HomeMy WebLinkAbout92-583Dated i89AC
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Mo.37C)7RGE
To secure �
ov
Newsome Co., Law Stationers, Toronto.
/ v _
Not to be registered in l
S9tzcito for Mortga�
DOW & MCGILLIVRAY,
BARRISTERS, SOLICITORS &a.
WHITBY, - - - ONT.
*T.hiprQme to be strictly in full, no Initials.
•( �* O-t�/ �aY%1'yl�� the C�
of in the County of
make oath and say:
Ist. THAT I wa ersonally present/,n/d did see the within instrumen and a duplicate thereof duly signed,
sealed and executed by//
of the parties thereto.
2nd. THAT tbe said Instrument and Duplicate were so executed at the C�,� of `�1�4
in the County of
Srd. THAT I know the said part --IJ
4th. THAT I am a subscribing witness to the said Instrument and Duplicate
meat the
Of 1X_ in the, County of
this �G/ — day of
A,D. 18
/ A Commissioner, &C.
J
Newsome & Co., Law Stationers, Toronto
e-1 lv� ., .. -
C r<�anu�l�
l
hereinafter called the Mortgagor of the FIRST PART
hereinafter called the Mortgagee of the SECOND PART
AND/ —
wife of the said Mortgagor, of the THIRD PART:
jtnt$#txh that in consideration ofr*ey
Dollars of lawful mCanada
now paid by the said Mortgagee
�o the said Mortgagor (the receipt whereof is hereby acknowledged)
the said Mortgagor �Q � (5xant A1xd �iaxt�r. �e unto the said Mortgagee
heirs, executors, administrators and assigns forever.
All and in qX x th ow/certain parcel S or tract S of land and premises situate, lying and being in
the of in the County
of and Province of In
t and BEING COMPOSED of
e7'.61�
JPG a� 2.
mop-
���y ��Y�J ��-P��y2v� -•���J �iyzi G'L�v.2�/y� liriz?����+� Via'_ i
heud the said - G ��� vv wife of the said Mortgagor
reby bars her dower ind id lands. And agrees with the said Mortgagee hx—/, /heirs, executors, administrators
and assigns, that the said Mortgage Debt and Lands may be dealt with in all respects as if she were solely principally
liable.
frovidcd this Mortgage to be void on payment of(-A,l
liars in Gold
or its equivalent of lawful money of Canada, with interest to be computed from the date hereof at
per cent. per annum as follows
t gether with interest at f h� rate aforesaid on all principal moneys from time to time �emaining unpaid payable
yearly on every i,- ��/its day of � and `�
UUU until the whole of the moneys hereby secured shall h�,ve been full aid and satisfied,
the first ?"uch payments of i terest to become due and be paid on the
day of XG yt�l� next after the date hereof; and upon riiyment of interest on all interest in
arrear, as hereinafter provided ; And taxes and performance of Statute labor.
Zht 0Ajd 60UHAUtO with the said Mortgagee
THAT the Mortgagor will pay the Mortgage money and interest, and observe the above proviso.
THAT the Mortgagor ha a good title in fee simple to the said lands
AND that he has the right to convey the said lands to the Mortgagee
AND that on default the Mortgagee shall have quiet possession of the said lands free from all incumbrances.
AND that the said Mortgagor will execute such further assurances of the said lauds as may be requisite.
AND that the said Mortgagor ha,S done no act to incumber the said lands.
_ Jqd that the said Mortgagor will insure the buildings on the said lands to the amount of not less than
dollars currency, and PROVIDED that the Mortgagee may
ine a the same to the amount of the insurable vaYde thereof without reference to the Mortgagor , in an Insurance
Company to be selected by the Mortgagee , and that any moneys paid by the Mortgagee in respect thereof shall
thereupon become part of the principal money and an additional charge upon the said lands, and be forthwith due
and payable. PROVIDED also that the whole duty of paying the renewal premiums of the policy or policies issued
under the preceding provisions and seeing to them shall rest and remain with the Mortgagor , and no liability or
duty is to be placed upon or lie with the Mortgagee to pay the said renewal premiums or keep said insurance alive,
or notify the Mortgagor as to same, or do anything in connection therewith.
low
.e said Mortgagor d;J4)release to the said Mortgagee
all claims upon the said lands subject
aid proviso.
