HomeMy WebLinkAbout92-584Dated 189
NoRtc'7ACIE
To secure
Newsome Co.. Law St 'ones, Toronto.
2t
Not to be registered in full
Solicitors for Mortgagee.
DOW & MCGILLIVRAY,
BARRISTERS, SOLICITORS &c.
WHITBY, - - - ONT.
y
onntg Q /9 p *This name to be strictly in full, no Initia!s.
• 1 c (�
VXa"'c,, of the
of J r
in the County of
+Occupation or addition.
�o Sit: �` ` `'��� � make oath and say:
Ist. THAT I was personally present and did see the within instrument and a duplicate thereof duly si ned,
sealed and executed by ' la A -c--i i4� Ct-ti-vD
of the parties thereto.
21id. THAT the said Instrument and Duplicate were so executed at the �e* of
in the County of iQ
3rd. THAT I know the said part L-C,
4th. THAT I am a subscribing witness to the said Instrument and Duplicate
,form be ore me at the 16 It I
Of _ in the County of
day of
A.D. 18q
A Commissioner, &c.
III
Newsome & Co., Law Stationers, Toronto I
made in duplicate the clay of
� p
one thousand eight hundred and ninety-
q ourstlance of thl'Jct respecting short orm� of ortgxgf�
ate
0-�
hereinafter called the Mortgagor of the FIRST PART
hereinafter called the Mortgagee of the SECOND PART
wife of the said Mortgagor, of the THIRD PART:
r �J
WjtUtOotth that in consideration of J� �J
Dollars of lawful money of Canada
now paid by the said Mortgagee to the said Mortgagor (the receipt whereof is hereby acknowledged)
Xttg said Mortgagor go K (grant and VYortp ge unto the said Mortgagee
heirs, executors, administrators and assigns forever.
,SXX Ad jxagUlAT tha certain parcel or tract of land and premises situate, lying and being in
the of t� c in the County
of and Province of Ontari�and BEING COMPOSED of
`z1os'
-- --
II
am
jud the said /4t'� wife of the said Mortgagor
hereby bars her dower in said lands. And agrees with the said Mortgagee h L, 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.
i 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 �1J Cam`
per cent. per annum as follows :
47�4� 0-,( 1 e_e'—'� ��� �G SAA& dEl�x—li�r
together with interest at the orate foresaid on all principal moneys from time to time remaining unpaid payable
/
yearly on every 9�/ day of Ae an4-
until the whole of the moneys hereby secured shall h� fully paid and satisfied,
the first of such payments of interest to become due and be paid on the
day of F cu /�99 neat after the date hereof ; and upon payment of interest on all interest in
arrear, as hereinafter provided ; And taxes and performance of Statute labor.
(` ht Md NOTt#aAOV 6017VURUtO with the said Mortgagee
THAT the Mortgagor will pay the Mortgage money and interest, and observe the above proviso.
THAT the Mortgagor ha S a good title in fee simple to the said lands :
AND that he ha S 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 encumbrances.
AND that the said Mortgagor will execute such further assurances of the said lands as may be requisite.
AND that the said Mortgagor ha S done no act to incumber the said lands.
tj that the said Mortgagor will insure the buildings on the said lands to the amount of not less than
G�cu ("L'd-tt�tater fCC 6-eQ t& it 6'/ L<-1 dollars currency, and PROVIDED that the Mortgagee may
insure the same 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 O'said renewal premiums or keep said insurance alive,
or notify the Mortgagor as to same, or do anything in connection therewith.
Jnd the said Mortgagor
to the said proviso.
do � release to the said Mortgagee all 4
claims upon the said lands subject
Brovided 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 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 under the said power
may be varied or rescinded. And also that the said Mortgagee h t,o 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.
Movided 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, unagcertained, p 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.
efevtded that the vurchaser shall in no case be bound to ascertain that the default has happened under which the
Mortgagee It t�o 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 c o
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.'wrtQ
4an the Mortgagor do /k for > �.-� Ctca 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 hereinbefore contained.
*,";rovidgd 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 shall become payable.
Drovided that until default of payment the Mortgagor shall have quiet possession of the said lands.
"d 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 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.
fhe said Mortgagor for heirs, executors, administrators and assigns, covenant with
the said Mortgagee h -3 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 descriVtion thereof
respectively and that in case of neglect to do so or if the Mortgagor or those claiming under h — 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 hL_3 executors, administrators or assigns forth-
with become due and payable, and in default of payment the powers of sale hereby given may be exercised.
� nd also it is agreed that if the said principal or any part thereof be 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 h`_o executors, administrators or assigns, or upon the payment of three months'
interest in lieu of such notice.
Brovided 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.
Ehq Mortgagor agree S that neither the execution nor registration of this Mortgage shall bind the Mortgagee
to advance the moneys hereby secured.
vffn4ss f lCrtOf the said parties hereto have hereunto set their hands and seals.
igned, Weakd and 1holiverrd
IN THE PRESENCE OF
v/ 1
Having been first read over and explained to the Mortgagor and his
wife, both of whom appeared fully to understand its contents.
1 ew212a
)Q �-
*I
Ste;
OIA
that (h ' e Kff t'tf
'b rti i, duly pTtt?red av
";t'1 'tI 113 A R, gistr{/
e County of OWari'o in Buu;.
,�52 J'or the .%r,%z,�O Re
oclocA' Se mal.uIe9 �-,�% of th,
dayof .ems A. D. 18pr
"timber j 3 3 S
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