No. IV. the said (mortgagor), applied in further liquidation of the said Reconveyance mortgage debt. of Residue of Mortgaged Premises, where a Portion has 5. AND WHEREAS upon an account this day made and stated been sold for between the said (mortgagor) and (mortgagee), there is now purpose of discharging the justly due and owing to the said (mortgagee), for principal and Mortgage Debt. interest upon his said recited mortgage security, the sum of 3731. 17s. 10d., as the said (mortgagee) and (mortgagor) do hereby mutually testify and declare. That only 3734. 178. 10d. is due upon mortgage security. Of agreement for reconvey ance. Testatum. 6. AND WHEREAS the said (mortgagee), at the request of the said (mortgagor), hath agreed to reconvey the remaining portion of the said mortgaged premises which are still unsold, unto the said (mortgagor), his heirs and assigns, upon receiving payment of the remaining balance of such mortgage debt so due and owing unto him the said (mortgagee) as aforesaid. 7. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said recited agreement, in consideration of the premises, (b) [and also for and in consideration of the sum of 3731. 17s. 10d., so due and owing to the said (mortgagee)] as aforesaid, and paid by the said (mortgagor) to the said (mortgagee) on the execution hereof, the receipt of which, and also that the same is in full satisfaction and discharge of all moneys owing to him upon his said recited mortgage security, the said (mortgagee) hereby acknowledges, and therefrom DOTH by these presents release, exonerate and for ever discharge the said (mortgagor), his heirs, executors, administrators and assigns, HE the said (mortgagee), DOTH by these presents grant, release, ratify and confirm unto the said (mortgagor) and his heirs, ALL, &c. [DESCRIBE parcels; INSERT general words, all-estate clause, all-deeds clause, habendum to dower uses, and declaration to debar dower, ut ante, Section II., No. I., clause 5, p. 33; ALSO covenant from mortgagee that he has done no act to incumber, ut ante, Section IX., No. I., clause 6, p. 343.] IN WITNESS, &c. (b) If the mortgage has been already paid off, the words within brackets above must be omitted. No. V. RECONVEYANCE OF MORTGAGED PREMISES WHERE THERE 1. Parties. 2. Recital of mortgage and transfer. 1. THIS INDENTURE, made the day of A.D. 185 Parties. BETWEEN (transferree), of, &c., of the one part, and (mortgagor), of, &c., of the other part. day of 18 و Recital of mortgage and 2. WHEREAS by indenture dated the and made between the said (mortgagor), of the first part, (executor transfer. of deceased mortgagee), of the second part, and the said (transferree), of the third part, AFTER RECITING that by indenture of demise dated the day of made between the said (mortgagor), of the one part, and the said (deceased mortgagee), of the other part, the said (mortgagor) had demised the messuages or dwelling-houses, closes of land and premises therein and hereinafter described, and which are intended to be hereby granted and released, unto the said (deceased mortgagee), his executors, administrators and assigns, for the term of 1000 years, SUBJECT to a proviso for making void the said term on payment by the said (mortgagor), his heirs, executors, administrators or assigns, unto the said (mortgagee), his exccutors, administrators or assigns, of the sum of 1,500l., and interest at the rate of 5l. for every 100l. by the year, at the time and in manner therein mentioned, but in payment whereof default was made; AND ALSO RECITING that the said (deceased mortgagee) had died on the last, having made his will dated the day of day of , then and appointed No. V. the day of the said (executors), executors thereof, who duly proved the same Transfer of in the Prerogative Court of the Archbishop of Canterbury on Mortgage, &c. then last, AND FURTHER RECITING that the said principal sum of 1,500l. was then still owing upon the said mortgage security, but all interest had been duly paid; AND MOREOVER RECITING that the said (executors) having called upon the said (mortgagor) to pay off the said mortgage debt, he had requested the said (transferree) to advance the same, which the said (transferree) had agreed to do; IT IS WITNESSED that in consideration of 1,500l. paid by the said (transferree) to the said (executors) (at the request and by the direction of the said (mortgagor) testified as therein mentioned) in full satisfaction and discharge of all moneys due on the said mortgage security; AND ALSO in consideration of the further sum of 500l., at the same time paid by the said (transferree) to the said (mortgagor), making altogether the sum of 2,000l., the said (executors) (at the request and by the direction of the said (mortgagor), testified as therein mentioned, and for the purpose of merging the said term of 1000 