mortgagor, ther assur ance. POLICY OF assigns, as well of the sums and sum which shall be so paid ASSURANCE. by him or them as aforesaid, and the interest thereof to be computed as aforesaid, as of the said sum of £ hereinCovenant by before secured and the interest thereof. AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his executors, adminisfor right to trators and assigns, that he the said A. B. now hath in himself assign policy, good right and absolute authority to assign the said policy of assurance monies and premises hereby assigned or expressed, and intended so to be unto the said C. D., his executors, administrators and assigns, free from incumbrances (except as aforesaid), in manner aforesaid according to the true intent and and for fur- meaning of these presents. AND MOREOVER, that he the said A. B., his executors, administrators and all and every other persons and person having, or lawfully or equitably claiming, or who shall or may lawfully or equitably claim, any estate, right, title or interest in, to, or out of the said premises hereby assigned, or expressed and intended so to be, or any of them, or any part or parts thereof, shall and will from time to time and at all times hereafter, upon the request of the said C. D., his executors, administrators or assigns, but at the costs of the said A. B., his heirs, executors administrators or assigns, until the same shall be sold under the power of sale hereinafter mentioned, and after the same shall be so sold, of the person or persons requiring the same, make, do and execute, or cause to be made, done and executed, all such further and other lawful and reasonable acts, deeds, matters, things, devices, assignments and assurances in the law whatsoever, for the further, better and more perfectly and absolutely assigning, or otherwise assuring the said premises hereby assigned, or intended so to be (subject nevertheless, and without prejudice as aforesaid), unto the said C. D., his executors, administrators and assigns, as by him or them, or his or their counsel in the law shall be reasonably devised, advised and required. AND IT IS HEREBY FURTHER AGREED AND DECLARED, that if default shall be made in payment of the said sum of £- -or the interest thereof, or any part thereof, contrary to the aforesaid proviso or agreement for payment thereof respectively, or in payment of the premium or premiums payable upon or in Power of sale in case of default. ASSURANCE. respect of the said policy hereby assigned pursuant to the POLICY OF covenants and power in that behalf hereinbefore contained, then and in such case it shall be lawful for the said C. D., his executors, administrators or assigns, at any time or times thereafter, without the necessity of any further consent or concurrence by or on the part of the said A. B., his executors, administrators or assigns, absolutely to sell and dispose of the said policy, monies and premises hereby assigned, or otherwise assured, or expressed and intended so to be, or any part or parts thereof, either subject to or discharged from the said recited indenture of the day of and the principal monies and interest for the time being due and owing on the security of the said indenture, as he or they the said C. D., his executors, administrators or assigns, shall think proper, and either together or in lots, and either by public auction or private contract, and either with or without special conditions and stipulations relative to title or otherwise, at his or their discretion, to any person or persons whomsoever, with full power to buy in the same or any of them, at any such public auction or auctions, or to rescind the contract or contracts for the sale thereof, and to resell the same from time to time without being answerable for any loss or diminution in price: AND FOR the purpose of effectuating such sale or sales, to do, enter into and execute all such other contracts and assurances as the said C. D., his executors, administrators or assigns, shall think proper. AND IT IS HEREBY AGREED AND DECLARED, that the Receipts of receipt or receipts in writing of the said C. D., his executors, be sufficient administrators or assigns, as well for any money assured by, or to become payable in respect of the said policy of assurance hereby assigned, as also for all money to arise from any such sale or disposition or otherwise payable to him or them, under or by virtue of these presents, shall effectually discharge and relieve the person or persons to whom the same shall be given, and all persons claiming under him, her or them, from being answerable or accountable for the misapplication or non-application, or from being in anywise bound to see to the application of the money therein respectively mentioned to be received, and that the purchaser or purchasers of the said premises or any part thereof, at any such sale or mortgagee to discharges. POLICY OF sales as aforesaid, shall not be obliged to inquire whether such ASSURANCE. default has been made as aforesaid, or otherwise as to the of trust as to monies arising from sale. : necessity or propriety of any sale or disposition which may be made by virtue of these presents, and shall not be affected by express or implied notice that no such default has been made as aforesaid, or that such sale or disposition was unneDeclaration cessary and improper. AND IT IS HEREBY DECLARED, that the said C. D., his executors, administrators and assigns, shall hold the monies which shall arise from any such sale or sales as aforesaid in the first place to pay, retain and satisfy unto himself or themselves the costs and expenses attending such sale or sales, and all other expenses to be incurred in the execution of the said power of sale or relating thereto, or other the trusts or powers hereinbefore