!d that the said Mortgagee on default of payment for one month may on giving one month's notice enter
lease or sell the said lands. And provided also that in case default be made in payment of either principal or
for three months after any payment of either falls due the said powers of entering and leasing or selling or
hem may be acted upon without any notice. And also that any contract of sale made under the said power
varied or rescinded. And also that the said Mortgagee h_-Zvi executors, administators or assigns may
,nd resell the said lands or any part thereof without being responsible for any loss or deficiency on resale or
thereby incurred. Provided that any such sale may be either by public auction or private sale and either for
on credit or part cash and part credit and at such sale the whole or any part or parts of the said lands may
ne soia.
Wavided that the hereinbefore mentioned notice of exercise of power of sale or lease, or either, may be effectually
given either by leaving the same with a grown-up person on the mortgaged premises, if occupied, or placing the same
on some portion thereof, if unoccupied, or at the option of the said Mortgagee by publishing the same twice in some
newspaper published in the County in which the said lands are situate, and that such notice shall be sufficient though
not addressed to any person or persons by name or designation and notwithstanding any person or persons to be
affected thereby may be unknown, unaseertained, or under disability, and on any sale time for payment may be given
and special conditions may be made, and the costs of any abortive sale shall become a charge upon the lands, and the
Mortgagee may tack them to the Mortgage debt.
Movtded that the purchaser shall in no case be bound to ascertain that the default has happened under which the
Mortgagee h4,i_'_1 heirs, executors, administrators and assigns claim to lease or sell, or that notice has been
given, or to enquire into the legality or regularity of any such sale, but the remedy of the Mortgagor h -��
heirs, executors, administrators or assigns shall be in damages only, and the sale under the said power shall not be
affected by any want of default or of notice or otherwise.
Jud the Mortgagor do,/4i forheirs, executors, administrators and assigns attorn
to and become tenant at will to the Mortgagee until the whole amount of principal, interest and other moneys
secured by this Mortgage shall be fully paid and satisfied, at a rental equal to and payable on the days and times on
which any instalment of principal or interest shall become due by virtue of the proviso hereinbefore contained.
frovidfd that the Mortgagee may distrain for arrears of interest in all respects as a landlord in Ontario under a
tenancy created prior to October 1st, 1887, might have done. Provided that the Mortgagee may distrain for arrears
of principal in the same manner as if the same were arrears of interest. Provided that in default of the payment of
the interest hereby secured the principal hereby secured sball become payable.
,Vrovided that until default of payment the Mortgagor shall have quiet possession of the said lands.
`Ynd it is hereby agreed between the parties hereto, that the Mortgagee may pay all taxes and rates and charges
which shall, from time to time, fall due and be unpaid, in respect of the mortgaged premises, and charge such pay-
ments, with interest at the rate aforesaid, on the mortgaged premises, and that, in case the Mortgagee shall
satisfy any charge on the lands, the amount paid in respect thereof shalt be payable forthwith with interest at
the rate aforesaid, and in default the power of sale hereby given shall be exercisable, and in the event of the money
hereby advanced or any part thereof being applied to the payment of any charge or encumbrance, the Mortgagee
shall stand in the position and be entitled to all the equities of the person or persons so paid off.
fhe said Mortgagor for heirs, executors, administrators and assigns, covenant,(- with
the said Mortgagee h_c;f/ executors, administrators and assigns, that he and they will keep the said lands and
the buildings and improvements thereon in good condition and repair according to the nature and description thereof
respectively and that in case of neglect to do so or if the Mortgagor or those claiming under commit
any act of waste on the said lands or make default as to any of the, covenants or provisoes herein contained the
principal hereby secured shall at the option of the Mortgagee h executors, administrators or assigns forth-
with become due and payable, and in default of payment the powers of sale hereby given may be exercised.
Jnd olgo it is agreed that if the said principal or any part thereof be not paid at maturity the Mortgagor h -Y/
heirs, executors, administrators or assigns shall not be at liberty to pay the same except after three months' notice
in writing to the Mortgagee h L-1/ executors, administrators or assigns, or upon the payment of three months'
interest in lieu of such notice.
Provided also that all interest in arrear shall become principal and bear interest at the rate aforesaid till paid, and
shall be a charge upon the said lands.
jrhf Mortgagor agrees that neither the execution nor registration of this Mortgage sball bind the Mortgagee
to advance the mongs hereby secured.
t#IC V4trtOf the said parties hereto have hereunto set their hands and seals.
igned, Pealed and felivered
IN THE PRESENCE OF
Having been first read over and explained to the Mortgagor and his
wife, both of whom appeared fully to understand its contents.
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