Form I. Specimen Form Of A Mortgage Of Freeholds (A)

this Indenture made the 14th day of December 1907 Between ARCHIBALD FITZGERALD of St. James Street in the County of London (hereinafter called "the Borrower" which expression shall where the context so admits include his personal representatives and assigns) of the one part and LOUIS MOSES of the City of London gentleman (hereinafter called "the Mortgagee" which expression shall where the context so admits include his personal representatives and assigns) of the other part. Whereas the Borrower is seised in fee simple of the hereditaments hereinafter mentioned free from incumbrances And Whereas the Mortgagee has agreed to lend to the Borrower the sum of 500 upon having the repayment thereof with interest at the rate hereinafter mentioned secured in manner hereinafter appearing, Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of the sum of 500 now paid to the Borrower by the Mortgagee (the receipt whereof is hereby acknowledged) the Borrower hereby

(a) This is the form which the mortgage referred to on p. 224 might take.

covenants with the Mortgagee to pay to him on the 14th clay of June next the sum of 500 with interest thereon in the meantime at the rate of 5 per cent. per annum from the date of these presents And Further if the said money shall not be so paid to pay to the mortgagee interest at the rate aforesaid by equal half-yearly payments on the 14th day of June and the 14th day of December in every year on the principal moneys for the time being remaining due on this security. and this Indenture also Witnesseth that in further pursuance of the said agreement and for the consideration aforesaid the Borrower as beneficial owner hereby grants unto the Mortgagee All that Freehold house known as Woodside situated (etc. . . .) To hold the same premises Unto and to the use of the Mortgagee in fee simple subject to the proviso for redemption hereinafter contained. Provided always that if the Borrower shall on the said 14th day of June next pay to the Mortgagee the sum of 500 with interest thereon at the rate aforesaid the Mortgagee will thereupon on demand re-convey to the use of the Borrower in fee simple the hereditaments and premises hereinbefore mortgaged. In Witness whereof the parties hereto have hereunto set their names and seals the day and year first above written.

(Executed in the same way as on p. 283, but not usually by the mortgagee).

Note. - This form would usually contain covenants to insure and other covenants (b), but as these are not absolutely necessary and as this form is not intended as a precedent, they are omitted for brevity.

(b) See "Encyclopaedia of Forms," vol. viii. p. 521.

Form II. Mortgage Of Copyholds To Two Mortgagees

this Indenture made the 14th day of December 1907 Between ARCHIBALD FITZGERALD of St. James Street in the County of London (hereinafter called "the Borrower") of the one part and LOUIS MOSES of and JOHN GRAHAM of gentleman (hereinafter called "the Mortgagees") of the other part. Whereas the Borrower was on the 4th day of December 1900 admitted tenant on the court rolls of the manor of Ewhurst in the county of Surrey of the hereditaments hereinafter mentioned to hold at the will of the lord according to the custom of the said manor And Whereas the Mortgagees have agreed to lend to the Borrower the sum of 500 out of moneys belonging to them upon a joint account upon having the repayment thereof with interest at the rate hereinafter mentioned secured in manner hereinafter appearing Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of the sum of 500 now paid to the Borrower by the Mortgagees (the receipt whereof is hereby acknowledged) the Borrower hereby covenants with the Mortgagees to pay to them on the 14th day of June next the sum of 500 with interest thereon in the meantime at the rate of 4 per cent, per annum from the date of these presents. And if the said sum shall not be paid on that day then so long as any part thereof shall remain owing to pay to them interest at the rate aforesaid by equal half-yearly payments on the 14th day of June and the 14th day of December. and this Indenture also Witnesseth that in further pursuance of the said agreement and for the consideration aforesaid the Borrower as beneficial owner hereby covenants with the Mortgagees that the Borrower or his heirs and all other necessary parties if any will at his or their own cost surrender into the hands of the lord of the said manor according to the custom thereof All that messuage and hereditament known as Barkhurst containing 59 acres 3 roods or thereabouts To the use of the Mortgagees their heirs and assigns at the will of the lord according to the custom of the said manor But subject to a condition for the avoidance of such surrender if the Borrower his heirs executors administrators or assigns shall on the said 14th day of June next pay to the Mortgagees their executors administrators or assigns the said sum of 500 with interest for the same in the meantime at the rate aforesaid. Provided always and it is hereby declared that the Borrower his heirs and assigns shall until such surrender or payment as aforesaid stand seised of the said hereditaments hereinbefore covenanted to be surrendered in trust for the Mortgagees their heirs and assigns and The Borrower hereby irrevocably appoints the Mortgagees their executors administrators and assigns his attorney and attorneys for the purpose of effecting in his name and by all necessary means such surrender as aforesaid.

