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HomeMy WebLinkAbout92-596DATED ' �� ;>�. A.D. 191 E; P A R K I H --TO— P A R K I N Miartgay (LONG SPECIAL) United Typewriter Co., Limited, Toronto Not to be Recorded in full. 922 e. Z CMUSTIAN, Barrister, Etc. WHITB 11, MT. CANADA Province of Ontario ,•�J � (/ of of the J of in the ' t� of `i/ make oath and say To WIT: 1. Mhat I was personally present and did see the within Instrument and a Duplicate duly signed, sealed and executed,, by IF VV� the parties thereto. 2. M4at the said Instrument and plicate were executed by the said part -Z-" at the of —6)—� 3. 94at I know the said part -&Ga 4. 94at I am a subscribing witness to the said Instrument and Duplicate. SWORN before me at the of in the �P this a day of A.D. 191 (D . o • A A.A. MIS�IAN, WHITBY, 0.4t. V ,.�i 2 -1922 Form 106—MORTGAGE SPECIAL. United Typewriter Co., Limited, Toronto. S-3-14-442 OVI (�ij made (in duplicate) the F irc t day of T'lay one thousand nine hundred and Sixteen. In pursuance of Ube %bort Forms of Mortgages Act, BETWEEN: VICTOR GILBERT PANy of the Township of Pickering in the County of Ontario, Farmer, hereinafter called the Mortgagor of the FIRST PART "ARON PATZIN of the City of Toronto in the County of York, Retired Farmer, hereinaftea called the Mortgagee of the SECOND PART, and HATH.4R?TZR FLOF.ETdC% P ^.RRIN the wife of the said Mortgagor of the THIRD PART WHEREAS the said Mortgagor is seized in fee simple of the lands hereinafter described. NOW THEREFORE -THIS INDENTURE WITNESSETH that in consideration of -- - - -- - - - - - - - - - - ----- FOUR THOUSAT'D SFVMT HUNDR3?----------- Dollars of lawful money of Canada now paid by the 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, ALL t1h at certain parcel or tract of land and premises situate lying and being in the TOWNSHIP OF PICKERIITG in the County of Ontario and being comioosed of the NORTH H.: F of Lot Number FOUR in the Fifth Concession of the said Township of Pickering containing by admeasurement One hundred aeries more or less. AND the said wife of the said Mortgagor hereby bars her Dower in the said lands. PROVIDED this Mortgage to be void on payment of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOUR T HOUS 'AND S 1"VrN 11-MR:0 with interest (to be computed from the date hereof as follows The sum of �125. on account May hereafter for nine years and the monies on the 1st. day of May 1926. - - - - - - - - Dollars of lawful money of Canada --- ) at FIVE per cent. (per annum) of principal on each lst. clay- of balance of said principal and interest half -yearly on the First days of Nov ember and Ilay in each year until the principal be fully paid (as well after as before maturity and both before and after default), the first payment of interest to be made on the Fir st day of November (next) 19 16 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 and to be considered as principal. 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 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 incumbrances. And that the said Mortgagor will exe- cute such further assurances of the said lands as may be requisite. And that the said Mortgagor has done no act to ineumber the said lands. And that the said Mortgagor will insure the buildings on the said lands to the amount of not less than their insurable value in ----- dollars of lawful money of Canada. 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 effected in a company 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 and be forthwith pay- able 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 nature and description thereof respectively and that in case of neglect to do so or if the Mortgagor or those claiming under him commit 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, in -the same manner as if the principal money hereby secured were in default. AND the Mortgagee may from time to time make such repairs 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 two weeks' notice enter on and Ilease 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 entry, leasing or sale or any of them without any notice. And that the costs of any sale proceedings hereunder, whether such sale prove abortive or not, and any costs, charges and expenses incurred in inspecting the said premises (which the Mortgagee shall be entitled to do) or about taking, recover- ing 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 principal and bear interest at the said rate and shall be a charge on the lands and shall be payable forthwith with interest as aforesaid, and in default of payment the power of sale hereby given shall be exercisable, in the same manner as if the principal money hereby secured were in default. 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 reason- ably obtained therefor, and may make any stipulations as to title or otherwise which he shall think proper. And may buy in or rescind or vary any contract of sale of any of the said lands and resell without being answerable for loss occasiohed thereby and for any of said purposes may make and execute all agreements and assurance 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 or to enquire as to the propriety or regularity of any sale or lease hereunder, and no want of notice or publication when required hereby shall invalidate any sale hereunder as against the purchaser, but the remedy of the Mortgagor shall be in damages only and any sale or lease hereunder shall not be affected. PROVIDED that the hereinbefore mentioned notice of exercise of power of sale or lease, or either, may be effee- tually 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 City, Town or 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. 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 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 the Mortgagor hereby attorns to the Mortgagee and becomes a 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 payments of interest. Pro- vided the Mortgagee 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. IT IS AGREED 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 interest at 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 securi- ties of the person or persons so paid off, and is hereby authorized to retain any discharge thereof without regis- tration for a longer period than six months if he thinks fit to do so. AND IT IS AGREED AND DECLARED that every part or lot into which the mortgaged lands are or may here- after 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 mortgaged money to be apportioned upon or in respect of any such parts or lots, and the Mortgagee may discharge any part or parts from time to time of the mortgaged lands for such consid- eration as he shall think proper or without consideration if he sees fit and no such discharge shall • diminish or prejudice this security as against the lands remaining undischarged or as against any person whomsoever. AND IT IS AGREED that neither the execution nor the registration of these presents shall bind the Mortgagee to advance the moneys or any portion of the moneys still to be advanced. 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. AND that all moneys hereby secured shall be paid in gold coin of the present standard value legally current in Canada, if required. AND that the provisions of Chapter 51, Part 2, 10 Edward VIL, Statutes of Ontario, and any amendment or revision thereof, are not to apply hereto. AND it is further declared and agreed that the words "Mortgagee" and "Mortgagor" wherever used in this Indenture shall, when the context allows, include and be binding on not only the said parties hereto, but also on their respective heirs, executors, administrators and assigns. AND it is further agreed by and between the parties hereto that wherever the singular and masculine are used throughout this mortgage the same shall be so construed as if the plural or the feminine had been used where the context or the party or parties hereto so require, and the rest of the sentence shall he construed as if the grammatical and terminological changes thereby rendered necessary had been made. pROVID2i,D that the Hortgagor shall have the privilege of paying any greater sum on account of principal monies than is herein provided on any 1st. day of 'jay during the currency of said Mortgage. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals. ftarb, Oralrb nub 19rliurreb IN THE PRESENCE OF v U Having first been read over and explained the /�L2% Mortgagor and his wife, both of whom appeared / fully to understand its contents. P! y NO Reeorded in Fu1L -.-TT- -' Comfy that the within ftstrument is duly en l ttrad re, gistere,d in the I se Of w,e for the Pxdistrry Divis" ;z of e Country of Ontario ,n </ �,4i for the 6. JI A'eloek C::Zminutes ajit Of the PG dabf 0f��,B.D.1�1�0 ezo LA