years in the freehold reversion and inheritance of the said hereditaments and premises, did thereby assign, surrender and yield up, and the said (mortgagor), did thereby grant, release and confirm, unto the said (transferree) and his heirs, the said messuages or dwelling-houses, closes of land, hereditaments and premises hereinafter described, and intended to be hereby granted and released; TO HOLD the same with the appurtenances unto the said (transferree) and his heirs, TO THE USE of the said (transferree), his heirs and assigns for ever, discharged of the proviso for redemption contained in the said therein recited mortgage, but subject to the proviso for redemption therein contained, on payment by the said (mortgagor), his heirs, executors, administrators or assigns, unto the said (mortgagee), his executors, administrators or assigns, of the sum of 2,000l. and interest, at the rate of 51. for every 1001. by the year, at the time and in the manner therein mentioned, but in payment whereof default was made. [INSERT recital that principal is still due, but that all interest has been duly paid; ALSO agreement reconveying mortgaged premises, ut ante, clauses 3, 4, p. 381; ALSO covenant from transferror that he has done no act to incumber, Section IX., No. I., clause €, p. 343.] IN WITNESS, &c. No. VI. RECONVEYANCE WHERE A MORTGAGE AND PURCHASE HAVE BETWEEN (mortgagee), of, &c., of the one part, and (mortgagor), of, &c., of the other part. day of made Recital of purchase and 2. WHEREAS by indenture dated the between the said (mortgagee) of the one part, and the said (mort- mortgage deed. gagor) of the other part, AFTER RECITING that the said (mortgagee) had contracted to sell the said (mortgagor) the fee-simple and inheritance of the hereditaments and premises therein and hereinafter described for the price of 2,000l., and that upon the treaty for the said purchase, it had been agreed that the sum of 1,000%., being one moiety of the said purchase money, should be allowed to remain by way of mortgage on the security of the said hereditaments and premises: IT IS WITNESSED, that in consideration of 1,000l. then paid by the said (mortgagor) to the said (mortgagee), and of the further sum of 1,000l. to be secured by way of mortgage as thereinafter mentioned, the said (mortgagee) did thereby grant, release and confirm unto the said (mortgagor) and his heirs, the said hereditaments and premises hereinafter described, TO HOLD the same, with the No. VI. where a appurtenances, unto the said (mortgagor) and his heirs, TO THE Reconveyance USE of the said (mortgagee), his heirs and assigns for ever, UPON Mortgage and TRUST to permit the said (mortgagor), his heirs and assigns, to hold and enjoy and to receive and take the rents, issues and profits of the said hereditaments and premises until the Purchase has been effected by the same Instrument. That principal was not paid at the appointed time, but that all interest has been duly paid. Of agreement to convey upon receiving remainder of purchase money. Testatum. day of then next, and then, if the said (mortgagor), his heirs, executors, administrators or assigns, should pay unto the said (mortgagee), his executors, administrators or assigns, the sum of 1,0004, being the remainder of the said purchase money, with interest for the same at the rate of 47. for every 100l. by the year without deduction, the said (mortgagee), his heirs or assigns would, at the request and costs of the said (mortgagor), his heirs or assigns, convey and assure the said hereditaments and premises unto and to the use of the said (mortgagor), his heirs and assigns, or otherwise as the said (mortgagor), his heirs or assigns should direct, free from all incumbrances created therein by the said (mortgagee), his heirs or assigns, in the meantime. 3. AND WHEREAS the said principal sum of 1,000l. and interest was not paid off at the time appointed by the said hereinbefore recited indenture, but all interest for the same has been duly paid home and up to the day of the date of these presents, as the said (mortgagee) doth hereby testify and declare. 4. AND WHEREAS the said (mortgagee), at the request of the said (mortgagor), has agreed to convey the said hereditaments and premises unto the said (mortgagor), his heirs and assigns, in manner hereinafter mentioned, upon receiving the remainder of the said purchase money or sum of 1,000l. so secured by way of mortgage the said premises as aforesaid. upon 5. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said recited agreement, and in consideration of the sum of 1,000l. sterling. [CONTINUE testatum clause, ut ante, No. I., clause 5, p. 381; habendum, ut ib., clause 6, p. 382; AND THEN ADD covenant from mortgagee that he has done no act to incumber, ut ante, Section IX., No. I., clause 6, p. 343.] IN WITNESS, &c. |