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HomeMy WebLinkAbout92-595DATED MAY A,D. 1913 THOMAS X1ZVX11Y and Wife TO J. W. LAMORXAUX ki( / II , '� L. F. N0. 2. Cloke & Son, Stationers, Hamilton, NOT TO BE RECORDED IN FULL Solicitor for Mortgagee. I Certify that the withiA Instrument is duly entered and registered in Pe, Re�sistry Office for tl.e Rei r:r Division o, ' t w Co u7; t y of Ontario in Book 1/ 21 for the . ✓�t.�%! at P- o W «ck <iS--ininutes 0� of the /V ciuy of J.D. 1941 Grp A. E. Chri st i an. CANADA 71DritInceof Ontarto >� of the �� of of in the of To WIT: make oath and say: 1. THAT I was personally present and did see the within Instrument and a Duplicate duly signed, sealed and executed by the parties thereto. 2. THAT the said Instrument and Duplicate were executed by the said part« at the tau.,, of in the L� of 3. THAT I know the said part �" 4. THAT I am a subscribing witness to the said Instrument and Duplicate. sworn before me at the doh Of in the of this 4ift A. D. 131 Cloke & Son, Limited, Law Stationers, Hamilton it made the Slav of '1AY one thousand nine hundred and Thirteen in pursuance of THE SHORT FORMS OF MORTGAGES ACT 13ETWEEN THO''dAS RLEVELEY of the To*nehip of Pickering in the County of Ontario, Farmer, hereinafter called the Mortgagor of the FIRST PART, and T.A30S WILMOT LAWREAUX of the City of Hamilton in the County of Wentworth, Manufacturer, ANNIE E. REEVELEY hereinafter called the Mortgagee of the SECOND PART, and the wife of the said Mortgagor, of the THIRD PART. WHEREAS he said Mortgagor is seized in fee simple of the lands hereinafter described. NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of One thousand Four hundred dollars of lawful money of Canada now paid by the said Mortgagee to the said Mortgagor, the receipt whereof is hereby acknowledged, the said Mortgagor DOTH GRANT AND MORTGAGE unto the said Mortgagee, his heirs, executors, administrators and assigns, FOR EVER, ALI, AND SINGULAR that certain parcel or tract of land and premises situate, lying and being 'I in the said Township of Pickering and being composed of the North half of the South half of Lot Number Twenty Two in the Third Con - cession of the Township of Pickering containing by admeasurement Fifty acres more or less and also the Westerly Forty two aC res of the North or rear half of said Lot Number Twenty-two in the Third Concession of the Township of Pickering saving and excepting thereout the lands heret6�conveyed to the Canadian Northern Ontario Railway Company and the Campbellford Lake Ontario and Western Railway Company AND the said party of the Third Part, the wife of the said Mortgagor, hereby bars her Dower in the said lands. PROVIDED this Mortgage to be void on payment of One thousand four hundred Dollars of lawful money of Canada with interest to be computed from the First day of Ap ri1 A. D. 1913 at f iTe per cent. per annum, as follows: The said principal sum to become due and payable on the First day of April One thousand nine hundred and eighteen together with interest thereon, as well after as before maturity, and both before and after default, at the rate of five per cent. per annum, payable half— yearly, on the Fi rst days of Ap ri and October in each and every year until the principal sum shall Havelen fully paid and satisfied. The first of said instalments of interest to become payable on the First day of October one thousand nine hundred and Thirteen and taxes and performance of statute labor. AND it is hereby agreed that in case default shall be made in payment of any sum to become due for interest, at any time appointed for payment thereof as aforesaid, compound interest shall be payable and the sum in arrear for interest from time to time, as well after as before maturity, shall bear interest at the rate aforesaid, and in case the interest and compound interest are not paid in six months from the time of default, a rest shall be made, and compound interest at the rate aforesaid shall be payable on the aggregate amount then due, as well after as before maturity, and so on from time to time, and all such interest and compound interest shall be a charge on the said lands. THE said Mortgagor covenants with the said Mortgagee that the said 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 said 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 furth er assurances of the said lands as may be requisite. AND that the said Mortgagor has done no act to encu mber the said lands. ND that the said Mortgagor will insure the buildings on the said lands to the amount of not less than heir full insurable value in dollars currency, AND [without prejudice to the foregoing statutory clause], it is further agreed that the -Mortgagee may require any insurance of the said buildings to be cancelled and a new insurance to be effected in an office to be named by him, and also may of his own accord effect or maintain any insurance herein provided for, and any amount paid by him therefor shall be added to the principal moneys and be forthwith payable to him with interest at the rate aforesaid by the Mortgagor and shall be a charge upon the said lands. AND the said Mortgagor doth release to the said Mortgagee all his claims upon the said lands subject to the said proviso. The said Mortgagor covenants with the said Mortgagee that he will keep the said lands and the buildings and improvements thereon in good condition and repair according to the noture and description thereof respectively, and that in case of neglect to do so or if the Mortgagor or those claiming under him com- mit any act of waste on the said land or make default as to any of the covenants or provisoes herein contained, the principal hereby secured shall, at the option of the Mortgagee, forthwith become due and payable, and, in default of payment, the powers of sale hereby given may be exercised, and that the Mortgagee may from time to time make such repairs o the buildings and fences upon the said lands as he 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 and shall be a charge on the said lands. PROVIDED that the said Mortgagee, on default of payment for One month 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 and such default continue for three months after any payment of either falls due, the Mortgagee may exercise the foregoing powers of leasing or sale or either