shall invalidate any sale or lease hereunder, or purporting to be made hereunder, but the vendor alone shall be responsible, and the above powers, together with all other powers in this mortgage contained, may be exercised by assigns of the mortgagee, and against the heirs, executors, administrators and assigns of the mortgagor.

It is also agreed between the mortgagor and the mortgagee, that the mortgagee may pay all taxes, rates or levies which are now or may hereafter be levied, charged or imposed against said lands, and any levy or mortgage tax or income tax imposed or that may be imposed on this mortgage or on the mortgagee in respect of this mortgage or the moneys hereby secured or in respect of said lands, and may also pay any liens, charges or encumbrances which may exist on said lands at any time during the existence of this security, and any moneys for insurance against damage by fire, tempest, lightning or for hail insurance of crops on said lands, and may also pay costs and charges of and incidental to bringing the said lands under the act entitled "The Real Property Act," and any amendment thereto, or any act in substitution thereof, and all sums so paid, together with all costs, charges and expenses which may be incurred in the taking, recovering and keeping possession of said lands or inspecting the same and generally in any other proceedings taken to realize the moneys hereby secured or perfecting the title to the said lands, shall be a charge upon the mortgaged property in favor of the mortgagee and shall be payable forthwith to the mortgagee or assigns, with interest at the rate of eight per centum per annum till paid, and in default of payment thereof the whole sum hereby secured shall, at the option of the mortgagee, immediately become due and payable, and the power of sale hereby given shall be exercisable in addition to all other remedies. And the mortgagor doth hereby agree to pay to the mortgagee or assigns any sum or sums of money which, in addition to the said principal sum hereby secured, the mortgagee may pay for the purpose of satisfying and paying off any balance of purchase price, mortgage, lien, charge, encumbrance or other claim that may be outstanding against the property in order to perfect the title to the said lands or any part thereof and make this mortgage a first charge and encumbrance thereon, (the propriety of paying out any said further sum to be a matter upon which the decision of the mortgagee shall be absolute and final), any such sum or sums so paid to be repaid to the mortgagee by the mortgagor at the time fixed hereby for the next payment of interest maturing under this mortgage after the time of such payment, with interest at the rate of eight percentum per annum, and in default, the power of sale hereby given shall be exercisable in addition to all other remedies. 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, whether any such charge or encumbrance have or have not been discharged.

And that the mortgagee may at his discretion at all times release any part or parts of the said lands, or any other security for the moneys hereby secured, either with or without any consideration therefor, and without being accountable for the value thereof or for any moneys except those

actually received by him, and without thereby releasing any other of the said lands or any of the covenants herein contained.

And that upon the mortgagor, or those claiming under him committing any act of waste upon said lands, or doing any other thing by which the value of the said lands shall or may be diminished, or failing to remain in the actual personal possession of the said lands, or making default as to any of the covenants or provisions herein contained the principal and interest hereby secured shall, at the option of the mortgagee, forthwith become due and payable.

And it is hereby declared and agreed that all erections, machinery, plant, buildings and improvements, fixed or otherwise, now or hereafter put upon the said premises, are and shall, immediately upon being put on the said premises, become fixtures and a part of the realty and form a part of this security.

The mortgagor agrees that neither the execution or registration of this mortgage, nor the advance in part of the moneys hereby secured shall bind the mortgagee to advance the said moneys or any unadvanced portion thereof. It also agreed that if the sum hereby secured, or any part thereof, shall not be advanced to the mortgagor at the date hereof, the mortgagee may advance the same in one or more sums to or on behalf of the mortgagor at any future date or dates, and the amount of such advances when so made shall be secured hereby and repayable with interest as above provided, and shall be considered and treated as having been so secured and advanced as at the date hereof.

And the mortgagor covenants with the mortgagee or his assigns that the mortgagee or his assigns at such time or times as they may deem necessary, and without the concurrence of any person, may make such arrangements for the repairing, finishing and putting in order any building or improvements on the mortgage premises, and for inspecting, taking care of, leasing, collecting the rents of and managing generally the mortgaged property as they may deem expedient, and all reasonable expenses, costs or charges, including allowance for the time and service of any officer of mortgagee or other person appointed for any of the above purposes shall be forthwith payable to the mortgagee or his assigns, and shall be a charge upon the mortgaged property and shall bear interest at the rate of eight per centum per annum until paid.

Provided also that upon and after default in payment of any of the moneys hereby secured or payable under these presents from time to time, the mortgagee shall be entitled to send an inspector or agent to inspect and report upon the value, state and condition of the mortgaged land at the mortgagor's expense, and all expenses incurred and paid in so doing, together with all costs and charges between solicitor and client which the mortgagee may incur or pay in enforcing or attempting to enforce all or any of the remedies and powers given hereby or subsisting for the recovery of the moneys hereby secured, or any part thereof, whether the proceedings taken prove abortive or not, and of, in and about taking, recovering and keeping or attempting to procure possession of the said lands, or any part thereof, shall form and be a charge upon the said lands, and payable forthwith to

the mortgagee, and shall bear interest at the rate aforesaid from the time of payment of the same as upon principal money advanced upon the security of these presents.

