surrender direct, and surrender the said premises hereinbefore expressed to be demised unto the said A. B., his executors, administrators, and assigns, free from incumbrances by the said C. D., his heirs, executors, administrators, or assigns. AND THIS IN- Witnesseth. DENTURE ALSO WITNESSETH, that, in further Covenant to pursuance of the said agreement, and for the con- copyholds. sideration aforesaid, he the said A. B. doth hereby for himself, his heirs, executors, and administrators, 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, supra, pp. 126 and 96], TO THE USE to the use of 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 subject to a said surrender, corresponding with the proviso for for making redemption hereinbefore contained. [Covenant for surrender. payment of interest, supra, p.138]. AND THE SAID Covenants by A. B. doth hereby for himself, his heirs, executors, that rents and and administrators, covenant with the said C. D., his have been heirs, executors, administrators, and assigns, re- formed; spectively, that the rents, covenants, and conditions in the herein before-recited lease reserved and contained and by the lessee, his executors, administrators, or assigns, to be paid, observed, or performed, I mortgagee; condition void the mortgagor covenants paid and per -for right to convey; assurance; have been paid, observed, and performed, up to the date of these presents; AND THAT he the said A. B. now hath full 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, free from incumbrances; and to demise the said premises hereinbefore expressed to be demised unto the said C. D., his executors, administrators, and assigns, for the term and in manner aforesaid free from in-for further cumbrances; AND THAT he the said A. B., his heirs, executors, and administrators, and all other persons lawfully or equitably claiming any estate or interest in the premises, will, at all times, at the request of the said C. D., his heirs, executors, administrators, or assigns, do and execute all such acts and assurances for further or better assuring all or any of the said premises hereinbefore expressed to be granted, and hereinbefore covenanted to be surrendered, respectively, to the use of the said C. D., his heirs and assigns, and all or any of the said premises hereinbefore expressed to be demised unto the said C. D., his executors, administrators, and assigns, for the then residue of the said term of years hereby expressed to be granted, as by the said C. D., his heirs, executors, administrators, or assigns, shall be reasonably required; AND THAT he the said A. B., security, rents his heirs, executors, administrators, or assigns, and that, during the and cove nants shall will, so long as any principal monies or interest performed. shall remain on these presents, pay, observe, and be paid and perform, all the rents, covenants, and conditions, in the said lease reserved and contained, and by the lessee, his executors, administrators, and assigns, to be paid, observed, or performed; and will at all times keep the said C. D., his executors, administrators, and assigns, indemnified against all actions, suits, expenses, and claims, on account of the non-payment of the said rents, or any of them, or any part thereof, respectively, or the breach, or non-observance, or non-performance of the said covenants and conditions, or any of them: PRO- Proviso for quiet enjoyVIDED NEVERTHELESS, that it shall be lawful for ment till the said A. B., his heirs, executors, administrators, and assigns, respectively, to hold all the said premises, until default shall be made in payment of the said sum of £ or the interest thereon, as aforesaid, or some part thereof, respectively, contrary to the aforesaid proviso for payment of the same, without any interruption by the said C. D., or any person lawfully or equitably claiming through him (a) [Power of sale, supra, pp. 164-166]. THE SCHEDULE to which the above-written INDENTURE refers. Part I. Part II. (a) See supra, p. 139, n. (a). default. Parties. XXIII. MORTGAGE of a POLICY of ASSURANCE for securing a SUM ALREADY DUE, and FUTURE ADVANCES. THIS INDENTURE, made &c., BETWEEN A. B., of &c. [mortgagor], of the one part, and C. D., Recital of of &c. [mortgagee], of the other part. WHEREAS being entitled the said A. B. is entitled to a policy of assurance mortgagor's to a policy of assurance; on his own life, granted by the Society, dated the for the sum of £ -of his being nual premium of £ indebted to mortgagee. Witnesseth. Covenant to pay principal and interest. Assurance day of and under the an AND WHEREAS the said A. B. is indebted to the said C. D. in the and may sum of £ NESSETH, that, in consideration of the premises, of of day of policy. whatsoever, and will also, upon demand, pay to him or them such other monies (if any) as may be advanced by him or them, to, or on account of, or may become due to him or them by the said A. B., his executors or administrators, with interest thereon, at the rate aforesaid, from the time or times of the same respectively being advanced or becoming due, without any deduction or abatement whatsoever. AND THIS INDENTURE ALSO WIT- Witnesseth. NESSETH, that in consideration of the premises, the said A. B. doth hereby assign unto the said C. Assignment D., his executors, administrators, and assigns, ALL THAT the said policy of assurance herein before described, and all monies assured or to become payable by virtue thereof, and the full benefit thereof, AND all the estate and interest of the said A. B. in the said premises and every part thereof, To Power of atGETHER WITH power for the said C. D., his executors, administrators, and assigns, to sue and give receipts for the said monies, or any part thereof, in the name or names of the said A. B., his executors or administrators, TO HOLD the said pre- Habendum. mises unto the said C. D., his executors, administrators, and assigns: PROVIDED ALWAYS, that, Proviso for if the said A. B., his executors, administrators, or assigns, shall pay to the said C. D., his executors, administrators, or assigns, the said sum of £ [the sum already owing], with interest for the same in the meantime, at the rate of £ per cent. per annum, on the said day of next, without any deduction or abatement what torney. redemption. |