of them without any entry or notice. PROVIDED 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 Mort- gagee by publishing the same twice in some newspaper published in the County or District 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 provided that the costs of any sale proceedings hereunder, whether such sale prove abortive or not, and all costs, charges and expenses incurred in inspecting the said premises (which the Mortgagee shall be entitled to do) or about taking, recovering or keeping possession of the said lands, or in enforcing the personal remedies under these presents, or by reason of non-payment or in procuring payment of the moneys hereby secured, shall be added to the principal and bear interest at the said rate and shall be a charge on the said lands and shall be payable forthwith with interest as aforesaid until paid, as well after as before maturity, and, in default of payment., the powers of sale hereby given shall be exercis- able, and that the Mortgagee may sell the said lands or any part thereof, by public auction or private sale and on such terms as to credit and otherwise as shall appear to him most advantageous, and for such price as can be reasonably obtained therefor, and may make any stipulations as to title or otherwise which we shall think proper, and may buy in or rescind or vary any contract of sale of any of the said lands and re -sell without being answerable for loss occasioned thereby, and for any of said purposes may make and execute all agreements and assurances as he shall think fit, and that the purchaser shall in no case be bound to ascertain that the default has happened under which the Mortgagee claims to lease or sell the said lands, or to enquire as to the propriety or regularity of any sale or lease hereunder, and no want of notice shall invalidate any sale hereunder as against the purchaser, but the remedy of the Mortgagor shall be in damages only against the Mortgagee and any sale or lease hereunder shall not be affected thereby. PROVIDED that the Mortgagee may distrain for arrears of interest. 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 interest hereby secured the principal secured shall become payable. PROVIDED that until default of payment• the Mortgagor shall have quiet possession of the said lands. PROVIDED that no extension of time given by the Mortgagee to the Mortgagor or any one claiming under him, nor any other dealing by the Mortgagee with the owner of the Equity of Redemption of said lands, shall in any way effect or prejudice the rights of the Mortgagee against the Mortgagor or any other person liable for the payment of the moneys hereby secured. AND the Mortgagor hereby attorns to the Mortgagee and becomes tenant of the said lands during the term of this mortgage at a rent equivalent to and payable on the same 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 pay- ments of interest. Provided the Mortgagee may on default of payment or breach of any of the coven- ants hereinbefore contained, enter on the said lands and terminate the tenancy hereby created without notice. PROVIDED ALSO that the Mortgagee may satisfy any charge: now or hereafter existing or to arise or be claimed upon the said lands and all amounts so paid or paid for insurance or repairs shall be added to the principal' and be a charge on the lands in the same• manner as all other moneys hereby secured, and shall bear ointerest at the said rate and shall be payable forthwith with such interest by the Mortgagor to the Mortgagee, 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 Mortgagee satisfying any such charge or claim either out of the money advanced on this security or otherwise, he shall be entitled to all the equities and securities of the person or persons so paid off, and he is hereby authorized to retain any discharge thereof without registration for as long as the Mortgagee may think fit so to do. AND IT IS AGREED AND DECLARED 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 part or lat, and the Mortgagee may from time to time discharge any part or parts, lot or lots, of the mortgaged lands for such consideration as he shall think proper or without consideration if he see fit, and no such discharge shall diminish or prejudice this security as against the lands remaining undischarged or as against any person whomsoever. PROVIDED that neither the execution nor the registration of these presents shall bind the Mortgagee to advance the moneys intended to be secured hereby. PROVIDED also that in the event of non-payment of the principal moneys, or any part thereof, at the time or times herein provided for payment of the same then the Mortgagor shall not require the Mortgagee to accept payment of the said principal moneys without paying a bonus equal to three months' interest, in advance, on the said principal moneys. AND that all moneys hereby secured shall be paid in gold coin of the present standard value legally cur- rent in Canada if required. AND it is further declared and agreed that the words "Mortgagor" and "Mortgagee," wherever used in this Indenture shall, when the context allows, include and be binding on and enure to the benefit of not only the said parties hereto, but also on their respective heirs, executors, administrators, successors and assigns. AND it is hereby agreed that the covenants herein contained on the part of the Mortgagor shall be con- strued as being several as well as joint. WHEREVER the singular and the masculine are used throughout this Mortgage the same shall be con- strued as meaning the plural or the feminine where the context or the parties hereto so require. PROVIDED the Mortgagor shall have the p riTilege of making payments on accoant of the principal suns hereby secured on the First da;r of April in any year during the currency of this mortgage IN WITNESS WHEREOF the said parties have herunto set their hands and seals. Zignea, f5ea[ea ana 3miverea, C--irm��P '��•ekiy 4,41-e DOMINION OF CANADAj PROVINCE OF ONTARIO rof the Of To WIT: 'in the of DO SOLEMNLY DECLARE that I was at the time of the execution and delivery by me of the within Instrument unmarried. And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the Game force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at the of in the Of this day of A. D. 191 t A Commissioner for taking Affidavits in H. C. J., &c.