This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
Where a surrender of lease is required to be in writing, it must be by deed, and may be conveniently written on the back of the lease intended to be surrendered. No particular form of words is necessary, if the intention can be gathered that the lessee intends to surrender and yield up to the lessor the lease in question for the unexpired portion of the term. A covenant may be added that the lessee has, in himself, good right, full power, and lawful and absolute authority to surrender and yield up the premises to the lessor.
MORTGAGE. - Mortgage of Land.
This Indenture, made (in duplicate) the...day of.....,
A. D. 18./in pursuance of the Act Respecting Short Forms of Mortgages, between.......................
do. grant and mortgage unto the said mortgagee.,.....heirs and assigns forever:
All and singular, th. certain parcel or tract of land and premises
The said mortgager. covenant. with the said mortgagee. that the mortgagor will pay the mortgage-money and interest, and observe the above proviso;
That the mortgagor. ha. a good title in fee simple to the said lands; and that . .he. ha. the right to convey the said lands to the said mortgagee., and that on default the mortgagee. shall have quiet possession of the said lands, free from all encumbrances. And that the said mortgagor. will execute such further assurance of the said lands as may be requisite.
And also, that the said mortgagor. will produce the title-deeds enumerated hereunder, and allow copies to be made at the expense of the mortgagee.
And that the said mortgagor. ha. done no act to encumber the said lands; and that the said mortgagor. will insure the building on the said lands to the amount of not less than....currency; and the said mortgagor. do. release to the said mortgagee. all....
claims upon the said lands, subject to the said proviso:
Provided that the said mortgagee., on default of payment for .. month, may....enter on, and lease or sell the said lands:
Provided that the mortgagee. may distrain for arrears of interest: provided that in default of the payment of the interest hereby secured, the principal hereby secured shall become payable; provided that until default of payment the mortgagor. shall have quiet possession of the said lands.
And the said A. B., wife of the said mortgagor, hereby bars her dower in the said lands.