Loading...
HomeMy WebLinkAbout92-577Dated f F day of 1891, MORTGAGE FROM r TO She Zvuo! u ga u 00. of f auada. f. ee� , 777 �o� C) C) C� �' .v 0 "Not to be registered in full." LOUNT, MARSH & CAME, RON; Solicitors for the Mortgagees, 25 TORONTO STREET, TORONTO. Warwick Bros. be Rutter, Printers, 68 and 70 Front St. W., Toronto. ]Drovince of Ontario. County of ........ v- ------------ -4i ft - * 6,-S Of.....- •�/o •`=-r-:.......................................ot•--......------....------..........--.....---........--- ... .......................... ._ -- - - - in the County of........ cce:z............ TuWIT: .................................... .................. ........ __.... ... _..................... .......................................... make oath and say: 1st. That I was personally present and did see the within Mortgage and a duplicate thereof duly signed, sealed and executed by�z.. = o IS `.4:.1r�......:..._'xActhe parties thereto. 2nd. That the said Mortgage and duplicate were executed at the _ Q u. t-aZ 3rd. That I knowthesaid parties. 4th. That I am a subscribing witness to the said Mortgage and duplicate. Sworn before me at the joy 1- z-` of in the County of Ln L Liz �1v this ),S ��� day of �L� A.D. 189 / ---------------------------------------------- -------- ---------------- A Commissioner, etc. (Printed words in this Mortgage and in the Affidavit of Execution 1498, made in duplicate the k 1-' day of C 0 4 ^ A one thousand eight hundred and ninety - in pursuance of the Act respecting Short Forms of Mortgages, (it being declared that Part 11. of R. S. 0. Cap. 102 is not to apply hereto) Vetween 49 � � n(vl. l � ar✓cL r— of the lAN\_ of —4 f a t in the County of in the Province of Ontario and Dominion of Canada, TlC� Che trust ana loan �1Company _r r",dA A (. k CT '�A ii- the u►ife of the Mortgagor( �. (hereinafter called the Mortgagor) ) of the FIRST PART: of Canada, (hereinafter called The Company) of the �OSECOND PART: and r, ) „ r -I•� � r- r,,m 4 , n r, r , A C� i c- 0, of the THIRD PART ` bereas the said Mortgagor at the time of the execution hereof _r� s seized of an estate in fee simple in possession in the lands hereinafter mentioned. Row therefore this anaentnre Witnesseth, that in consideration of Dollars of lawful money of Canada, now lent by the Company unto the Mortgagor] (the receipt whereof is hereby acknowledged), the Mortgagors who conveys as beneficial owrerldolt grant and mortgage to The Company, their successors and assigns, forever, all certain parcel or tract of land and hereditanzents situate in the �( C1� li✓ l�' c� in the County of c in the Province of Ontario, being composed of j Ct._ r,,,k-k fy/ —�-C-•C�tT� C� `� QV�.L-� � .� �i'. (� �-%' 1 z �l-l� v � �M� � � � �P �-q tin-. � b'CXI�r � ���j-„`��o✓'n �e7 - - - - - -- -( ra �7 rI r � � nb. the said-,,O* _u.J(ov.A_ LA 4� un 4 Q 1`r et Rr�-moo -��s�thermic e of the Mortgayoz Au�� ff� ereby 6 r ,� hbail *Ydower in the said lands. roniaea this !'Mortgage to be void on payment of .Dollars in gold or its equivalent in lawful money of Canada, with interest at _�J Al- _ per cent. as follows: �.J k A' C� Yu-U,n.. �.r..e� � r n ,� J , And interest from the date. hereof on the unpaid principal at the rate aforesaid, by equal yearly payments, on the I -t day of C`) c "ri in every year, until all the principal hereby secured shall be paid and satisfied, whether the same shall happen before or after default, such payment to be made at the 0#ice of the Company in the City of Toronto, and taxes, and performance of statute labor; and without pre- judice to the implied covenants herein contained, Zbe said Mortgagors covenant# with The Company, ` bat the Mortgagors will pay the Hortgaye Money and interest, and observe the above proviso. Zbat the Mortgagors ha " a good title in fee simple to the said lands. i1a that the � ha tit the right to convey the said lands to The Company. TA11e6 that on default The Company shall have quiet possession of the, said lands, free from all encumbrances. Rnb that the said Mortgagors will execute such further assurances o " the said lands as may be requisite. Arta that the said Mortgagor; hao done no act to encumber the said Zands. RPbthat the said Mortgagors will in8ure the buildings on the said lands to the amount of not less than S �9 �� v , r� ---� �_ - dollars currency; provided that The Company may themselves effect 8Uc insurance without any further consent of the Mortgagor,T #h1b the said Mortgagors do release to The Company all 1 ^ - claims upon the said lands subject to the said proviso. l�`�,7iaea that The Company, on default of payment for two calendar months, may on one calendar months notice enter on and lease or sell the said lands: And that such notice may be effectually given, either by leaving the same with a grown up person on the mortgaged premises, it occupied, or, by placing the same on some portion thereof, if unoccupied, or at the option of The Company by publishing the same once in some newspaper published in the said County of (� f And that on such default for three calendar months The Company may, without any notice whatever, exercise