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HomeMy WebLinkAbout92-579Dated' 189, Pori I Pro —TO— 11`Tnrty3<tlp To secure '�f - r5— per cent. Land situate in the efi. 'n the —� Count, Soid by ju—vn DOUSL, J,aW Stationer 58 Adelaide St. hasL, I uronlo 6'ofi nty of u, io Bouh 4 5-2 t h e 7e-,Vw) � pe cAa Ocltick 0i 1 &-� 6-en A. A NOTTO BE REGISTERED IN FULL. dr Wountv of of the in the To WIT: This name to to strictly in full —no initials — Coin of }Occupation or I addition snake oath and say I. ghat I was personally present and did see the within Instrument and Duplicate thereof duly signed, sealed and executed by — the parties thereto (That the said Instrument and Duplicate were so executed at the / ' L�?/ 2. _ of in the — of 3. 194at I know the said a and that�V-is-oAr the full age of twenty-one years. 4. 94at I am a subscribing witness to the said Instrument and Duplicate. gttvnrn before nae at the of /ice in the o _ f _ _ this l / - —day of �j in the year of our Lord 189 �f / / I ,A Commissioner, &c. 1 - Sold L1 made the and ninetyAOVMZ of _ 1t�Q day of one thousand eight hundred 4n puronvince of i17e Att rJeop"txtzng S17art hereinafter called the Mortgagors of the FIRST PART and �14CA0� elf reinafter called the Mortgagee 5 of t it e SECOND PART and J 450txlr u 1 141: - of the said Mortgagorsof the THIRD PART the said Mortgagors Atz-111a seized in fee simple of the lands hereinafter described. U, OW tilt ct fO rt tljz,5 �nbtl-VtUrte that in consideration of Dollars of lawful money4 Canada now paid by the said Mortgagee 5 to the said Mortgagors (the receipt where)£ is hereby acknowledged) the said Mortgagors D0 — 6vant anb orjrxgE unto the said Mortgageesfhheirs, execu/to�rs, administrators and assigns f�orye/y,�rl( tlrvxcertain parce or tract s of land situate in therZ CZ ts�� ol 1 3 ,:vim the said party of the third part the wi of the said Mor agorshere y Rars her Dower in the said lands. 7 Vrabibeb this Mortgage to be void on payment of -Dollars of lawful money of Ca I with interest to be computed from date hereof at per cent. as follows: OOF *t4@ mid-pr-ioeipal som am tke d t -cf n„P rho, s aaad laimety 11 ,•_.,,_,.. t hai`, k1 on the -� day/of aad in each year until the principal be fully paid (as well atter as before maturity) the first payment of interest to be made on the -- day of .�� � � next (189? ) arrears of both principal and interest to bear interest at the rate above mentioned and such interest on arrears to be a charge on the land in the same manner as all other moneys hereby secured. The said several payments of principal and interest to be made in gold if required. And taxes and performance of Statute Labour. ►l4vr said Mortgagors covenant with the said Mortgagees that the Mortgagors will pay the mortgage money and interest and observe the above proviso. That the Mortgagors hac e, a good title in fee simple to the said lands. And that -Zhey hag*( the right to convey the said lands to the said Mortgagee s. And that on default the Mortgagees shall have quiet possession of the said lands free from all incumbrances. And that the said Mortgagors will execute such further assurances of the said lands as may be requisite. And that the said Mortgagors. ham done no act to incumber the said lands. And that the said Mortgagors will insure the buildings on the said lands to the amount of not less than the principal money hereby secured in dollars currency. Provided that if and whenever such sum be greater than the insurable value of the buildings such insurance shall not be required to any greater extent than such insurable value and if and whenever the same shall be less than the insurable value the Mortgagees � h executors, administrators or assigns may require such insurance to the full insurable value. And (without prejudice to the foregoing statutory clause) it is further agreed that the Mortgagees #ham executors, administrators or assigns may require any insurance of the said buildings to be cancelled and a new insurance effected in an office to be named by him or them and also may of his and their own accord effect or maintain any insurance herein provided for and any amount paid by him or them therefor shall be forthwith payable to him and them with interest at the rate aforesaid by the M'ortgagorr -.ch e.ir heirs, executors, administrators and assigns and shall be a charge upon the land. An'tr the said Mortgagor S do release to the eid Mortgagee a1J� claimstIon the, said lands. Subject to the said proviso. The said Mortgagors fors �,, heirs, execut0 , administrators and assigns covenant — with the said Mortgagees -`h r.,;, 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's or those claiming under -Ch 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 Mortgagees i h z,-*� executors, administrators or assigns forthwith become due and payable