contained, and in the next place to retain, pay and satisfy unto the said C. D., his executors, administrators or assigns, all and singular the monies which shall then be due and owing on the security of these presents; and then upon trust to pay the surplus (if any) of the said monies so to arise as aforesaid unto the said A. B., his executors, administrators or assigns, or as he or they Provision in shall direct: PROVIDED ALWAYS AND IT IS HEREBY DECLARED, that in case, at the time of such sale or disposition as aforesaid, charged from any principal monies or interest shall be due and owing on the security of the said recited indenture of the day of and under such power of sale or disposition, the said policy and premises shall be sold discharged from the same principal monies and interest respectively, then and in such case the monies arising from such sale or disposition as aforesaid, which shall remain after payment of such costs and expenses as aforesaid, shall be applied in the first place in or towards payment and discharge of all such principal monies and interest respectively, anything hereinbefore contained to the contrary in anywise notwithstanding. [Power of sale not to deprive mortgagee of right to foreclose, supra, p. 203]. PROVIDED NEVERTHELESS, that the total amount of the principal money secured or to be ultimately recoverable, under or by virtue of these Amount of presents, shall not exceed the sum of £. PROVIDED money to be ALWAYS that the said C. D., his executors, administrators or recoverable. assigns, shall not incur any responsibility to the said A. B., his case policy should be sold dis prior mort gage. principal ASSURANCE. not to be executors or administrators, by reason of the neglect or delay POLICY OF of the said C. D., his executors, administrators or assigns, or any of them, to call for or enforce payment of the monies Mortgagee which shall become payable by virtue of the policy of as- obliged to surance hereinbefore assigned or any part thereof, any rule of ment of law or equity to the contrary notwithstanding. IN WITNESS, monies. &c. enforce pay assurance No. XLV. OF LEASE A POLICY MORTGAGE of LEASEHOLDS and of a POLICY of THIS INDENTURE, made the day of TO TWO BETWEEN Parties. A. B., of &c., [mortgagor], of the one part, and C. D., of &c., and E. F., of &c., [mortgagees], of the other part: WHEREAS by an indenture of lease, bearing date the Recite lease. day of and made, or expressed to be made, between G. H. of the one part, and the said A. B. of the other part, for the considerations therein mentioned, ALL, &c. [parcels, as contained in the lease], and their respective appurtenances, were demised by the said G. H. unto the said A. B., his executors, administrators and assigns, from the day of then last past, for the term of years, at the yearly rent of £ and under and subject to the covenants, conditions and agreements in the said indenture of lease contained: AND WHEREAS by a policy of assurance, bearing date the day of —, and numbered —, the said A. B. effected an assurance on his life, in his own name, in the Assurance Office, in the sum of £—, at or under the annual premium of £—: AND WHEREAS the said A. B., having occasion for Agreement the sum of £, hath requested the said C. D. and E. F. to Policy of assurance. for mortgage. OF LEASE A POLICY TO TWO advance and lend him the same, which they the said C. D. and HOLDS AND E. F. have consented and agreed to do, on having the repayment thereof, and the interest thereof at the rate hereinafter PERSONS. mentioned, secured in manner hereinafter mentioned: NOW First witnes- THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement, and in consideration of sing part. Considera tion. Underlease of leaseholds. To hold to mortgagees. Second witnessing part. the sum of £- to the said A. B. paid by the said C. D. and E. F., on or immediately before the execution of these presents, the receipt whereof he the said A. B. doth hereby admit and acknowledge, and of and from the same and every part thereof doth acquit, release and discharge the said C. D. and E. F., and each of them, and their and each of their heirs, executors, administrators and assigns for ever by these presents, he the said A. B. by these presents doth demise and lease unto the said C. D. and E. F., their executors, administrators and assigns, ALL AND SINGULAR the messuage or tenement, piece or parcel of land, hereditaments and premises comprised in and demised by the said recited indenture of lease, and the rights, easements and appurtenances to the said hereditaments and premises respectively belonging: TO HAVE AND TO HOLD the said messuage or tenement, piece or parcel of land, hereditaments and premises hereinbefore demised, or expressed and intended so to be, unto the said C. D. and E. F., their executors, administrators and assigns, for all the residue and remainder now to come of the said term of years (except the last ten days of the said term) subject to the proviso for redemption hereinafter contained: AND THIS INDENTURE ALSO WITNESSETH, that in further pursuance of the aforesaid agreement, and for the considerations aforesaid, he the said A. B. by these presents doth assign and set over unto the said C. D. and E. F., their executors, Assignment administrators and assigns, ALL THAT the said hereinbefore monies recited policy of assurance, and the said sum of £— thereby assured, and all other monies, bonuses, benefits and advantages to be had, recovered, or obtained under or by virtue of the said policy, AND ALL THE ESTATE, right, title, interest, property, claim and demand whatsoever, both at law and in equity, of him the said A. B., of, in, to, out of, or upon the said policy, monies and premises hereinbefore assigned, and every of them, of policy and |