No. V. FURTHER CHARGE UPON A MORTGAGE OF A LEASEHOLD 3. Of agreement for further advance. 4. Testatum, by which mortgagor 5. Further testatum, by which mort- ture. 6. Habendum. further charges mortgaged pre- 7. Declaration that power of sale shall mises. extend to further advance. 1. THIS INDENTURE, made the BETWEEN [DESCRIBE same parties as in last precedent.] day of A.D., 18 Parties. day of Recital of mort underlease. 2. AND WHEREAS by indenture dated the made between the said (mortgagor), of the one part, and the said age by way of (mortgagee), of the other part, the said (mortgagor) demised ALL, &c. [DESCRIBE parcels] with their appurtenances, unto the said (mortgagee), his executors, administrators and assigns, from thenceforth, for all the unexpired residue of a certain term of ninetynine years absolute, (b) except the last day thereof; SUBJECT to a proviso for making void the said term, on payment by the said (mortgagor), his executors, administrators or assigns, unto the said (mortgagee), his executors, administrators or assigns, of the sum of (a) See practical observations upon bills of sale of household furniture, ante, p. 291, note (a). (b) If the lease is determinable upon lives, substitute for "absolute""determinable on the decease of three lives as therein mentioned." No. V. upon a Mort 750%. and interest at the rate of 51. for every 100%., by the year on Further Charge a certain day therein mentioned, and since past; and also subject gage of a Lease to the powers of sale therein contained. [INSERT recital that hold Dwelling- principal is still due, and that all interest has been duly paid; ut ante, No. IV., clause 3, p. 332] house, fc. Of agreement for further advance. Testatum, by which mortgagor further charges mortgaged premises. 3. AND WHEREAS the said (mortgagor) having occasion for the further sum of 250l., has requested the said (mortgagee) to advance him the same on the security of the said messuage or dwelling-house and premises, as also of the household furniture, utensils, and effects therein contained, which the said (mortgagee) has agreed to do. 4. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said recited agreement, and in consideration of the sum of 7501. so due from the said (mortgagor) to the said (mortgagee) as aforesaid, and also in consideration of the further sum of 250L sterling paid by the said (mortgagee) to the said (mortgagor) on the execution hereof, the receipt of which said two several sums of 750l. and 250l., making together the sum of 1,000l., the principal sum intended to be hereby secured, the said (mortgagor) hereby acknowledges, and therefrom doth release and for ever discharge the said (mortgagee), his heirs, executors, administrators and assigns, HE the said (mortgagor) doth hereby for himself, his heirs, executors and administrators, covenant with the said (mortgagee), his executors, administrators and assigns, that the said messuage or dwelling-house so as aforesaid assigned unto the said (mortgagee), his executors, administrators and assigns, for all the unexpired residue of the said term of ninety-nine years,(c) with their appurtenances, shall from henceforth be a security for, and be chargeable with, as well the said sum of 750l. so as aforesaid advanced by the said (mortgagee) to the said (mortgagor), as also of the sum of 250% now advanced by the said (mortgagee) to the said (mortgagor), with interest for the same sums respectively at the rate of 51. for every 100%. by the year; and that the said messuage or dwelling (c) If the lease is determinable on lives, add here- No. V. house and premises shall not be redeemed or redeemable, either at law or in equity, until both the said sums of 750l. and 250l., Further Charge and interest for the same respectively shall be fully satisfied and upon a Mortdischarged. gage of a Leasehold Dwellinghouse, &c. furniture. 