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payment of the said sum of L. and interest, or any part thereof respectively, contrary to the true intent and meaning of these presents, peaceably and quietly to possess and enjoy the said premises, and to receive the rents, issues, and profits thereof, without any interruption or disturbance from him, the said [mortgagor,] or his heirs, or from any person or per. sons whomsoever ; and that absolutely discharged Free from in

cumbrances. or otherwise by the said [mortgagor, ] his heirs, executors, or administrators, indemnified, from all conveyances, charges, and incumbrances whatsoever. And Further asfurther, that he, the said [mortgagor,] and his heirs, surance.; and all persons whatsoever lawfully and equitably claiming, or to claim, any estate or interest in the said hereditaments or premises, or any part thereof, shall and will, upon the request of the said [mortgagee,] his heirs or assigns, but at the costs and charges of the said [mortgagor,] his heirs, executors, administrators, or assigns, execute all such further assurances as may be required by him, the said [mortgagee,] his heirs or assigns, for limiting, appointing, or conveying the said premises to the use of the said (mortgagee,] his heirs and assigns, in manner aforesaid. Provided Proviso for always, that it shall be lawful for the said [mortga- enjoy until

mortgagor to gor,] his heirs or assigns, to enjoy the said premises default. without the disturbance of the said [mortgagee,) his heirs or assigns, until default shall be made in payment of the said sum of, &c., or the interest thereof, or any part thereof respectively. In witness, &c.

A SHORT FORM OF A MORTGAGE, WITH TRUSTS FOR

SALE, WHERE THE MONEY IS ADVANCED FOR A
LIMITED TIME BY TWO PERSONS.

This indenture, made, &c., between A. B., [mort. Parties. gagor,] of the first part, C. D. and E. F., [mortgagees,] of the second part, and G. H., (trustee,] of the third part. [Recite the mortgagor's title, and the contract for the loan, to be secured by a convey

Testatum.

receive the rents until

the time ap- the

day of

the money

day of

lent.

ance in trust to sell.] Now, this indenture witnesseth, that, in pursuance of the aforesaid agreement,' and in consideration of, &c. [Here convey the pro

perty according as it may be freehold, copyhold, or Upon trust to leasehold.] Habendum upon trust, that he, the said permit the

(trustee,] his [heirs] and assigns, do and shall permit mortgagor to

the said [mortgagor,] his [heirs) and assigns, to receive the rents and profits of the said premises until

and in case the said (mortpointed for payment of gagor,] his heirs, executors, or administrators, shall and do on such

pay unto the said [mortgagees,] their executors, administrators, or assigns, the aforesaid sum of L. with interest thereon, after the rate, &c., then upon trust to reconvey and reassure the aforesaid

and premises unto the said [mortgagor, his [heirs] and assigns, Upon default, or as he or they shall direct; but in case default shall to enter upon be made in payment of the principal and interest

moneys hereby secured, then, and immediately after such default, upon trust, that he, the said (trustee,] his heirs, executors, administrators, and assigns, do and shall enter upon, receive, and take the rents and profits of the said hereditaments and premises ; and as soon after as conveniently may be, sell and dispose of the same, or any part or parts thereof, either by public auction or private contract, or both of such ways, for the best price or prices that can be obtained ; and convey the same hereditaments and premises, when sold, to the purchaser or purchasers thereof, or as he or they shall direct. And it is hereby declared, that the said (trustee,] his heirs, executors, administrators, and assigns, shall stand possessed of the money arising from such sale, and of the rents and profits of the said premises in the

and sell.

Trusts of the money

"If the consideration is stated as paid conjointly, one stamp only will be payable upon the gross amount; but if the nortgagees are treated as tenants in common of the money by stating it to be paid in equal or other proportions, hen an ad valorem duty will be payable upon each sum.

mises after

meantime, upon trust, after payment of all expenses attending the said sale, and the performance of the trusts herein contained ; [to pay unto the said C. D., his executors, administrators, or assigns, the sum of L.

with all interest which shall be then due for the same.

