And the said for himself and his heirs, executors, and administrators, covenants and agrees to and with the said party of the second part, and his heirs and assigns, that at the time of the ensealing and delivery of these presents he was well seized of said premises in fee-simple, and has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; that the same are free and clear of all liens and incumbrances whatsoever; that the said party of the first part will, in due season, pay all taxes and assessments on said premises, and exhibit once a year, on demand, to said party of the second part, receipts of the proper persons, showing payment thereof, until the indebtedness aforesaid shall be fully paid; and will keep all buildings that may at any time be on said premises, during the continuance of said indebtedness, insured in such company or companies as the party of the second part, his heirs, executors, administrators, and assigns, may direct, for such sum or sums as such company or companies will insure for, not to exceed the amount of dollars, and will assign, with proper consent of the insurers, the policy or policies of insurance to, and deposit the same with, said party of the second part, as further security for the indebtedness aforesaid; and in case said party of the first part shall fail so to keep said buildings insured, and to pay said taxes and assessments, then the party of the second part shall have full right, power, and authority to pay the same, and the amount so paid shall constitute a part of the debt secured by this instrument, and upon sale of the land hereunder, shall, with the amount of said notes and interest, be paid to the party of the second part, his heirs, executors, administrators, and assigns, with interest thereon at the rate of per cent. per annum. A reconveyance of said premises shall be made to said party of the first part, his heirs or assigns, at his expense, on full payment of the indebtedness aforesaid, and full performance by them of the covenants and agreements herein made by the party of the first part. In witness whereof, the party of the first part has hereunto set his hand and seal, on the day and year first above written. Signed, sealed, and delivered in the presence of [Seal.] [Seal.] 173. the Mortgage with dower, Ohio form. and Know all men by these presents, that his wife, of of in consideration of dollars, to them paid by the -, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, and convey to the said his heirs and assigns forever, [here give full description of property] and all the estate, title, interest, of the said, either in law or equity, of, in, and to the said premises, together with all the privileges and appurtenances to the same belonging, and all the rents, issues, and profits thereof. To have and to hold the same to the only proper use of the said his heirs and assigns forever. And the said, for himself and for his heirs, executors, and administrators, does hereby covenant with the said his heirs and assigns, that he is the true and lawful owner of the said premises, and has full power to convey the same, and that the title so conveyed is clear, free, and unincumbered; and further, that he will warrant and defend the same against all claim or claims of all persons whomsoever. Provided, nevertheless, that the said condition of his certain bond of even date herewith, given to the said [or pay unto the said the amount of two certain shall perform fully the promissory notes, dated —, and respectively for the amount of dollars] then these presents shall be void. and the said his wife, In witness whereof, the said hereby releasing her right and expectancy of dower in the said premises, have hereunto set their hands and seals, this day of in the year of our Lord one thousand eight hundred and in the year of our This indenture, made this day of between -, party of the first part, and -, party of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of dollars, to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, remised, released, enfeoffed, and confirmed, and by these presents does grant, bargain, sell, remise, release, enfeoff, and confirm unto the said party of the second part, and to his heirs and assigns forever, all there give full description of property]: together with the hereditaments and appurtenances thereunto belonging, or in anywise appertaining. To have and to hold the above bargained premises unto the said party of the second part, and to his heirs and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns, forever; and the said party of the first part, for himself, and for his heirs, executors, and administrators, doth covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents he was well seized of said premises in fec-simple; that they are free from all incumbrances and charges whatever, and that he will, and his heirs, executors, administrators, and assigns shall forever warrant and defend the same against all lawful claims whatsoever. Provided always, and these presents are upon the express condition, that if the said party of the first part shall, and do, well and truly pay, or cause to be paid, to the said party of the second part the sum of five thousand dollars, lawful money of the United States, according to a certain bond, bearing even date herewith, executed by the party of the first part, to said party of the second part, to which these presents are collateral: and shall also pay, or cause to be paid, all taxes and assessments, of whatever nature, which may be levied upon said premises above described, as soon and as often as the same may become due and payable. And the said first party doth hereby covenant and promise to and with said second party, his representatives and assigns, that he, the said first party, will pay to said second party the full sum of five thousand dollars, with interest as above provided. And it is also agreed, by and between the parties to these presents, that the said party of the first part shall and will keep the buildings, erected and to be erected, upon the lands above conveyed, insured against loss and damage by fire, by insurers, and in amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount secured by these presents, and payable on demand, with interest, at the rate of ten per cent per annum. And shall further keep and perform all covenants and agreements hereinafter made, then these presents