Provided also that all moneys, payments, costs, charges and expenses whatsoever, which are by these presents charged or to be charged or chargeable upon the said lands shall be considered as mortgage money and interest, and default in payment of the same or any part thereof from time to time shall be a breach of the covenant for payment of the mortgage moneys and interest herein contained and shall also entitle the mortgagee to exercise the power of sale and all other powers and remedies contained in these presents or subsisting for recovery of the mortgage moneys and interest or any part thereof from time to time.

It is further agreed that the heirs, executors, administrators and assigns of the respective parties are bound by the covenants and stipulations herein contained and that all covenants herein contained are to be construed as both joint and several.

In Witness Whereof the said parties have hereunto set their hands and seals.

Signed, Sealed and Delivered in the presence of

(Having been first read over and explained.)

1. That I was personally present and did see the within instrument and duplicate duly signed, sealed and executed by each of the parties thereto. 2. That the said instrument and duplicate were executed at

3. That I know the said parties and am satisfied that

full age of twenty-one years.

of

is of the

4. That I am a subscribing witness to the said instrument and duplicate. Sworn before me at the in the Province of Manitoba, in the year of our Lord 19.

this

day of

A Commissioner for taking Affidavits in B. R., Etc.

MISCELLANEOUS FORMS.

(272.)

A Promissory Note, to be Secured by Mortgage.

years after date, for value received, I promise to pay to dollars, with interest at the rate of

payable semi-annually.

19.

per cent. per annum,

This note is secured by a deed of mortgage of even date herewith from

to

Witness.

to be recorded in

Registry of Deeds.

(Signature.)

(2733)

Bond, to be Secured by a Mortgage.

Know all Men by these Presents, That I (name of obligor) of

in the sum of (penalty usually twice as much as the actual debt, to be paid to the said (the obligee) his executors, administrators, or assigns, and to this payment I hereby bind myself, my heirs, executors, and administrators, firmly by these presents. in the year

Sealed with my seal, this

day of

The Condition of the above obligation is such, that if I, the said (name of the obligor), or my heirs, executors, or administrators, shall pay or cause to be paid unto the said (name of the obligee) his heirs or assigns the sum of (here insert the amount of the debt or sum to be secured) on the day of in the year with interest at per cent., payable six months from the date hereof, and every six months afterwards, until the said sum is paid, then the above obligation shall be void and of no effect, and otherwise it shall remain in full force. And I further agree and covenant, that if any payment of interest be withheld, or delayed for days after such payment shall fall due, the said principal sum and all arrearage of interest thereon, shall be and become due immediately on the expiration of days, at the option of the said (obligee) or his

executors, administrators or assigns. Witness.

(Signature and Seal.)

This bond is secured by a deed of mortgage of even date, made by said

to said

and to be recorded in

(274.)

Registry of Deeds.

Assignment of Mortgage.-Massachusetts Form.

Know all Men by these Presents, That I (name, residence, and occupation of the assignor) the mortgagee (or assignee of the mortgagee) named in a certain mortgage deed, given by (name, residence, and occupation of the mortgagor) to (name of mortgagee) to secure the payment of dollars, dated the hundred and

County of

day of

recorded in the

-

in the year of our Lord nineteen registry of deeds for the lib. fol. in consideration of the sum of dollars to me paid by (name, residence, and occupation of buyer and assignee) the receipt whereof is hereby acknowledged, do hereby sell, assign, transfer, set over and convey unto said (name of assignee) and his heirs and assigns, said mortgage deed, the real estate thereby conveyed, and the promissory note, debt, and claim thereby secured, and the covenants therein contained.

To Have and to Hold the same to him the said (name of assignee) and his heirs and assigns, to his and their use and behoof forever; subject nevertheless to the conditions herein contained, and to redemption according to law.

day of

and State of with all and singu

Know all Men by these Presents, That I (name, residence, and occupation of assignor) of the first part, for and in consideration of the sum of lawful money of the United States of America, to me in hand paid by (name, residence, and occupation of assignee) of the second part, at or before the ensealing or delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, sell, assign, transfer, and set over unto the said party of the second part, a certain indenture of mortgage, bearing date the one thousand nine hundred and made by and between (nere describe carefully the mortgage assigned, giving the names of the parties and the description of the premises mortgaged, as described in the mortgage). And recorded in the office of the Register of Deeds of the County of Michigan, in Liber of Mortgages, at page lar the premises therein mentioned and described, together with the (note, bond, or debt) or obligation therein also mentioned, and the moneys now due, or to become due, and the interest that may hereafter grow due thereon. To Have and to Hold the same unto the party of the second part, his heirs and assigns forever, subject only to the proviso in the said indenture of mortgage mentioned. And I do hereby authorize and appoint the said party of the second part, my true and lawful attorney, irrevocable, in my name, or otherwise, but at his proper costs and charges, to have, use, and take all lawful ways and means for the recovery of the sum or sums of money now due and owing, or hereafter to become due and owing, upon the said note and mortgage; and in case of payment, to give acquittance or other sufficient discharge, as fully as I might or could do if these presents were not made; and I do hereby for myself and my heirs, executors, and administrators, covenant, promise, and agree to and with the said party of the second part, that there is due upon the said note and mortgage the sum of and that I have good right and lawful authority to grant, bargain, and sell the same in manner aforesaid. Signed, sealed and delivered the

day of

In Presence of

(Signature.) (Seal.)

The Illinois form is substantially the same as that of Michigan. The New York form also is similar, but does not include a description of the premises, otherwise than by reference to the mortgage deed-but does include the date of record.