With Special Clauses. 462. Chattel Mortgage, With Warranty of Title, Covenant to Pay the Debt, and Reservation of Right of Possession Until the Mortgagee Demands It. KNOW ALL MEN by these presents, that I, A. B., of and State of in the county of farmer, par of the first part, for securing the payment of the sum of money hereinafter mentioned, and in consideration of the sum of one dollar, to me paid by Y. Z., of aforesaid, merchant, party of the second part, the receipt whereof I do hereby acknowledge, have bargained, sold, granted and conveyed, and by these presents do bargain, sell, grant and convey unto the said party of the second part, his executors, administrators and assigns, all the ashes now being in the ashery in the possession of the said A. B., at ;(x) [or thus, all the stock of books, magazines, periodicals and stationery in the store of the said A. B., at ;(x) or thus, all the household goods and furniture, and other articles mentioned in a schedule annexed hereto, and contained in the house of the said A. B., at ; or thus, all and singular the goods and stock of goods and merchandise, consisting of whips, lashes and materials therefor, now in the store of the party of the first part, at No. Street, in the city of and in the factory of the said [but excepting and in the State of party of the first part at reserving therefrom all goods sold, or agreed to be sold and packed, to be delivered to purchasers], and all the furniture and movable fixtures in said store belonging to the party of the first part [a schedule of said goods and chattels to be inade by the party of the first part, and annexed hereto with all convenient speed]; to Have and to hold the same unto the said party of the second part, his executors, administrators and assigns, forever. [If the mortgage is a second mortgage, being subject to a prior one, insert here: subject, however, to a prior mortgage to M. N., dated the day of AND I DO for myself, my heirs, executors and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the said described goods hereby sold, unto the said party of the second part, his executors, administrators and assigns, against all and every person and persons whatsoever [subject as aforesaid]. * UPON CONDITION, that if the said party of the first part shall and do well and truly pay, or cause to be paid † unto the said party of the second part, his executors, administrators or assigns, the sum of dollars and interest thereon, on the day of may be; see forms 464 to 472], then this wise, to remain in full force. next, † [or otherwise, as the case conveyance shall be void; other And the said party of the first part, for himself, his executors, administrators and assigns, does covenant and agree to and with the said party of the second part, his executors, administrators and assigns, to make punctual payment of the money hereby secured. And in case default shall be made (x) This is a sufficient description of Barb., 680; Gardner v. McEwen, 19 N. Y. such property. Dunning v. Stearns, 9 (5 Smith), 128. Chattel Mortgages. in payment of the said sum above mentioned, or any part thereof, or of the interest thereon, on any day when the same ought to be paid [may insert if desired, then the whole sum shall at the election of the party of the second part become immediately due and payable; and]* it shall be lawful for, and the said party of the first part does hereby authorize and empower the said party of the second par his executors, administrators and assigns, with the aid and assistance of any person or persons, to enter and come into and upon the dwelling-house and premises of the said party of the first part, and such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels, to sell and dispose of the same, or so much as shall be necessary, for the best price they can obtain, and out of the money to retain and pay the said sum above-mentioned, with the interest and all expenses thereon, rendering the overplus (if any) unto the said party of the first part, his executors, administrators and assigns. And until default be made in the payment of the aforesaid sum of money [or some part thereof or interest thereon], the said party of the first part is to remain and continue in quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same [here may insert danger clause from Form 461, viz., the words between the **, or may proceed thus:] unless the said party of the second part, his executors, administrators or assigns, shall sooner choose to demand the same; and until such demand be made, the possession of the said party of the first part shall be deemed the possession of an agent or servant, for the sole benefit and advantage of his principal, the said party of the second part. of IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day 463. Schedule Annexed to the Foregoing. SCHEDULE of all the furniture and household goods mentioned in, and conveyed by, the annexed chattel mortgage. 464. The Same; For a Sum of Money at a Future Day, With Interest Periodically Meanwhile. [As in Form 462, substituting for the words between the † † the following:] unto the said party of the second part, his executors, administrators or assigns, the just and full sum of secured], on the day of dollars [stating the whole principal which will be in the year one thousand eight hundred and from the Stipulations as to Mode of Payment. day of with interest thereon from the date hereof [or, [or, with legal interest thereon], payable semi-annually [or, quarterly], on [designating the months intended] in each the day of and year, until the whole of said principal sum be paid. 465. The Şame; For Payment in Equal Annual Instalments, With Interest Annually on What Remains Unpaid. [As in Form 462, substituting for the words between the † † the following:] unto the said party of the second part, his executors, administrators or assigns, the just and full sum of dollars [stating the whole principal secured], in mencing on the of equal annual payments, from the date hereof [or, com- per cent. per annum [or, with legal interest thereon], payable annually with such instalments [or, semi-annually, or, quarterly, on the days of naming the months for payment of interest, in each year]. 466. The Same; For Payment in Unequal Instalments, With Interest. [As in Form 462, substituting for the words between the the following:] unto the said party of the second part, his executors, administrators or assigns, the just and full sum of dollars [stating the whole principal secured], in manner following-that is to say, the sum of dollars on the day of 18 next; the sum of ; and the remaining sum of mentioned date, together with the interest at the rate of per cent. per annum [or, with legal interest on the whole sum remaining unpaid, at the time of each payment]. 