No. X. Household Furniture and Effects, with Powers of Sale, fc. 5. PROVIDED ALWAYS, and it is hereby declared, that if the said (mortgagor), his heirs, executors or administrators shall, upon Bill of Sale of demand in writing by the said (mortgagee), his executors, administrators or assigns, or, without such demand, well and truly pay or cause to be paid unto the said (mortgagee), his executors, administrators or assigns, the sum of £ sterling, together with Proviso for interest for the same at the rate of 51. for every 1007. by the year, redemption. then and in such case the assignment hereby made, and every clause, matter and thing herein contained, shall cease, determine, and be utterly void to all intents and purposes whatsoever. 6. PROVIDED ALSO that in case the said (mortgagor), his heirs, Power of sale. executors or administrators, upon such demand for payment being made upon him or them as aforesaid, shall neglect or fail to make such payment accordingly, THEN and in such case, and at any time thereafter, it shall be lawful for the said (mortgagee), his executors, administrators and assigns, to take possession of the said household furniture, utensils, goods, chattels, and effects, and to sell the same, or any part thereof, by public auction or private contract, upon such conditions and in such manner as the said (mortgagee), his executors, administrators or assigns may think proper, and to bring in and resell the same at any future sale or sales, without being responsible for any loss or diminution in price which may be thereby incurred, and also to rescind or vary the terms of any contract for the sale of the said effects and premises, or any part thereof; and also with full power to give receipts to any purchaser of the said effects and premises, or any part thereof, which receipt or receipts shall effectually exonerate such purchaser or purchasers from all responsibility with respect to the application of the moneys therein expressed to have been received, or from inquiring into the necessity or expediency of any such sale or sales as aforesaid, or whether any such demand and default in payment as aforesaid shall have been made. gor) hereby ratifying and confirming, and promising and agreeing to ratify and confirm, all and whatsoever the said (mortgagee), his executors or administrators, or his or their attorney or attorneys, shall lawfully do or cause to be done in the premises by virtue of these presents. No. X. Household Furniture and and carry off in case of default in payment. 7. AND for better enabling the said (mortgagee), his executors, Bill of Sale of administrators and assigns, to obtain and keep possession of the said household furniture, utensils, goods, chattels and effects, and all Effects, with and singular other the said hereby-assigned premises, after default Powers of Sale, fc. shall have been made in payment of the said principal moneys and Power to seize interest as aforesaid, the said (mortgagor) DOTH by these presents assigned effects, absolutely and irrevocably license and empower the said (mortgagee), his executors, administrators and assigns, at any time or times, in person or by deputy, and accompanied with such person or persons as he may think proper, to enter, and, if necessary, to break into and upon the said dwelling-house, wherein the said furniture is now contained, or any other dwelling-house or other premises belonging to or occupied by the said (mortgagor), his heirs, executors, administrators or assigns, wherein the said effects may be at any time deposited, or where the same may reasonably be supposed to be, and to seize and remove the same in such manner as the said (mortgagee), his executors, administrators or assigns may think proper. Declaration of trust of purchase moneys. Covenant from mortgagor for payment of principal and interest. 8. AND IT IS HEREBY DECLARED, that in case of any such sale or sales as aforesaid, the said (mortgagee), his executors, administrators or assigns, shall stand possessed of the purchase moneys arising from such sale or sales as aforesaid, IN TRUST, after defraying all the incidental expenses thereby incurred, to retain the said principal sum of £ and interest hereby secured, or so much thereof as shall be then owing upon this security, and to pay over the surplus moneys (if any) unto the said (mortgagor), his executors, administrators or assigns. 9. AND the said (mortgagor) doth hereby for himself, his heirs, executors and administrators, covenant with the said (mortgagee), his executors, administrators and assigns, that he the said (mortgagor), his heirs, executors or administrators, will, immediately upon demand thereof in writing signed by or on behalf of the said (mortgagee), his executors, administrators and assigns, delivered to or left for him or them at his or their last or usual place of abode or business in England, pay unto the said (mortgagee), his executors, administrators or assigns, the full sum of £ sterling, together with interest for the same at the rate of 51. for every 100%, by the year, to be calculated from the day of the date of these presents, without deduction on any account or pretence whatsoever. [ADD covenants to pay interest half yearly, ut ante, Section II., No. I., clauses 10 and 11, pp. 37, 38, AND to insure against damage by fire, ut ib., clause B., p. 49.] No. IX. Bill of Sale of Furniture and Effects, with Powers of Sale, fc. Household until default. 10. PROVIDED ALWAYS, AND IT IS HEREBY DECLARED AND Proviso for quiet enjoyment AGREED, that until default shall be made in payment of the said by mortgagor sum of £ and interest upon such written demand as aforesaid, it shall be lawful for the said (mortgagee), his executors, administrators and assigns, to have, hold, use, possess and enjoy the said household furniture, utensils, goods, chattels and effects, and all and singular other the said hereby-assigned premises, without hindrance, molestation, or disturbance of or by the said (mortgagee), his executors, administrators or assigns, or any other person or persons whomsoever rightfully claiming under him or them. IN WITNESS, &c. No. XI. ASSIGNMENT UNDER A BILL OF SALE, OF AFTER-ACQUIRED 1. Parties. 2. Recital of original bill of sale and 3. That mortgagor has become pos- 4. Testatum. 5. Habendum. 6. Declaration of trust for the benefit of mortgagee. Parties. Recital of original bill of of attorney. day of A.D., 18 1. THIS INDENTURE, made the BETWEEN (mortgagor in last precedent), of, &c., by (mortgagee in last precedent), his attorney, by him thereunto lawfully authorized, of the one part, and (trustee for mortgagor), of, &c., of the other part. 2. WHEREAS by indenture dated the day of made sale and power between the said (mortgagor) of the one part, and the said (mortgagee) of the other part, the said (mortgagor), in consideration of £ then advanced to him by the said (mortgagee), assigned unto the said (mortgagee), his executors, administrators and assigns, the household furniture, utensils, goods, chattels and effects specified and set forth in the schedule thereunto annexed; subject to a proviso for redemption on payment by the said (mortgagor), either upon or without demand in writing of the said (mortgagee), his executors, administrators or assigns, of the sum of £ and interest, at the rate of 51. for every 100%. by the year; which said sum of £ is still owing to the said (mortgagee) upon his said No. XI. Assignment by under Bill of Mortgagee Sale, of afteracquired property of Mortgagor, fc. has become property. 3. AND WHEREAS, since the date and execution of the said That mortgagor hereinbefore recited indenture, the said (mortgagor) hath become possessed of possessed of, and absolutely and beneficially entitled to, the several after-acquired. articles of household furniture, goods, chattels and effects specified and set forth in the schedule hereunto annexed, all of which are intended to be hereby assigned as an additional security for assuring the repayment of the said sum of £ and interest in manner hereinafter appearing. 4. NOW THIS INDENTURE WITNESSETH, that for the purposes Testatum. hereinbefore mentioned, and for the considerations expressed in the said hereinbefore recited indenture of mortgage, and for divers other good causes and considerations him thereunto moving, HE the said (mortgagor), by the said (mortgagee) his attorney, DOTH by these presents assign unto the said (trustee) ALL and singular the articles of household furniture, goods, chattels and effects specified and set forth in the schedule hereunto annexed, AND all the estate, right, title and interest, both legal and equitable, of him the said (mortgagor) therein. 5. TO HAVE, HOLD, RECEIVE AND TAKE the said articles of Habendam. household furniture, goods, chattels and effects, and all and sin gular other the premises hereby assigned, unto the said (trustee), his executors, administrators and assigns. |