the said power to enter on and with or without such entry lease or sell the said lands: And that The Company or their assigns may sell any of the said lands on such terms as to credit and otherwise, and for such prices and with such conditions of sale and stipulations as to title or evidence, or commencement of title or otherwise, as they shall in their discretion deem proper: And may buy in or rescind or vary any contract for sale of any of the said lands, and resell without being answerable for any loss or deficiency occasioned thereby: And that no purchaser at any sale had in professed exercise of this power shall be bound or concerned to inquire into the regularity or propriety thereof, or to inquire whether any default has been made or notice given, nor shall he be a,�ected by notice or knuu, ledge of any irregularity or impropriety in such sale or of any lack of default or want or deficiency of notice of sale, but the vendors alone shah be responsible therefor. lift 'bea that The Company may distrain for arrears of interest. rovI "Jroviaea that in default of the payment of the interest hereby secured, the principal hereb?t secured shall become payable at the option of The Company, and that upon the Mortgagor,S , or those claiming under /hOat, committing any act of waste upon the said lands, or making de f iiult as to any of the covenants or provisions herein contained, the principal hereby secured shall, at the option of The Company, forthwith become due and payable. Vrontaea that until default of payment (of which default the production of these presents shall be prima facie evidence), the Mortgagors shall have quiet possession of the said lands, and without prejudice to The Company's right to immediate possession on default, or to the right of subsequent mortgagees or other persons interested in the equity of redemption to take possession, the Mortgagors do attorn and become tenants to The Company from year to year, at a yearly rental, equivalent to, applicable in satisfaction of, and payable at the same times as the interest hereinbefore provided to be paid, it being agreed that neither the existence of this clause nor anything done by virtue thereof, shall render the Company mortgagees in possession, or accountable for any moneys except those actually received by virtue thereof. it is hereby a reod that The Company ,ta a2 an liens, taxes, rates, charges or incumbrancesu on the said lands and an mone s or m:Y11� y g'., p ./ ;..yp J y g" p y y f insurance, and the amount so paid, together with all costs, charges and expenses which may be incurred in taking, recovering and keeping posses- sion of said lands, or in inspecting or protecting the same, and generally in any other proceedings taken to realize the moneys hereby secured, or to maintain or preserve this security, shall be a charge on the said lands in favor of The Company, and shall be payable forthwith, with interest at the rate of eight per centum per annum until paid, and in default the power of sale hereby given shall be exercisable, and that all interest by this Indenture secured, on becoming overdue shall (as to payment of interest thereon at the firstly mentioned rate) be treated as principal money. Ann that neither the execution nor registration of these presents shall bind The Company to advance the said moneys: Rile' that The Company may at their discretion at all times release any parts of the said lands, or any other security for the moneys hereby secured, either with or without any consideration therefor and without being accountable to the Mortgagor s , or any other person, for the value thereof or for any moneys except those actually received by them, and without thereby releasing any other of the said lands or any of the covenants herein contained. INronfaea that in the event of non payment of the said principal moneys at the time or times above provided The Company or their assigns shall not be required to accept payment of said principal moneys without farat receiving six months' previous notice in writing or without being paid a bonus equal to three months' interest in advance on the said principal moneys. ,Rnb the parties hereto (other than The Company), on behalf of themselves and of all other persons who but for this clause may or might derive or claim to derive some benefit or advantage under the following statutory provisions or some one or more of them, do hereby waive and abandon `all -the, benefits and advantages which but for this clause would be conferred upon one or more of the said persona under the- ogowing--ata utory pro- " '"`'1064, visions, namely:—R.S.O. (1887), Cap. 102, Sec. 16; R.S.O. (1887), Cap. 143, Sec. 27, 28, 29 and 30; and all amendments thereof. Jn witness whereof, the said parties hereto have hereunto set their Bands and seals the day and year first above written. -4 �', 0 !Bignea, Zea[O ana Teliveria in the prooence of of the ✓�� �'-s-L dJ ���s 4 a-t ®' anD in the presence of ` �k-. of the y JaaL�`� acAd. .00� oo i ^0 7 a,a.l• _ i;:-rtrfy f�hat V-,�, Kof)ix10,r�;i In the Revislirq fr..� he County. of Or,.-.-.,. �52 fr,f the aelrreh 4e5 4'9i Plcmhsr fl o c