And also to pay to the said E. F., his executors, administrators, and assigns, the sum of, &c., with, &c.,] (or) [unto the said C. D. and E. F., their executors, administrators, and assigns, the said sum of L. and all arrears of interest, and other sums of money, if any due and owing to them upon or by virtue of these presents,] and after full payment and satisfaction of the said principal, interest, and other moneys upon trust, that he, the said (trustee,] his heirs, executors, administrators, or assigns, shall and do pay the residue (if any) of the moneys to arise by such sale unto the said [mort- rusts of pregagor,] his executors, administrators, or assigns,

payment of and, if any part or parts of the said and

the money premises, shall then remain unsold, reconvey and reassure the same unto the said [mortgagor,] his [heirs] or assigns, or as he or they shall direct or appoint. And it is hereby declared, that the purchaser or Purchasers purchasers of the said hereditaments and premises not bound to shall not be obliged to see to the application of his,

plication of her, or their purchase-money, after paying the same purchaseto the said (trustee,] his executors, administrators, money. or assigns, and taking his, her, or their receipt for the same; which receipt shall be a good discharge for all money therein expressed to be received. [Add covenant for payment of the mortgage-money, p. 97, for quiet enjoyment, and for further assurance, p. 101.] Provided, lastly, and it is hereby declared, Proviso in that in case the said [trustee,] his heirs or assigns, case of trustee shall decline, refuse, or become incapable to act in declining, &c. the trusts aforesaid, it shall and may be lawful for the said [mortgagees,] their executors, administrators, or assigns, to appoint another trustee in his or their place, to whom the said trust property and premises shall, with all convenient speed, be conveyed; and

see to the apnor

such new trustee shall have, and may exercise, the same powers as well before as after such conveyance,

in the same manner as if his name had been inserted Trustee's in. in these presents, and that neither the said demnity

any future trustee shall be answerable for any loss that may befall the said premises, unless the same shall happen by or through his or their wilful default. In witness, &c.

clause.

SHORT MORTGAGE OF PERSONALTY.

Parties.

Testatum.

Habendum.

This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. [Recite the loan or the amount due and owing.] Now, this indenture witnesseth, that, in consideration of, &c., he, the said A. B., hath granted, bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., unto the said C. D., his executors, &c., all, &c. To have and to hold all and singular the said, &c., unto the said C. D., his executors, administrators, and assigns for ever. Provided always, and it is hereby agreed and declared, that if the said C. D., his executors, administrators, or assigns, or any of them, do or shall well and truly pay, or cause to be paid, unto the said A. B., his executors, administrators, or assigns, the sum of L. of lawful, &c., with interest for the same, after the rate, &c.

, then these presents, and every clause, article, condition, and thing herein contained, shall cease and

• Here may be added, “In trust at any time hereafter to enter upon the said premises, to make sale of the same goods, &c., by public auction or private contract, and out of the produce thereof, after paying the expenses of the sale and other charges, to pay or retain the said sum of, &c., so lent and advanced as aforesaid, (or so due and owing as aforesaid,) with all interest that may be then due thereon ; and after satisfaction thereof, in trust to pay the residue of such moneys unto the said A. B., his executors, administrators, and assigns.”

be void, anything, &c. [Covenant by mortgagor for payment of the money, see p. 97.] In witness, &c.

FURTHER CHARGE BY APPOINTMENT.

for a further sum.

This indenture, made, &c., between A. B. of the Parties. one part, and C. D. of the other part. [Recite the Recital of momortgage.] And whereas there is now due and owing ney owing. unto the said C. D., on the said recited security, the principal sum of L.100 only, all interest for the same having been paid and discharged up to the day of the date hereof;) and whereas the said A. B., hav- Application ing occasion for the further sum of L.50, hath applied to and prevailed upon the said C. D. to advance and lend him the same on such security by way of further charge, as hereinafter contained. Now, this in- Operative denture witnesseth, that, in consideration, &c., the part. receipt, &c., he, the said A. B., for himself, his heirs, &c., doth covenant, &c., to and with the said C. D., bis executors, &c., and also direct, limit, and appoint, that all and singular the said messuages, &c., and every part thereof, with their appurtenances, shall from time to time, and at all times hereafter during the remainder of the said term of five hun. dred years, stand, remain, and continue charged and chargeable with, and be a security unto the said C. D., his executors, &c., for the payment as well of the said sum of L.50 now advanced and leat, as of the said sum of L.100 before lent and advanced, making together the sum of L.150, with interest on the said several sums after the aforesaid rate of

; and that the said messuages, &c., or any part thereof, shall not be redeemed or redeemable, until full payment and satisfaction shall be made unto the said C. D., his executors, &c., as well of the said sum of L.50 now advanced, and the interest thereof, as of the said sum of L.100, and the interest thereof; anything in the said in part recited indenture contained to the contrary notwithstanding. [Covenant for Covenant.

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