LII. ASSIGNMENTS OF MORT- (2) (Recite the mortgage see recitals B.44–48, and bond B.52. and that the sum is still due as in the last recitals.) But no interest for the same hath been paid since the Assignment of whereas the said (mortgagee) being mortgage by rest hath been day of - And indebted to the said mortgagee. (assignee) in the sum of /. hath agreed at the request of the That no inte- said (assignee) to assign unto him the said debt or sum of ——l. paid since the SO secured as aforesaid and to transfer or otherwise make over to mortgage. the said (assignee) the securities for the same in manner hereinafter mentioned and expressed And that the said (assignee) should accept such assignment and transfer in lieu and in full assign mort- satisfaction of the said debt or sum of 1. so due and owing to him from the said (mortgagee) as hereinbefore is mentioned Mortgagee indebted to as signee and agreement to gage in lieu of a debt. Assignment of a part of the mortgage money. Assignment where further sum is advanced to mortgagor. Assignment of mort gage. (a) Practical di (3) (Recite the three first recitals in LII. 1.) And whereas the said (assignee) hath agreed at the request of the said (mortgagee) to advance and pay him the sum of. of lawful money of Great Britain and Ireland and to accept and take in lieu and satisfaction thereof an assignment of a sum ofl. of like lawful money part of the said principal sum of 7. so due and owing from the said (mortgagor) to the said (mortgagee) upon the security of the said hereinbefore recited indentures of the and of now last past as aforesaid and of the interest which shall hereafter become due for the same (4) (Recite the three first recitals, and the agreement to pay off the mortgagee, as in LII. 1.) And also at the request of the said (mortgagee) to advance and lend the further sum of ——l. to the said (mortgagor) on having the repayment of the said sums ofl. and. with interest for the same respectively after the rate of 51. for 1007. secured in the manner hereinafter mentioned (5) Now THIS INDENTURE WITNESSETH that in consideration of the sum of 7. of lawful money of Great Britain and Ire (a) With the variations of executors and administrators for rections and heirs of the description of the parcels, and of the operative words, this form will serve for an assignment of every species of mortgage. variations. land by the said (assignee) to the said (mortgagee) paid at or immediately before the sealing and delivery of these presents (the receipt whereof the said (mortgagee) doth hereby admit and acknowledge and declare the same to be in full satisfaction and discharge of all monies due and owing to him on the securities herein before. mentioned And of and from the same doth hereby acquit release and discharge the said [ (a) (mortgagor) and] (assignee) [and each of them and their and each of their] heirs executors administrators and assigns) HE the said (mortgagee) [at the request and by the direction of the said (mortgagor) (testified by his being a party to and sealing and delivering these presents)] Hath bargained sold and assigned And &c. unto the said (assignee) his executors administrators and assigns (the mortgage sum and bond See E. 36. 33.) To have hold receive and take the said sum of -7. and the interest henceforth to become due for the same and all and singular other the premises hereby assigned or intended so to be and every of them and every part thereof respectively unto the said (assignee) his executors administrators and assigns for his and their own absolute use and benefit (Power of attorney from the [mortgagor and] mortgagee as in E. 47.) And this indenture further witnesseth that in consideration of the said sum of 7. by the said (assignee) to the said (mortgagee) paid as hereinbefore is mentioned. And of the sum of ten shillings (nominal consideration from assignee to mortgagee C. 3.) HE the said (mortgagee) [at the request and by the direction of the said (mortgagor) (testified as aforesaid)] Hath bargained sold and released And &c. [And the said (mortgagor) Hath granted bargained sold released and confirmed And &c.] unto the said (assignee) (in his actual, &c. reference to a lease for a year D. 20.) and his {heirs} ALL, &c. (the parcels and general words E. 10, 11) And the reversion, &c. And all the estate &c. E. 12, 13. To have and to hold the said {messuages, &c.} and all and singular other the premises hereby {granted released and confirmed} or intended so to be and every part and parcel thereof with their and every of their appurten LII. OF MORT- (a) Omitting the parts within brackets, this will serve as an Practical diassignment by a mortgagee alone. rection. LII. ASSIGNMENTS OF MORTGAGES. Assignment where a further sum is advanced to mortgagor. Declaration that mort premises in trust ances unto [and to the use of] the said (assignee) his {heirs} and assigns for ever But subject to such right title and equity of redemption as the same {messuages &c.