p. 89.] In witness, &c.

CONVERSION OF A MORTGAGE FOR A TERM INTO A

MORTGAGE IN FEE ON A TRANSFER, THE TERM BEING ASSIGNED TO ATTEND THE INHERITANCE.

This indenture, made, &c., between [the mortgagor] of the first part, [the mortgagee] of the second part, [the assignee] of the third part, and (the trustee] of the fourth part. [Recite the mortgage, the amount due on it, and the agreement with the assignee.] Now, this indenture witnesseth, that, in pursuance of the said recited agreement in this behalf, and in consideration of the sum of L.

by the

• This covenant is of importance where the mortgagor is not a party, as the assignee takes subject to the account existing between the mortgagor and mortgagee; Bradwell v. Catchpole, 3 Swan. 79, n. ; Chambers v. Goldwin, 9 Ves. 264.

If the term is a modern one, and it should be thought advisable to merge it, this form may be easily adapted for that purpose; the mortgagee joining in the conveyance of the fee, and the second witnessing part being omitted altogether.

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said [assignee] paid to the said [mortgagee,] as hereinafter mentioned; and also in consideration of the sum of 10s. by the said [assignee] now paid to the said [mortgagor,] the receipt whereof is hereby acknowledged, he, the said [mortgagor,] hath granted, bargained, sold, released, and confirmed, and, &c., unto the said [assignee,] (in his actual possession, &c.,) and to his heirs and assigns, all, &c. [The remainder of this witnessing part, including the proviso for redemption, power of sale, covenants for title, will be like other mortgages; then add,] And this indenture further witnesseth, that, in consideration of the sum of L.

by the said [assignee,] at the request and by the direction of the said [mortgagor,] testified, &c., to the said [mortgagee,] in hand, &c., the receipt, &c., and, &c., [insert a nominal consideration paid by the trustee ; ] he, the said [mortgagee,] at the request and by the direction of the said [mortgagor,] and

upon the nomination of the said (assignee,] testified, &c., hath bargained, sold, assigned, transferred, and set over, and, &c., unto the said (trustee,] all and singular the said [messuages, lands, and premises] comprised in, and demised by, the said hereinbefore in part recited indenture of mortgage of being the hereditaments hereinbefore described, and hereby granted and released, or intended so to be, with their several rights, members, and appurtenances; and all the estate, &c.: To have and to hold the said messuages, lands, and other the premises hereby assigned, or intended so to be, with their appurtenances, unto the said (trustee,] his executors, administrators, and assigns, for and during all the rest, residue, and remainder of the said term of

years now to come and unexpired, and all other the estate, term, and interest of the said [mortgagee,] therein freed and absolutely discharged of and from the said sum of L.

and interest, and all other the moneys secured by the said indenture of mortgage as hereinbefore mentioned; but nevertheless in trust for the said [as

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signee,] his executors, administrators, and assigns, for better and more effectually securing to him and them the said principal sum of L.

and inte rest and other moneys hereby secured, or intended so to be; and for that purpose to assign and dispose of the same term and premises, from time to time, as he or they shall direct or appoint, and subject thereto, In trust for the said [mortgagor,] his heirs, appointees, and assigns, and to wait upon and attend the reversion, freehold, and inheritance of the same premises. [Add a covenant by mortgagee that he has done no act to incumber, 89.] In witness, &c.

MORTGAGE OF LEASEHOLDS FOR YEARS.

This indenture, made, &c., between the mort- Parties. gagor,] of, &c., of the one part, and the mortgagee,] of, &c., of the other part. [Recite the original lease, (see p. 33,) and recite the mesne assignments, (or say, by divers," 8c., as in p. 32, showing the original lease and the last assignment ;) and recite the contract for the loan, see p. 26.] Now, this in- Testatum. denture witnesseth, that, in pursuance of the said agreement, and in consideration, &c., he, the said [mortgagor,] hath granted, bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., unto the said [mortgagee, j his executors, administrators, and assigns, all, &c., comprised in and demised by the said recited indenture of, &c., and assigned to the said [mortgagor, j as aforesaid, with their and every of their appurtenances, and all the estate, right, title, interest, term, and terms of years yet to come and unexpired, property, claim, and demand.whatsoever of him, the said [mortgagor,] of, in, or to the same, or any part or parcel thereof, both at law and in equity. To have and to hold the said, Habendum. &c., hereby assigned, or intended so to be, with their appurtenances, unto the said [mortgagee,] his executors, administrators, and assigns, for and during all the rest, residue, and remainder yet to come and un.

