4. Agreement that whole sum shall become due. The words "And it is hereby expressly agreed that the whole of the said principal sum shall become due at the option of said mortgagee or obligee after default in the payment of any installment of principal or after default in the payment of interest for days. or after default in the payment of any rent or other charge made payable in and by said indenture of lease for

days, or after default in the payment of any tax or assessment for days after notice and demand," must be construed as meaning that should any default be made in the payment of any installment of principal or any part thereof, or of said interest or any part thereof, or of any rent or other charge made payable in and by said indenture of lease, on any day whereon the same is made payable, or should any tax or assessment, which now is or may be hereafter imposed upon the premises hereinafter described become due and payable, and should the said interest, rent or other charge aforesaid, remain unpaid and in arrear for the space of days, or such tax or assessment remain unpaid and in arrear for days after written notice by the mortgagee or obligee, his executors, administrators or assigns, that such tax or assessment is unpaid, and demand for the payment thereof, then and from thenceforth, that is to say, after the lapse of either one of said periods, as the case may be, the aforesaid principal sum, with all arrearage of interest thereon, rent and other charges paid by the mortgagee or obligee, shall, at th option of the said mortgagee or obligee, his executors, admin trators or assigns, become and be due and payable immediate thereafter, although the period above limited for the payment thereof may not then have expired, anything thereinbefore con tained to the contrary thereof in anywise notwithstanding (Added by chap. 338 of 1898, § 2.)

§ 236. Construction of grant of appurtenances, et cetera, and all of the rights and estate of the mortgagor.-In any mortgage or lease of real property the words "together with the appurte nances and all the estate and rights of the part of the first

part of, in and to said premises under and by virtue of the aforesaid indenture of lease," must be construed as meaning, together with all and singular the edifices, buildings, rights, members, privileges and appurtenances thereunto belonging or in anywise appertaining; and also all the estate, right, title, interest, term of years yet to come and unexpired, property, possession, claim

Conveyances and Mortgages.

§ 237

and demand whatsoever, as well in law as in equity, of the said mortgagor or obligor, of, in and to the said demised premises, and every part and parcel thereof, with the appurtenances; and also the said indenture of lease, and the renewal therein provided for, and every clause, article and condition therein expressed and contained. (Added by chap. 338 of 1898, § 3.)

§ 237. What form of mortgage on lease of real property.The use of the following form of instrument for mortgages on leases of real property is lawful but this section does not prevent or invalidate the use of other forms.

trators and assigns, all and singular the premises hereinafter mentioned and described, together with their appurtenances; to have and to hold the same unto the said executors, administrators and assigns, for and during and until the full end and term of

years, from the

one thousand eight hundred and ninety

and to

day of fully to

be complete and ended, yielding and paying therefor unto the said

or sum of

and to

And whereas, the said part

or assigns, the yearly rent

of the first part

justly indebted to the said part of the second part, in the sum of lawful money of the United States of America, secured to be paid by certain bond or obligation, bearing even date herewith, conditioned for the payment of the said sum of

on the

and ninety

at the rate of

paid

day of

eighteen hundred and the interest thereon to be computed from per centum per annum and to be

It being thereby expressly agreed that the whole of the said

principal sum shall become due at the option of the mortgagee or obligee after default in the payment of interest, taxes or assessments or rents as hereinafter provided.

Now this indenture witnesseth that the said part of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, and also for and in consideration of the

sum of one dollar, paid by the said part of the second part, the receipt whereof is hereby acknowledged, doth grant and release, assign, transfer and set over unto the said part the second part, and to his heirs (or successors) and assigns forever.

(Description.)

of

Together with the appurtenances and all the estate and rights of the first part of, in and to said premises under

of the part

and by virtue of the aforesaid indenture of lease.

To have and hold the said indenture of lease and renewal, and the above granted premises, unto the said part of the second part, his heirs and assigns, for and during all the rest, residue and remainder of the said term of years yet to come and unexpired, in said indenture of lease and in the renewals therein provided for; subject, nevertheless, to the rents, covenants, conditions and provisions in the said indenture of lease mentioned.

Provided always that if the said part of the first part shall pay unto the said part of the second part, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents and the estate hereby granted, shall cease, determine and be void.

And the said part of the first part covenant with the said part of the second part as follows:

First. That the part of the first part will pay the indebtedness as herein before provided.

And if default shall be made in the payment of any part thereof the said part of the second part shall have power to sell the premises therein described according to law.

Second. That the said premises now are free and clear of all incumbrances whatsoever, and that ha good

right and lawful authority to convey the same in manner and form hereby conveyed.

Third. That the part of the first part will keep the build

ings on the said premises insured against loss by fire, for the

benefit of the mortgagee.

Fourth. That the part

of the first part will pay the rents

and other charges mentioned in and made payable by said indenture of lease within days after said rent or charges

are payable.

Fifth. And it is hereby expressly agreed that the whole of the said principal sum shall become due at the option of the said mortgagee or obligee after default in the payment of any instalment of principal, or after default in the payment of interest for days, or after default in the payment of any rent or other charge made payable by said indenture of lease for days, or after payment of any tax or assessment for

SECTION 240. Definitions; effect of article.

241. Recording of conveyances.

242. By whom conveyance must be acknowledged or proved.

243. Recording of conveyances heretofore acknowledged or proved. 244. Recording executory contracts and powers of attorney.

245. Recording of letters patent.

246. Recording copies of instruments which are in secretary of state's office.

247. Certified copies may be recorded.

248. Acknowledgments and proofs within the state.

249. Acknowledgments and proofs in other states.

250. Acknowledgments and proofs in foreign countries.

251. Acknowledgments and proofs by married women.
252. Requisites of acknowledgments.

253. Proof by subscribing witness.

254. Compelling witnesses to testify.

255. Certificate of acknowledgment or proof.
256. When certificate to state time and place.

257. When certificate must be under seal.

SECTION 258. Acknowledgment by corporation and form of certificate. 259. When county clerk's authentication necessary.

260. When other authentication necessary.

261. Contents of certificate of authentication.

262. Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead.

263. Proof where witnesses are dead.

264. Recording books.

265. Indexes.

266. Order of recording.

267. Certificate to be recorded.

268. Time of recording.

269. Certain deeds deemed mortgages.

270. Recording discharge of mortgage.

271. Effect of recording assignment of mortgage.

272. Recording of conveyances made by treasurer of Connecticut. 273. Revocation to be recorded.

274. Penalty for using long forms of covenants.

275. Certain acts not affected.

276. Actions to have certain instruments cancelled of record.
277. Officers guilty of malfeasance liable for damages.

240. Definitions; effect of article. The term "real property" as used in this article, includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. The term "purchaser," includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. The term "conveyance," includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, and although the power be one of revocation only; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. The term "recording officer," means the county clerk of the county, except in the counties of New York, Kings or Westchester, where it means the register of the county. This article does not apply to leases for life or lives, or for years, heretofore made, of lands in either of the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.

§ 241. Recording of conveyances.-A conveyance of real prop