child, living at the time of his death, then the said

SEC. 69. A deed to convey an estate in land for a term of years may be made in the following form, or to like effect: This deed, made this day of

, in the year

SEC. 70. A deed to convey real estate sold by the marshal, or other officer, under execution, may be made in the following form, or to like effect:

by

This deed, made this

(giving name and title of officer,) witnesseth, that by virtue of an execution issued out of (here insert the style of the court,) and dated the

day of

,

in the year

the said dollars, sold to

property, to wit: (here describe the property.)

consideration of the premises, the said

in the

as (repeating title) the following

Now, therefore, in doth grant unto the

in and to said

[SEAL.]

SEC. 71. A deed to convey real estate sold by a trustee, under the authority of a court, may be made in the following form, or to like effect:

trustee, witnesseth: whereas, by a judgment (or order)

of (here insert the style of court) passed on the

in the year

in the case of

,

v.

was appointed trustee to sell the land therein decreed to be

sold, and has, for the sum of

dollars, sold the same to

who has fully paid the purchase-money therefor. Now, there

fore, in consideration of the premises, the said

unto

doth grant

all the right and title of all the parties to the afore-
(here describe the property.)

said cause in and to
Witness his signature and seal.

DEEDS OF TRUST AND MORTGAGES OF REAL ESTATE.

SEC. 72. A deed to convey real property in trust to secure debts, indemnify securities, or for other purposes, may be made in the following form, or to like effect:

This deed, made this day of

in the year

,

by

witnesseth, that whereas, (here insert the consideration for doth grant unto

making the deed) the said

as

trustee, the following property (here describe the property,) in trust for the following purposes: (here insert the purposes of the trust, including power to trustee to sell in case of default, and add any covenants that may be agreed upon.)

SEC. 73. A mortgage of real estate to secure the payment of money may be made in the following form, or to like effect:

day of, in the year witnesseth, that in consideration of the sum of

This mortgage, made this

by

dollars, with interest thereon from, now due from

to

the

doth grant unto the said

(here describe the property,) provided, that if the said

pay, on or before the day of

said

all

shall

in the year, to the

from

then this mortgage shall be void. Witness his signature and seal.

[SEAL.]

SEC. 74. A covenant by a mortgagor or grantor in a deed of trust of real estate "that he will pay the aforesaid money," shall be construed and have the same effect as if the mortgagor or grantor had covenanted that he, his heirs, and personal representative shall well and truly pay, or cause to be paid, unto the said (mortgagee or cestuy que trust,) his personal representative, heirs, and assigns, the said sum of dollars, with interest for the same, at

such times and after such manner as hereinbefore set forth and agreed for the payment therefor.

SEC. 75. In a mortgage of real estate, a covenant by the mortgagor "that in default of payment, the said (the mortgagee) may enter," shall be construed and have the same effect as if the mortgagor had covenated that if default shall be made in the payment of the sum of dollars, with the interest, or any part thereof, at the times or in the manner aforesaid, then and from thenceforth it shall and may be lawful for the said , (the mortgagee,) his heirs,

and assigns, to enter into and upon the said land and premises hereby granted, or intended so to be, with the appurtenances, and every part and parcel thereof, to have, hold, possess, and enjoy the same, and receive and take the rents, issues, and profits thereof, and every part thereof, to and for the use and benefit of the said

(the mortgagee,) his heirs, and assigns, without any lawful let, suit, interruption, disturbance, claim, or demand, whatever, from or by the said (mortgagor,) his heirs, or any other person or persons whatever.

SEC. 76. In a mortgage or deed of trust of real estate, the following proviso: "provided, that until default of payment, the said (mortgagor or grantor) shall possess the premises," shall be construed and have the same effect as if the following proviso had been therein inserted: provided, always, that until default is made in the payment of the said sum of dollars and interest, or some part

(the mort

thereof, it shall and may be lawful for the said gagor or grantor,) his heirs and assigns, to hold and enjoy the said land and premises hereby granted, or intended so to be, with all the appurtenances thereto, and the rents, issues, and profits thereof, to take and receive to his or their own use, without any suit, interruption, disturbance, claim, or demand, whatsoever, of, from, or by, the said , (the mortgagee or grantee,)

his heirs, or any person or persons lawfully claiming by, from, or under them.

SEC. 77. In the certificate of acknowledgment of a mortgage of real estate, the word mortgage may be used instead of deed, as herein before provided.

SEC. 78. An assignment of a mortgage of real estate may be made in the following form, or to like effect:

I hereby assign the within mortgage to
Witness my signature and seal.

Teste:

(the assignee.)

[SEAL.]

SEC. 79. Every assignment made in the form above, or substantially to like effect, endorsed upon the original mortgage, and attested by one or more witnesses, shall be construed and deemed sufficient to convey to the assignee every right which the assignor possessed under the same at the time of the assignment thereof, in as full a manner as any instrument in writing whatever could do.

SEC. 80. The recording of the assignment of a mortgage shall not be deemed, of itself, notice to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them to the mortgagee, or any assignee, before actual notice of such assignment. SEC. 81. A release of a mortgage or deed of trust of real estate may be in the following form, or to like effect:

I hereby release the above (or within) mortgage (or deed of trust.) Witness my signature and seal.

Attest:

[SEAL.]

SEC. 82. Such release may be written by the mortgagee or grantee, or the assignee of either, upon the record in the office where the mortgage or deed of trust is recorded, and be attested by the recorder; and the recorder, at the time of recording every mortgage or deed of trust shall leave a blank space at the foot thereof for the purpose of entering such release.

SEC. 83. Or such release may be endorsed on the original mortgage by the mortgagee or his assignee, or on the deed of trust by the grantee therein, and upon such mortgage or deed of trust, with the release thereon endorsed, attested by at least one witness, being filed in the office in which the same is recorded, the recorder shall record such release at the the foot of the mortgage or deed of trust.

SEC. 84. When the mortgage or deed of trust, with the release thereon, is filed for the purpose of having the release recorded, the recorder shall retain the same in his office, and shall not permit it to be again withdrawn.

SEC. 85. Every release executed in either of the above modes shall

be construed and deemed sufficient to release such mortgage or deed of trust as fully as any instrument of writing whatever could do.

SEC. 86. A deposit of title deeds shall not be taken as evidence of an agreement to make a mortgage, nor shall a mortgage in equity arise therefrom.

SEC. 87. A mortgage or deed of trust shall be construed as implying a covenant to pay the sum intended to be secured; and though there shall be no express covenant for such payment contained in the deed or mortgage, and no bond, or other separate instrument, to secure such payment, shall have been given, the remedies of parties. shall not be confined to the land mentioned in the mortgage or deed of trust.

LEASES.

SEC. 88. Leases may be made in the following form, or to like effect:

, (here describe the property,) for the term of ——— years;

in each and every year, (or otherwise at stated intervals, as may be

agreed upon.)

Witness their signatures and seals.

[SEAL.]

[SEAL.]

SEC. 89. When a lease uses the words, "the said

covenants,"

such covenant shall have the same effect as if it was expressed to be by the covenantor, for himself, his heirs, personal representatives, and assigns, and shall be deemed to be with the covenantee, his heirs, personal representatives, and assigns.

SEC. 90. A covenant in a lease that "he (the lessee) will not assign without leave," shall be construed and have the same effect as if the lessee had covenanted that he (the lessee) will not, during the continuance of said lease, assign, transfer, or let over, or otherwise by any act or deed procure the said premises, or any part thereof, to be assigned, transferred, or let over, to any person or persons whomso