the hereditaments and premises comprised in the within- XLV. MORTGAGE of COPYHOLDS. THIS INDENTURE made the day of Between A. of &c. (mortgagor) of the one part and M. of &c. (mortgagee) of the other part, WHEREAS &c. (recite A.'s title to copyholds), AND WHEREAS &c. (recite agreement for loan, see p. 81), NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £- now paid by the of said M. to the said A., The receipt whereof the said A. doth hereby acknowledge, He the said A. doth hereby covenant with the said M. that he the said A. or his heirs and all other necessary parties if any will forthwith at his and their own costs and charges surrender or cause to be surrendered into the hands of the Lord of the Manor according to the custom of the said Manor ALL &c. (parcels), TO THE USE of the said M. his heirs and assigns, To be holden at the will of the lord according to the custom of the said Manor by and under the rents fines suits and services therefor due and of right accustomed, SUBJECT nevertheless to a proviso for making void Proviso the said surrender on payment by the said A. his heirs demption. executors administrators or assigns to the said M. or the persons claiming under him of the said sum of £with interest for the same at the rate of £5 per cent. per annum from the date of these presents: AND that in the for re meantime and until such surrender shall have been made the said A. and his heirs will stand seised or possessed of the said hereditaments and premises hereby covenanted to be surrendered In trust for the said M. and the persons claiming under him subject to redemption as aforesaid. (Covenant by A. for payment of principal and interest, power of sale &c. as in Precedent XLI., using the words "surrender" and "covenanted to be surrendered," instead Right to of the words "grant" and "granted" respectively). AND (e) the said A. doth hereby covenant with said M. that he the said A. now hath in himself good right to surrender the hereditaments and premises hereby covenanted to be surrendered to the use of the said M. his heirs and assigns in manner aforesaid: AND also that if default shall be made in payment of the said principal sum of £or any surrender. Quiet enjoyment after default. Free from incum brances. Further assurance. part thereof or of any interest contrary to the aforesaid agreement for payment of the same then and in such case it shall be lawful for the said M. or the persons claiming under him at any time or times thereafter into and upon the said hereditaments and premises or any part thereof to enter and the same thenceforth peaceably and quietly to hold and enjoy and to receive the rents and profits thereof without any lawful eviction claim or demand by any person or persons whomsoever: AND free from all incumbrances: AND that the said A. and his heirs and all other persons having or lawfully claiming any estate right title or interest in the said hereditaments and premises or any part thereof will at all times hereafter at his and their own costs do and execute or cause to be done and executed all such deeds things and assurances for further and better assuring the said hereditaments and premises to the use of the said M. his heirs and assigns in manner aforesaid as may be reasonably required. IN WITNESS &C. (e) As to the insertion of these covenants see note to Conveyancing Act, 1881, s. 7, subs. 5, p. 258. XLVI. CONDITIONAL SURRENDER of COPYHOLDS pursuant to the Covenant in the preceding Precedent. A. of &c. came before S. of &c. the Steward of the said Manor and in consideration of the sum of £ to him the said A. paid by M. of &c., The receipt whereof the said A. doth hereby acknowledge, did out of Court surrender into the hands of the Lord of the Manor by the hands and acceptance of the said S. according to the custom of the said Manor ALL &c. (parcels), To which hereditaments and premises the said A. was at a Court held for the said Manor on the day of admitted tenant, To THE USE of the said M. his heirs and assigns, at the will of the lord according to the custom of the said manor at and under the rents fines suits and services therefor due and of right accustomed, SUBJECT nevertheless to this condition that if the said A. his heirs executors administrators or assigns shall on the pay to the said M. or the persons claiming under him the sum of £with interest for the same in the meantime at the rate of £5 per cent. per annum then and in such case this surrender shall be void and of no effect otherwise the same shall remain in full force and virtue. day of This surrender was taken and accepted the day and year first above written by me. S. Steward of the said Manor. XLVII. WARRANT to enter up SATISFACTION on a Conditional Surrender (g). The Manor of I M. of &c. (mortgagee) do S hereby acknowledge that I in the County of have received from A. of &c. the sum of £- - in satisfaction of all principal money and interest owing to me on the security of a conditional surrender dated &c. and made to me by the said A. of certain copyhold hereditaments therein described held of the said manor: And I hereby authorise and direct the steward of the said manor to enter satisfaction thereof on the rolls of the said manor and for so doing this shall be his sufficient warrant and authority. Between A. of &c. (mortgagor) of the one part and M. of (9) On a mortgage of copyholds it is usual for the mortgagee not to be admitted, in order to avoid payment of the fines. A warrant to enter up satisfaction is then the proper mode of discharging the security. (7) A mortgage of leaseholds is usually made by demise and not by assignment, in order that the mortgagee may not become directly liable to the lessor under the covenants contained in the lease for payment of rent &c. &c. (mortgagee) of the other part, WHEREAS &c. (recite A.'s title to the leaseholds, see p. 16), AND WHEREAS &c. (recite agreement for loan, see p. 81), NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £ leaseholds now paid by the said M. to the said A., The receipt whereof the said A. doth hereby acknowledge, He the said A. as Demise of beneficial owner doth hereby demise unto the said M. his executors administrators and assigns ALL AND SINGULAR the messuage or dwelling-house and premises comprised in and demised by the hereinbefore recited Indenture of Lease of the day of TO HAVE AND TO HOLD the messuage and premises hereby demised UNTO the said M. his executors administrators and assigns for all the residue of the said term of years except the last three days thereof. PROVIDED ALWAYS that if the said A. his exe- Proviso cutors administrators or assigns shall on the day of for re demption. (six months from the date of the mortgage) pay to the said M. his executors administrators or assigns the sum of £ with interest for the same at the rate of £5 per cent. per annum from the date of these presents then the said M. his executors administrators or assigns shall at any time thereafter upon the request and at the cost of the said A. his executors administrators or assigns surrender the said messuage and premises hereby mortgaged unto the said A. his executors administrators and assigns or as he or they shall direct. (Covenant by A. for payment of principal and interest, see p. 82): AND ALSO that he Covenant the said A. his executors administrators or assigns will at all times during the continuance of this security keep the said messuage and buildings on the said premises insured against loss or damage by fire in the sum of £ - at the least in the joint names of him or them and of the said M. his executors administrators or assigns in the Insurance Office or some other office or offices to be approved by the said M. his executors administrators or assigns, And will duly pay all premiums and sums of money payable in respect of such insurance to insure. |