and said bond shall cease and be null and void. And it is hereby expressly agreed, that should any default be made in the payment of the said interest, taxes, assessments, or insurance, or any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of thirty days, then and from thenceforth, that is to say, after the lapse of the said thirty days, the aforesaid principal sum of five thousand dollars, with all arrearage of interest thereon, and all taxes, assessments, and insurance unpaid, shall, at the option of said obligee, his executors, administrators, or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything thereinbefore contained to the contrary thereof in any wise notwithstanding. And it is further expressly agreed, that as often as any proceeding is taken to foreclose this mortgage, as hereinafter provided, or in chancery, said first party shall pay to said second party dollars, as a reasonable attorney or solicitor's fee therefor, in addition to all other legal costs. And upon default being made in any condition of this mortgage, or in case of the non-payment of the said sum of five thousand dollars, or of the interest thereof, or of said taxes, assessments, or insurance, or any part of said principal or interest, taxes, assess ments, or insurance, or if the principal becomes due and payable, as aforesaid, by reason of the non-payment of interest, taxes, assessment, or insurance, at the time, in the manner, and at the place above limited and specified for the payment thereof, then and in such case it shall and may be lawful for the said party of the second part, his heirs, executors, administrators, or assigns, and the said party of the first part doth hereby empower and authorize the said party of the second part, his heirs, executors, administrators, or assigns, to grant, bargain, sell, release, and convey the said premises, with the appurtenances, at public vendue, and on such sale to make and execute to the purchaser or purchasers, his, her, or their heirs and assigns forever, good, ample, and sufficient deed or deeds of conveyance in law, pursuant to the statute in such case made and provided, rendering the surplus moneys (if any there should be) to the said party of the first part, his heirs, executors, or administrators, after deducting the amount then due, the said attorney or solicitor's fee, and the costs and charges of such vendue and sale aforesaid. In witness whereof, the party of the first hath hereunto set his hand and seal, the day and year first above written. Signed, sealed, and delivered in 175. presence of Mortgage, short form, for State of Indiana. of [Seal.] This indenture witnesseth that County, in the State of -, mortgages and warrants to of County, in the State of the following real estate in County, in the State of to wit: [here give description of property] to secure the payment, when it becomes due, of dollars, being the unpaid balance of the purchase-money for the above-described real estate; and the mortgagor expressly agrees to pay the sum of money above secured without relief from valuation or appraisement laws. In witness whereof, the mortgagor hath hereunto set his hand and seal, this day of 187 [Seal.] 176. Assignment of mortgage-New York form. Know all men by these presents, that I, of the city of county of and State of New York, party of the first part, in consideration of the sum of five thousand dollars, lawful money of the United States, to me in hand paid by of the city of county of and State of New York, party of the second part, at or before the ensealing of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, sell, assign, transfer, and set over unto the said party of the second part, a certain indenture of mortgage, bearing date the first day of March, one thousand eight hundred and seventy-five, made by and his wife, of the city of New York, to me, to secure the payment of five thousand dollars and interest, and which said mortgage was recorded in the office of the register of the city and county of New York, on March 2d, 1875, in liber 100 of mortgages, at page 100, [if there have been previous assignments, recite names, dates, and records] together with the bond or obligation therein described, and the money due and to grow due thereon, with the interest. To have and to hold the same, unto the said party of the second part, his executors, administrators, and assigns, forever, subject only to the proviso in the said indenture of mortgage mentioned, and I do hereby make, constitute, and appoint the said party of the second part my true and lawful attorney, irrevocable in my name, or otherwise, but at his proper costs and charges, to have, use, and take all lawful ways and means for the recovery of the said money and interest; and in case of payment, to discharge the same as fully as I might or could do if these presents were not made. In witness whereof, I, the said party of the first part, have hereunto set my hand and seal this first day of July, one thousand eight hundred and seventy In the presence of 177. Assignment of mortgage—California form. of the , [Seal.] Know all men by these presents, that -, county -, State of California, the party of the first part, in consideration of the sum of dollars, lawful money of the United States of America, to him in hand paid by, of, the party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, assign, transfer, and set over, unto the said party of the second part, a certain indenture of mortgage, bearing date the day of, one thousand eight hundred and seventy made and executed by - and his wife, to the said party of the first part, and recorded in the office of the County Recorder of County, State of California, of mortgages, page day of, A. D. 187————, at o'clock, in the noon; together with the promissory note [or bond] therein described, and the money due and to grow due thereon, with the interest. To have and to hold the same unto the said party of the second part, his executors, administrators, and assigns, for their use and benefit; subject only to the proviso in the said indenture of mortgage mentioned. And the said party of the first part does hereby make, constitute, and appoint the said party of the second part his true and lawful attorney, irrevocable in his name or otherwise, but at the proper costs and charges of the said party of the second part, to have, use, and in book NOTARIES-19. -, on the |