In Witness, etc., as in the last form.

Note. - For further covenants and provisoes which may be added, see "Encyclopaedia of Forms," vol. viii. pp. 610-612.

Form III. Form Of A Mortgage Of Leaseholds

this Indenture made the 14th day of December 1907 Between ARCHIBALD FITZGERALD of St. James Street in the County of London (hereinafter called "the Borrower") which expression where the context so admits shall include his personal representatives and assigns of the one part and LOUIS MOSES of gentleman (hereinafter called "the Mortgagee") which expression where the context so admits shall include his personal representatives and assigns of the other part. Whereas by an Indenture of Lease dated the 4th day of December 1900 and made between Margaret Redaway of the one part and the Borrower of the other part the said Margaret Redaway demised to the Borrower the hereditaments described in the schedule hereto from the 24th day of June 1890 for the term of sixty years at the yearly rent of 50 and subject to the performance and observance of the Lessee's covenants and conditions therein contained And Whereas the Mortgagee has agreed to lend to the Borrower the sum of 500 upon having the repayment thereof with interest at the rate hereinafter mentioned secured in manner hereinafter appearing Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of the sum of 500 now paid to the Borrower by the Mortgagee (the receipt whereof is hereby acknowledged) the Borrower hereby covenants with the Mortgagee to pay to him on the 14th day of June next the sum of 500 with interest thereon in the meantime at the rate of 5 per cent, per annum from the date hereof And if the said money shall not be paid on that day then so long as any part thereof shall remain owing to pay to him interest at the rate aforesaid by equal half-yearly payments on the 14th day of June and the 14th day of December in every year. and this Indenture also Witnesseth that in further pursuance of the said agreement and for the consideration aforesaid the Borrower as beneficial owner hereby demises unto the Mortgagee All the said hereditaments comprised in and demised by the said Indenture of Lease to hold the same unto the Mortgagee for the unexpired residue of the term of 60 years granted by the said Lease (except the last day thereof). Subject to the proviso for redemption hereinafter contained Provided always and it is hereby agreed that if the Borrower shall on the said 14th day of June next pay to the Mortgagee the said sum of 500 with interest in accordance with the said covenant the Mortgagee shall at any time thereafter upon the request and at the cost of the Borrower surrender the mortgaged property to the Borrower or as he shall direct. And it is hereby declared that the Borrower shall henceforth stand possessed of the leasehold reversion in the property hereby mortgaged in trust for the Mortgagee subject to any equity of redemption subsisting therein under these presents and shall assign or dispose thereof as the Mortgagee shall direct. And the Borrower doth hereby irrevocably appoint the Mortgagee his attorney and attorneys in his name and on his behalf at any time to assign the said leasehold reversion to the Mortgagee or as he shall direct subject to any equity of redemption subsisting as aforesaid and to do all necessary or proper acts for that purpose. And it is hereby expressly agreed that the statutory power of appointing new trustees of the said leasehold reversion in place of the Borrower shall be exercisable by the person or persons for the time being entitled to receive the principal moneys so secured and so that the power of appointing such new Trustee or new Trustees in the place of the Borrower shall be exercisable at any time whether or not a case for such appointment has arisen under the statute.