-that on de

fault by mort

gagor, mort

gagee may insure.

to be paid, and will, on demand, produce to the said C. D., his executors, administrators, and assigns, the policy or policies of such insurance, and the receipt for every such payment; AND ALSO, that, if default shall be made in keeping the said premises so insured, it shall be lawful for the said C. D., his executors, administrators, and assigns, out of his or their own monies, to insure, and keep insured, the said premises in the sum of £ and that the said A. B., his executors, administrators, or assigns, will repay to the said C. D., his executors, administrators, or assigns, all sums of money expended for that purpose by him or them, with interest thereon at the rate aforesaid, from the time of the same respectively having been advanced or paid, and that, until such repayment, the same shall be a charge upon the said premises hereinbefore expressed to be hereby demised. AND IT IS HEREBY DECLARED, that,

Power of sale. if default shall be made in payment of the said or the interest thereon, or any

sum of £

part thereof respectively, on the said

day of

next, it shall be lawful for the said C. D., his executors, administrators, or assigns, at any time or times thereafter, without any further consent on the part of the said A. B., his executors, administrators, or assigns, to sell the said premises or any part thereof, either together or in parcels, and either by public auction or private contract, with full power to buy in or rescind any contract for sale, and to resell without being responsible

for any loss which may be occasioned thereby; AND to do and execute all such acts and assurances for effectuating any such sale as the said C. D., his executors, administrators, or assigns, shall think fit; AND THAT, after any such sale, After a sale, the said A. B., his executors, administrators, and hold the reassigns, shall stand possessed of the said last days left in the said A. B. of the said term of

mortgagor to

version in

-trust for purchaser.

be exercised

events shall

years in the premises sold upon trust for the purchaser or purchasers thereof: PROVIDED Power not to ALSO, and it is hereby declared, that the said till certain C. D., his executors, administrators, or assigns, happen. shall not execute the power of sale hereinbefore contained until he or they shall have previously given or left on the said premises a notice in writing to the said A. B., his executors or administrators, to pay off the monies for the time being owing on the security of these presents, and default shall have been made in such payment for six calendar months after giving or leaving such notice, or until some half-yearly payment of interest, or a part of some such half-yearly payment, shall have become in arrear for three calendar months (a): PROVIDED ALSO, that, upon any Purchasers sale purporting to be made in pursuance of the bound to see aforesaid power, no purchaser shall be bound to events have inquire whether either of the cases mentioned in the clause lastly hereinbefore contained has happened, nor whether any money remains upon the

(a) See supra, p. 140, n, (a).

not to be

that such

happened.

receipts to be

discharges to

purchasers.

security of these presents, nor as to the propriety or regularity of such sale; and notwithstanding any impropriety or irregularity whatsoever in any such sale, the same shall, as regards the purchaser or purchasers, be deemed to be within the aforeMortgagee's said power, and be valid accordingly. AND IT IS HEREBY DECLARED, that the receipts of the said C. D., his executors, administrators, or assigns, for the purchase-monies of the premises sold, or any part thereof, shall effectually discharge the purchaser or purchasers therefrom, and from being concerned to see to the application thereof, or being accountable for the non-application or mis-application thereof. AND IT IS HEREBY DECLARED, that the said C. D., his executors, administrators, and assigns, shall hold the monies to arise from any sale, in pursuance of the aforesaid power, UPON TRUST, in the first place, thereout to pay all the expenses incurred on such sale, or otherwise in relation to the premises; And, in the next place, to apply such monies in or towards satisfaction of the monies for the time being owing on the security of these presents; And then to pay the surplus (if any) of the monies to arise from such sale to the said A. B., his executors, admi

Trusts of the purchasemoney.

Mortgagee's nistrators, or assigns: PROVIDED ALWAYS, that indemnity

clause.

the said C. D., his executors, administrators, or assigns, shall not be answerable for any involuntary losses which may happen in the exercise of the aforesaid power and trusts, or any of them. IN WITNESS &c.

XX.

MORTGAGE of FREEHOLDS and COPYHOLDS.

THIS INDENTURE, made &c., BETWEEN A. B., Parties. of &c. [mortgagor], of the one part, and C. D., of &c. [mortgagee], of the other part, WITNESSETH, Witnesseth. that, in consideration of the sum of £- this Covenant to

pay principal

day paid to the said A. B. by the said C. D., &c., and interest. [receipt and covenant for re-payment of mortgagemoney with interest, supra, p. 136]. AND THIS Witnesseth. INDENTURE ALSO WITNESSETH, that, for the con- Conveyance sideration aforesaid, he the said A. B. doth hereby grant unto the said C. D., his heirs and assigns, [freehold parcels, general words, supra, p. 125.]

of freeholds.

redemption.

TO HOLD the said premises UNTO the said C. D., Habendum.
his heirs and assigns, TO THE USE of the said
C. D., his heirs and assigns: PROVIDED ALWAYS, Proviso for
that, if the said A. B., his heirs, executors, ad-
ministrators, or assigns, shall pay unto the said
C. D., his executors, administrators, or assigns,
the said sum of £ [the principal sum], to-

gether with interest for the same in the meantime
at the rate of £
per cent. per annum, on the
next, without any deduc-

said

day of

tion or abatement whatsoever, then the said C. D., his heirs or assigns, will, at any time thereafter, upon the request and at the cost of the said A. B.,

Witnesseth.

Covenant to surrender copyholds,

his heirs, executors, administrators, or assigns, reconvey the said premises unto the said A. B., his heirs or assigns, or as he or they shall direct, free from incumbrances by the said C. D., his heirs, executors, administrators, or assigns. AND THIS INDENTURE ALSO WITNESSETH, that, for the consideration aforesaid, he the said A. B. doth hereby for himself, his heirs, executors, and administrator, covenant with the said C. D. his executors and administrators, that he the said A. B., or his heirs, and all other necessary parties, (if any), will, at or before the next court for the manor of in the county of, well and effectually surrender into the hands of the lord of the same manor, according to the custom thereof [parcels, general words, to the use of supra, p. 126], тO THE USE of the said C. D., his heirs and assigns, according to the custom of the said manor, by and under the accustomed rents, fines, heriots, suits, and services, and SUBJECT to a condition for making void the said surrender, corresponding with the proviso for redemption hereinbefore contained [covenant for payment of inCovenants for terest, supra, p. 138]. AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said C. D., his heirs and assigns, that the said A. B. now hath power to grant the said premises hereinbefore expressed to be hereby granted, and to surrender the said premises hereinbefore covenanted to be surrendered to the use of the said C. D., his heirs and assigns, in manner aforesaid, free from incum

the mort

gagee;

subject to a condition for making void the surrender.

right to con

vey free

from incumbrances;