5. AND THIS INDENTURE ALSO WITNESSETH, that for the con- Further testatum, by which siderations hereinbefore expressed, the said (mortgagor) doth by mortgagor asthese presents assign and transfer unto the said (mortgagee), all and signs household singular the household goods, furniture, utensils and implements, which are now in, about, or belonging to the said messuage or dwelling-house and premises, and which are enumerated and described in the schedule hereunto annexed, AND all the estate, right, title and interest, both legal and equitable, of him the said (mortgagor) therein. 6. TO HAVE, HOLD, TAKE AND ENJOY the said household Habendum. furniture, utensils, effects, and all and singular other the premises hereby assigned unto the said (mortgagee), his executors, administrators and assigns, as his and their own proper chattels and effects. power of sale advances. 7. AND IT IS HEREBY DECLARED, that the powers of sale Declaration that contained in the said hereinbefore recited indenture of mortgage, shall extend to shall extend to the said household furniture, utensils and effects the further hereby assigned, and comprise as well the said sum of 2501. now advanced, as the said sum of 750l. thereby secured, and interest to accrue in respect of the same sums respectively, in the same manner as if the said sum of 250l. had, together with the said sum of 750l., and the said household furniture, utensils and effects, been originally included in the said hereinbefore recited mortgage security. [ADD covenant to pay the aggregate amount secured and interest, ut ante, No. I., clause 7, p. 323.] IN WITNESS, &c. THE SCHEDULE TO WHICH THE ABOVE-WRITTEN INDENTURE REFERS. SECTION IX. TRANSFERS OF MORTGAGES. No. I.-TRANSFER OF MORTGAGE IN WHICH THE MORTGAGOR DOES NOT CONCUR. VARIATION WHERE THE MORTGAGOR'S REPRESENTATIVES HAVE PAID THE INTEREST. No. II.-TRANSFER OF MORTGAGE IN FEE IN WHICH THE MORTGAGOR CON. CURS, SUBJECT TO A NEW PROVISO FOR REDEMPTION AND FRESH MORTGAGE COVENANTS. No. III.-TRANSFER OF MORTGAGE IN FEE AND FURTHER CHARGE, SUBJECT TO A NEW PROVISO FOR REDEMPTION AND FRESH COVENANTS. VARIATION WHEN NEW PROPERTY IS ADDED TO THE MORTGAGE ASSURANCE. No. IV.-TRANSFER OF MORTGAGE OF LEASEHOLD PREMISES WHICH HAVE BEEN MORTGAGED BY WAY OF UNDERLEASE, THE TRANSFER BEING MORTGAGEE WITHOUT THE MORTGAGOR'S CONCUR MADE BY THE No. V.-TRANSFER OF MORTGAGE WHICH HAS BEEN EFFECTED BY TENANT IN TAIL WITHOUT THE CONSENT OF THE PROTECTOR; AND ALSO FURTHER CHARGE TO A NEW LENDER, THE BASE FEE CREATED BY THE FORMER MORTGAGE BEING CONVERTED INTO A FEE-SIMPLE ABSOLUTE BY THE PRESENT ASSURANCE. No. VI.-TRANSFER OF MORTGAGE, AND FURTHER CHARGE, WHERE THE MORTGAGED PREMISES WERE ORIGINALLY DEMISED FOR A TERM, BUT ARE NOW CONVEYED IN FEE. NO. VII.--TRANSFER OF MORTGAGE OF COPYHOLDS, WHICH THE MORTGAGOR HAS SURRENDERED, BUT TO WHICH THE MORTGAGEE HAS NOT BEEN ADMITTED, THE MORTGAGOR MAKING A FRESH SURRENDER TO THE TRANSFEREE'S USE. ABSOLUTE SUBSEQUENTLY TO THE MORTGAGE; ANOTHER ESTATE IN No. IX. TRANSFer of MortgAGE OF FREEHOLD AND LEASEHOLD PROPERTY BY THE HEIR AND EXECUTOR OF A DECEASED MORTGAGEE, THE MORTGAGOR CONCURRING. No. X. TRANSFER OF MORTGAGE IN FEE OF A FREEHOLD ESTATE, WHERE A CONSIDERABLE PORTION OF THE MORTGAGE DEBT HAS BEEN PAID OFF, THE MORTGAGOR BEING A CONCURRING Party. No. XI. TRANSFER OF MORTGAGE WHEN MADE FOR A LESSER SUM THAN IS DUE ON THE ORIGINAL MORTGAGE. |