Covenants.

expired of the said term of, &c., and all other the estate, term, and interest of the said [mortgagor,] of and in the same ; subject nevertheless to the payment of the rent thereby reserved, and the performance of the covenants and agreements therein contained, (which, from the 25th day of March last past, are or ought to be paid, performed, fulfilled, and kept, for

and in respect of the said premises ;) and subject Proviso for – also to the proviso or condition for redemption redemption. hereinafter contained ; (that is to say,) provided, &c.

[Add a proviso for redemption, p. 72, and covenants by the mortgagor for payment of the mortgage-money and interest, p. 97, that the lease is valid, as in p. 94, (commencing with the words, “That the said hereinbefore recited lease,” &c., without the preliminary qualification, which is always omitted in mortgages,) and other covenants for title, p. 95.] And further, that he, the said [mortgagor,] his heirs, executors, or administrators, shall and will, from time to time, so long as any principal, interest, or other moneys shall remain due on the security intended to be hereby made, pay, perform, and keep the rents, covenants, and agreements, in and by the said in part recited indenture of lease reserved and contained, on the lessee's or assignee's part to become due and pay. able, and to be performed and kept, for or in respect of the said leasehold premises, or any part thereof. [If required, add covenant for keeping the premises insured, see form, p. 98, which, if the insurance has not been actually effected, will require to be varied in the commencement, for which, see p. 108; and add proviso for mortgagor to enjoy till default.] In witness, &c.

FURTHER CHARGES

Parties.)

This indenture, made, &c., between [the mort

When by in- The further charge is frequently made by indorsement ; dorsement.

for which purpose this precedent may be easily altered.

gagor] of the one part, and [the mortgagee] of the other part. [Recite the mortgage, that the mortgage- Recital. money is still due, and agreement for further loan] Now, this indenture witnesseth, that, in considera- Testatum. tion, &c., he, the said [mortgagor,] for himself, his heirs, executors, and administrators, doth covenant, grant, declare, and agree with and to the said [mortgagee,] his executors, administrators, and assigns, in manner following ; (that is to say,) that all and sin- Charge. gular the said messuage, &c., described in the said recited indenture of mortgage, with their appurtenances, shall stand and be chargeable with, and continue and be a security unto him, the said [mort. gagee,] his executors, administrators, and assigns, not only for the payment of the said sum of L. and interest respectively secured by the said recited indenture, as aforesaid, but also for the payment of the said sum of L. now (or since] advanced by him as aforesaid, with interest for the same after the rate of L. per cent. per annum, until paid. And that the said messuage, &c., shall not be redeemed, or redeemable, either at law or in equity, until as well the said sum of L. and interest, as also the said sum of L.

and interest, together with all costs, charges, damages, and expenses, occasioned by or in relation thereto, shall be fully paid and satisfied unto the said [mortgagee,] his executors, administrators, and assigns, according to the true intent and meaning of these presents. [Add covenants from mortgagor for payment of the further sum and interest, p. 97," and short covenants

Covenants.

Covenant.

« On a day named, or “upon lawful demand made to him or them by the said (mortgagee,) his executors, administrators, or assigns, for that purpose.”

If there be a power of sale in the mortgage, add, “ And When a power further, that the said premises, and every of them, shall be, of sale. and they are hereby made subject and liable to the same, or the like power of sale, and other powers and remedies, for payment of the said sum of L. as the same premises are by the said recited indenture of, &c., subject or liable to,

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