This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
as surety, are held and firmly bound unto C. D. in the sum of --------- dollars
($--------), for which payment well and truly to be made we bind ourselves firmly by these presents.
Dated this --------- day of ---------, 19-.
The condition of this obligation is such, that, whereas the said A. B. has agreed to sell and convey unto C. D. by good and sufficient deed free and clear from all incumbrances whatsoever, the following described property, to-wit:
--------- [description of property]; and whereas a mortgage dated ---------, and recorded in volume -----of mortgages, page---------, in the office of the recorder of---------county,---------, given by ---------to--------- to secure the sum of --------dollars, has never been satisfied of record, although it is claimed that the same has been paid and satisfied in full; the said --------- [name of mortgagee] having since died, being at the time of his death a resident of the State of
---------, and there being no person who can now execute a proper satisfaction of said mortgage; and whereas the said C. D. has refused to consummate said transaction or to pay the purchase money for said premises unless he be protected by a proper bond against said mortgage.
Now if the said A. B. shall at all times hereafter indemnify and save harmless the above-described premises against and from said mortgage and from all actions, suits, charges, costs, expenses and attorney fees by reason thereof then this obligation shall be void; otherwise to be and remain in full force and effect.
In witness whereof, etc.
See references under Sec. 3817.