HomeMy WebLinkAbout92-576NoRtGACtE
To secure $
Newsome & Co., Lbw Stationers, Toronto.
Not to be registered i full �_�.--- -
So ' tors for Mortgagee.
DOW_ & MGMLLIVR.AY,
BARRISTERS, SOLICITORS &o.
\'
ONT.
WHITBY, - -
roff#1 a�
EO
ne`t5 be strictly —in 7utf,,�iSitYe!s.
(� f the
in the County of
make oath and say:
Ist. THAT 1 was ersonally present and did see the within instru eut and a duplicate ther f duly signed,
sealed and executed by ��`
of the parties thereto.
2nd. THAT he said Instrument and Duplicate were so executed at the Cof
in the County of
i
3rd. THAT I know the said part,6&gz/
4tb. THAT I am a subscribing witness to the said Instrument and Duplicate
jworn be ore me at the
Of in the County of
this �,� G� day of
9t-Pu�7
/ c
mmissioner, care
eweome & Co., Law Stationers, Toronto
made in duplicate the
one thousand eight hundred ar
n sursuatire of lh�
F 'Rhorl orm� 010 :
hereinafter called the Mortgagor of the FIRST PART
hereinafter called the Mortgagee of the SECOND PART
�-=`
sxn
wife of the said Mortgagor, of the THIRD PART
hUto#fth that in consideration of
Dollars of lawful money of Canada
now paid by the said Mortgagee to the said Mortgagor (the receipt whereof is hereby acknowledged)
Zile said Mortgagor P0- 14) (5xattt and "Ortpge unto the said Mortgagee
heirs, executors, administrators and assigns forever.
Aud o0Xtt 1Ax th e,- certain parcel S or tracts , f land and premises situate, lying and being in
the of
in the County
of and Province of Ont rio and BEING COMPOSED of
i
wife of the said Mortgagor
�ittd the said w or
g g
hereby bars her dower in said la ds. And agrees with the said Mortgagee h.e.,O 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.
Provided this Mortgage to be void on payment of
Dollars in Gold
or its equivalent of lawful money of Canada, with interest to be computed from the date hereof at✓G
per cent. per annum as follows
0
together with interest at the rate _aforesaid on all princip moneys from time to time remaining unpaid payable
�� 'yearly on every c.!�rv�� A,,day of �Gi-1�� and
until t the whole of the moneys hereby secured shall have been fully paid and satisfied,
the the first of uch payments of interest to become due and be paid on the �_iu�z-'�2 �i'�/irJ
day of next after the date hereof ; and upon payment of intereo 11 interest in
arrear, -as hereinafter provided ; And taxes and performance of Statute labor.
Zbe $Aid oxtg gOx 190V>t't AUtO with the said Mortgagee
THAT the Mortgagor will pay the Mortgage money and interest, and observe the above proviso.
THAT the Mortgagor has 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 lands as may be requisite.
AND that the said Mortgagor has 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
Ze) � dollars currency, and PROVIDED that the Mortgagee may
insure to the amount of the insurable value 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.
II
end the said Mortgagor do,�(�,Jrelease to the said Mortgagee all claims upon the said lands subject
to the said proviso.
provided that the said Mortgagee on default of payment for one month may on giving one month's notice enter
on and lease or sell the said lands. And provided alsodShat in case default be made in payment of either principal or
interest for three months after any payment of either falls due the said powers of entering and leasing or selling or
any of them may be acted upon without any notice. And also that any contract of sale made under the said power
may be varied or rescinded. And also that the said Mortgagee h executors, administators or assigns may
buy in and resell the said lands or any part thereof without being responsible for any loss or deficiency on resale or
expense thereby incurred. Provided that any such sale may be either by public auction or private sale and either for
cash or on credit or part cash and part credit and at such sale the whole or any part or parts of the said lands may
be sold.
Partidid 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.
'Movided that the purchaser shall in no case be bound to ascertain that the default has happened under which the
Mortgagee 1L.12% heirs, executors, administrators and assigns claim to lease or sell, or that notice has been
given, or to ea0re into the legality or regularity of any such sale, but the remedy of the Mortgagor h _ila�l
heirs, execuors, administrators or assigns shall be in damages only, and the sale under the said power shall not be
affected by any wAt of default or of notice or otherwise.
Jnd the Mortgagor do--7/tJ for iz _.,�_ -_-Ile � 2J heirs, 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 bereinbefore contained.
firovidfd that the Mortgagee may distrain for arrears of interest in all reepeeaa a landlord is Ontario undAr. A -
tenancy created prior to October 14,-4897i might have done. - Provided that the Mortgagee may distrain for arrears
of principal in the same manners same were arrears of interest` Provided that in default of the payment of
the interest hereby secured the principal hereby secured shall become payable.
.Vrovided that until default of payment the Mortgagor shall have quiet possession of the said lands.
"d it is hereby agreed between the parties hereto, "be Mortgagee may pay all taxes and rates and charges
whie"hall, from time -fie, fat , is respect of the --mortgaged premises, and charge such pay-
ment"; with interest at-t4i rate aforesaidT=en-4ke -mortgaged premises;-&nd" that, in case the Mortgagee shall
satisfy any charge on the lands, the amount paid in respect thereof shall 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.
ffm-said Mortgagor ---for— heirs, executors, adminiatrat"ers and assigns, covenant- with
t,"id Uortgagee " executori3,--aAministrators and assigns, th*�-e-u,i�4hey will keep, the said=jands and
the buildings and improvements thereon= eondition and repair according to the nature and description thereof
respeetiv4y-aud-t4&t4n-ease € f negl-et°#e-d$_8e-erg the Merton -or those-ela ing under- h--- commit
et�waste •emu=the said ds ^r make a^vault as to- a:; a covenants or. -provisoes hereiEFeentained the �
principal. -hereby secured -shallot th"ption of the Mortgagee---- - executor inietra assigns forth-
with become due and payable, and in default of payment the power4-of sale hereby given may be exercised.
jtid also it is agreed that if the said principal or any part thereo,"o not paid at maturity the Mortgagor h
heirs, executors, administrators -or assigns shall not be at liberty to pay the same except after three months' notice
in writing to the Mortgagee -_�— executors, administrators or assigns, or upon the payment of three months'
interest in lieu of such notice.
Drovided 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.
.Vhq Mortgagor agree that neither the execution nor registration of this Mortgage shall bind the Mortgagee
to a vance the moneys hereby secured.
vitnp 4tttOf the said parties hereto have hereunto set their hands and seals.
Signed Baled and Mrfiverrd
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.
�-,ttercd and
P LA-2.
oclock