} are now subject and liable to under or by virtue of the said herein before recited indenture of [release] of the day of (6) NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and (Consideration from assignee to mortgagee as in LII. 5.) And also in consideration of the further sum of ———. of like lawful money by the said (assignee) to the said (mortgagor) at the same time paid (the receipt and payment of which said several sums of 7. and 7. making together the sum of -7. he the said (mortgagor) doth hereby admit and acknowledge and of and from the same and every part thereof doth hereby acquit release and for ever discharge the said (assignee) his executors administrators and assigns) HE the said (mortgagee).&c. (assignment and conveyance by mortgagee and mortgagor as in LII. 5.) (7) And this indenture further witnesseth that for the consigagee shall be derations herein before expressed It is hereby agreed and de[seised] of the clared between and by the said parties hereto that the said (mortgagee) his heirs executors administrators and assigns shall and will from henceforth stand and be [seised] of and interested in the said {manors &c.} comprised in and {conveyed} by the said herein before recited indentures of the as hereinbeFor securing fore is mentioned In trust in the first place for securing to the said (assignee) his executors administrators and assigns the assignee and said sum ofl. and interest assigned by these presents and the sum of -. to the surplus to himself. and subject thereto In trust for him the said (mortgagee) his [heirs] executors administrators and assigns (but subject as aforesaid) from mort the money paid. (1) (Recite the mortgage as in B. 44-48) And whereas the Conveyance said (mortgagor) is desirous of paying off and discharging the gagee to mortsaid sum of l. so secured by the said herein before recited gagor where indenture as aforesaid And the said (mortgagee) hath agreed hath not been on receiving the said sum ofl. with all interest due thereon [and all costs and expenses relating thereto] to {reconvey} the said {messuages &c.} hereinafter described and intended to be hereby granted and released} unto him the said (mortgagor) his {heirs} and assigns freed and discharged from the said sum of -7. and interest [and all costs and expenses whatsoever] money hath (2) (Recite mortgage B. 44-48) And whereas the said Where the principal sum of 7. and all interest due in respect thereof been paid. have been fully paid and satisfied as he the said (mortgagee) doth hereby admit and acknowledge but no {re-assignment} of the said {messuages &c.} comprised in and assigned by the said herein before recited indenture of their appurtenances hath yet been made day of with from the mort discharged of (3) (Witnessing part and consideration as in C. 1, 2. or as in Conveyance C. 1, or 3. conveyance or re-assignment of the mortgaged premises gagee to the as in V., orVII.) To have and to hold the said {messuages &c.} and mortgagor all and singular other the premises hereby {granted and released} the mortgage. or intended so to be with their and every of their appurtenances unto the said (mortgagor) his {heirs} and assigns freed and for ever discharged of the payment of the said sum ofl. and all interest due thereon so secured by the said hereinbefore recited indenture [and all costs and expenses relating thereto] (Covenant against incumbrances by mortgagee L. 1. 15.) Contract for the purchase of annuity. (1) (State the history of the title. (a)) And whereas the said (annuitant) hath contracted with the said (grantor) for the absolute purchase of one clear annuity or annual sum of ——l. to be paid unto the said (annuitant) his executors administrators and assigns for the term of years if he the said (grantor) or (nominees) or the survivor of them shall so long live free from taxes and without any deduction whatsoever by equal quarterly payments on the days hereinafter mentioned together with a proportional part of the said annuity for the time which at the decease of the survivor of them the said (grantor) and (nominees) shall have elapsed of the quarterly payment thereof then growing due and subject to the agreement hereinafter contained for the repurchase of the said annuity at or for the price or sum of −1. Practical directions. (a) The clauses will be precisely the same, whether the grantor is seised in fee, or for life. There may be a simple statement of seisin, see B. 1-7, or the whole history of the title may recited, See ante, p. 110. 151. be |