HomeMy WebLinkAbout92-590DATED s& /4 ","4 190
Mortgage
to sccure $/]SD --
Newsome & Gilbert, Law Stationers, Toronto.
NOT TO BE REGISTERED IN FULL.
Solicitors for Mortgagee.
DOW & MCGILLIVRAY,
BXRRISTERS, SOLICITORS, NOT'ARIE%, ETC.
WHITBY, ONT.
Tom, f
-Cc/Z,G4
TO -WIT:
�L*is mine to be atr' tly in full, Initials.of'the Cti of
1 r
in the County of
}Occupation or addition.
make oath and say :
I. THAT I was personally present and did see the within Instrument and a Dupli-
cate thereof duly signed sealed and executed by
4—of the parties thereto. ,
2. THAT the said Instrument and Duplicate were so executed at the
of ` in the County of
3. THAT I know the said part "`7
4 THAT I am a subscribing witness to the said Instrument and Duplicate.
SWORN before me at the
of in the
County of
this day of
A.D. Igo
A����y L_
f(3�,.f^l:1nfT `�i'a'11r��t�"^i`aQ a �'A1 • i 1 ^�/`P t
Newsome & Gilbert, Law Stationers, Toronto.
m3
one thousand nine hundred and
2
day of
In Pursuance of tht act respecting Short f orms of f or#ga.ges :
r 71
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:
xtne55etll, that in consideration ofC-4'a A�
Dollars of lawful money of Canada
now paid by the said Mortgagee to the said Mortgagor (the receipt whereof is hereb acknowledged)
THE said Mortgagor DO .GRANT and Mortgage unto the said Mortgagee heirs,
executors, administrators and assigns forever.
ALL AND SINGULAR th(e_certain parcelq or tract p of Iand and premises situate, lying and being in the
of in the County
of and Province of Ontario, and BEING COMPOSED of
17
0cA-C-? .7
T J
I V ✓w
AND the said A-V wife of the said Mortgagor
hereby bars her dower in the atd lands. (('
PROVIDED this Mortgage to be void on payment of 'S/
Dollars in Gold
or its equivalent of lawful money of Canada, with interest to be computed from the date hereof at h6 a cc�J
per cent. per annum after as well as before maturity, and both before and after default,
as follows:
JAA
together with interest at the rate aforesaid on all principal moneys from time to time remaining unpaid payable
yearly on every day of -arm--
11 until the whole of the moneys hereby secured s a] ave been fully paid and satisfied,
the first Elf such paynients of inter st to become due and be paid on the
day of / 0 next after the date hereof ; and upon payment of interest on all interest in
arrear as hereinafter provided ; nd taxes and performance of Statute labor.
THE SAID MORTGAGOR COVENANTS with the said Mortgagee
THAT 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 incumbrances.
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.
AND that the said Mortgagor will insure the buildings on the said lands to the amount of not less than the full
insurable value thereof in 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 the said renewal premiums or keep said insurance alive, or notify the Mortgagor as to same,
or do anything in connection therewith.
AND the said Mortgagor do -release to the said Mortgagee all 4 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 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 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.
PROVIDED thai. 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, 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 or any other proceedings taken to realize the moneys hereby
secured or to enforce this mortgage shall become a charge upon the lands, and the Mortgagee may tack them to the
Mortgage debt.
PROVIDED that the purchaser shall in no case be bound to ascertain that the default has happened under which the
Mortgagee clai to lease or sell, or that notice has been given, or to enquire into the legality or regularity of any
such sale, but the rem of the Mortgagor, 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. Provided also that the above powers of entry, lease or sale may
be exercised by the executors, administrators or assigns of the said Mortgagee and against the heirs, executors,
administrators or assigns of the said Mortgagor.
AND the Mortgagor attorn(to and become tenant at will to the Mortgagee until the whole amount of
principal, interest and other moneys secured y 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.
PROVIDED that the Mortgagee may distrain for arrears of interest in all respects as a landlord in Ontario under a
tenancy created prior to October Ist, 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.
PROVIDED that until default of payment the Mortgagor shall have quiet possession of the said lands..
AND it is hereby agreed between the parties hereto, that the Mortgagee may pay and satisfy any prior lien charge or
encumbrance as well as all taxes, rates and liens charges and encumbrances which shall, from time to time, hereafter fall
due and be unpaid, or payable in respect of the mortgaged premises, and charge such payments, with interest at the rate
aforesaid, from the date, of such payment till paid 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 by the said Mortgagor to the said
Mortgagee forthwith with interest at the rate aforesaid, and in default the powers 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.
AND ALSO it is agreed that if the said principal or any part thereof be not paid at maturity the Mortgagor shall
not be at liberty to pay the same except after three months' notice in writing to the Mortgagee 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 after as well
as before maturity till paid, and shall be a charge upon the said lands.
THE Mortgagor agree that neither the execution nor registration of this Mortgage shall bind the Mortgagee
to advance the moneys hereby -secured - --
PROVIDED also that the said Mortgagee may release any parts of the said lands from this mortgage at any time at
discretion either with or without any consideration therefor, without being accountable for the value thereof or for any
moneys except the amount actually received by the said Mortgagee and without thereby releasing any other part of
the said lands or any person surety or security from this mortgage or from any of the covenants herein contained.
AND it is hereby declared and agreed that " Mortgagor" and " Mortgagee" wherever used herein shall where the context
allows include and extend to as well as be binding upon the heirs, executors, administrators and assigns of the
parties hereto.
flt elutl.itllt.g.S l'UkCLhtUGf the said parties hereto have hereunto set their hands and seals.
Signed, t9ealed and Delivered
IN THE PRESENCE OF
Having been first read over and explained to the Mort-
gagor and his wife, both of whom appeared fully / v
to understand its contents.
Iola
1tiTo R ng�s —eyed in Full.
I (,'ervjL( that the mithar,
Instruwn.t is drily entered and
Regigtered in the Registry Office
for the Count
9 of Ontario i,-t Book
3'9?for the �e�1 )p
at o'clock 31 min�ctes Pz., of the
(dayof c7n��, A. D. 1�e,
dumber J123 /1..
a
�I s
Registry Ofiiee, Outarle,
A Certificate purporting to, be
discharge of this Mortgage it di,
Registered this...
�.........., day .
in Book .A.e&!k_._. for._.
as