and in default of payment the powers of sale hereby given may be exercised. ,AlAb the Mortgagee s -,6 h •tom heirs, executors, administrators and assigns may from time to time make such repairs as they may deem requisite or proper and the amount thereof shall be added to the principal and bear interest at the said rate and shall be forthwith payable. JJrO) ;bx,-br that the said Mortgagee 5 on default of payment for two months may, on one month's notice, enter on and lease or sell the said lands. And provided also that 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 tinder the said power may be varied or rescinded. And also that the said Mortgagee - h .'w executors, administrators 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. 14rovibeb that the Mortgagees may distrain for arrears of interest. Provided that the Mortgagees' 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 shall become payable. 11rovibEb that the hereinbefore mentioned notice of exercise of power of sale or lease, or either, may be effectually given either by leaving the salve 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 Mortgagees 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, unascertained, 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 Mortgagees may tack them to the Mortgage debt. 1provibEb that the purchaser shall in no case be boun3 to ascertain that the default has happened under which the Mortgagee 6 lie..'_ heirs, executors, administrators and assigns claim to lease or sell and that the remedy of the Mortgagors -7eh -.— . heirs, executors, administrators or assigns shall be in damages only, and the sale under the said power shall not be affected. _ DrOVibB$ that until default of payment the Mortgagors shall have quiet possession of the said lands. Anb the Mortgagors hereby attornj to the MortgageeS . and become tenant, of the said lands during the term of this mortgage at a rent equivalent to and payable at the salve days and times as the payments of interest are hereinbefore agreed to be paid, such rent when so paid to be in satisfaction of such payments of interest. Provided the Mortgagees may in default of payment or breach of any of the covenants hereinbefore contained, enter on the said lands and determine the tenancy hereby created without notice. t Yij�ifF� that the Mortgagees-thr,«+ executors, administrators or assigns may satisfy any charge now or hereafter existing or to arise or be claimed upon the said lands and the amount so paid shall be added to the debt hereby secured and bear interest at the same rate and shall be forthwith payable by the Mortgagors t he-Lwheirs, executors, administrators or assigns to the Mortgagees -Eh L:•w executors, administrators and assigns and in default of payment the principal sum hereby secured shall become payable and the powers of sale hereby given may be exercised forthwith without any notice. And in the event of the Mortgagees-Ee.::,executors, administrators or assigns satisfying any such charge or claim either out of the money advanced on this security or otherwise he and they shall be entitled to all the equities and securities of the person or persons so paid off, and are hereby authorized to retain any discharge thereof without registration for a longer period than six months if they think fit to do so. ,Anb it is 8greeb anb >bttl:lreb that every part or lot into which the mortgaged lands are or may hereafter be divided does and shall stand charged with the whole of the moneys hereby secured and no person shall have any right to require the mortgage moneys to be apportioned upon or in respect of any such parts or lots and the Mortgagees -e-hs:•.-executors, administrators and assigns may discharge any part or parts from time to time of the mortgaged lands for such consideration as he or they shall think proper or without consideration if he or they see fit and no such discharge shall diminish or prejudice this security as against the lands remain- ing undischarged or as against any person whomsoever. d Anb Also it is apreeL) that if the said principal or any part thereof be not paid at maturity the Mortgagors --eh heirs, executors, administrators or assigns shall not be at liberty to pay tl me except after three months' notice in writing to the Mortgagee _T 11 executors, administrators or assigns, or upon the payment of three months' interest in lieu of such notice. _ - `� � O - o•--o .. , a - 0 o r, �- - - — — — — - - AZ-o 'jD tnC_q,5 3a4trtaf the said parties have hereunto set their hands and seals. I�iTt , 1�taleh anb Deliittrelb �\ 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. � �' r ✓ A w h � � Re��,'atr� d�o� �ntatls; A Certificate ptporting to be discharge of This N age is duly Rebistered t � ._:-.....-.day of N W A.D. 190&--. in fob as No.~ v Registrar, N N r 1 H o y v � y 4 '" "ARV N a • N