467. The Same; For Payment in Instalments, With Interest on Each Instalment as It Falls Due. [As in Form 462, substituting for the words between the the following:] unto the said party of the second part, his executors, administrators or assigns, the just and full sum of dollars [stating the whole principal secured], with interest at the rate of per cent. per annum [or, with legal interest], said principal to be paid in equal annual instalments each, with the interest on such instalment, on the day of in each year. 468. Chattel Mortgage to Secure a Note. [As in Form 462, substituting for the words between the ** the following:] UPON CONDITION, however, that if the said party of the first part shall well and truly pay to the said party of the second part, his executors, administrators and assigns, a certain promissory note, made by lars, bearing date the to the order of day of [or may say, his promissory note, of which the follow Chattel Mortgage to Secure Notes. ing is a copy, setting it forth], according to the tenor thereof, then this conveyance shall be void; otherwise, to remain in full force. And in case default shall be made in payment of said note, 469. Chattel Mortgage to Secure An Indorser. day of 18 and payable for [As in Form 462, substituting for the words between the ** the following:] UPON CONDITION, however, that if the said party of the first part shall well and truly pay a certain promissory note, made by dollars, bearing date the after date to the order of and indorsed by the party of the second part [or may say, his promissory note, indorsed by the party of the second part, of which the following is a copy, setting it forth], according to the tenor thereof, then this conveyance shall be void; otherwise, to remain in full force. And in case default shall be made in payment of said note, 470. Chattel Mortgage to Secure Payment of Numerous Notes, and Indemnity Against Certain Debts of the Mortgagee Assumed by the Mortgagor. [As in Form 462 to the first*, continuing thus:] UPON CONDITION, however, that the said parties of the first part shall well and truly pay unto the said party of the second part, his executors, administrators or assigns, the just and full sum of with interest, being the amount of and described as follows, each bearing date the payable as follows: one note for date; and one for dollars and cents, promissory notes made by them, day of dollars payable at dollars, payable at 18, months from months from date [and so on]. And upon the further condition, that if the said parties of the first part will well and truly indemnify and save harmless the said party of the second part of, from and against all of the notes remaining unpaid, which were given by said party of the second part to M. N. & Co. on the purchase of which notes are particularly enumerated in Schedule B hereto annexed; and also against all of the notes and debts, obligations or liabilities mentioned in Schedules C and D hereto annexed, being debts of the party of the second part, which have been assumed by said party of the first part, then this conveyance shall be void; otherwise, to remain in full force. And the said parties of the first part, for themselves, their executors, administrators and assigns, do covenant, promise and agree, to and with the said party of the second part, his executors, administrators and assigns, that in case default shall be made in the payment of either of said notes hereinbefore mentioned, given by said parties of the first part to the said party of the second part, and the same shall remain due and unpaid for the space of days thereafter, then the sum remaining unpaid upon all of said notes may, at the option of the said party of the second part, his executors, administrators or assigns, be considered due and payable immediately; and in case either of said notes shall so remain unpaid for the space of days, or in case any recovery shall be had against said party of the second To Secure against Contingent Liability. part, for or by reason of any note or notes, or debts mentioned in Schedules B, C, and D; then in that case it shall immediately thereupon be lawful for, and the said parties of the first part hereby authorize and empower the said party of the second part, his executors, administrators or assigns, with the aid or assistance of any person or persons, to enter the store, stable, dwelling-house and other premises, and such other place or places as the said goods, chattels and property are or may be placed, and take and carry away the said goods, chattels and property, and to sell and dispose of the same for the best price or prices he can obtain for the same, and out of the money arising therefrom to retain, take up and pay the amount then remaining unpaid on said notes, whether the said notes shall have matured or not, and all charges touching the same, and also all moneys which may be recovered against him, the said party of the second part, for or on account of any of the notes or debts mentioned in either of the schedules to this mortgage, or any liability or charges he may incur on account of the same, or any part thereof, and also the expenses of such sale, and then, after retaining sufficient in his hands to pay off and discharge any of the said debts or notes mentioned in either of the schedules which may remain unpaid, and applying the said moneys thereto, rendering the overplus (if any) unto the said parties of the first part, or to their executors, administrators or assigns; and in case of such sale and disposition of said goods, chattels and property, it shall and may be lawful for the said party of the second part to sell and dispose of the said property, goods and chattels, together or separately, as he may prefer. And until default be made in the payment of either of the said notes, and the same shall remain unpaid for ten days, or in any of the stipulations herein before set forth on the part of the parties of the first part, the said parties of the first part shall remain and continue in the quiet and peaceable possession of the said goods and chattels and property, and the full and free enjoyment of the same. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals, this In presence of [Signature of witness.] day of , 18 [Signatures and seals.] 471. Chattel Mortgage to Secure a Surety in a Lease. [As in Form 462, substituting for the words between the ** the following:] UPON CONDITION, however, that if the said party of the first part, his executors, administrators and assigns, shall well and truly pay the rent to accrue on a lease made by M. N. to the said party of the first part, bearing date the day of 18 [and shall perform all the covenants on his part therein contained], and indemnify and save harmless the said party of the second part from and against all damage, costs and expenses by reason of his having become a surety thereon, then this conveyance shall be void; otherwise, to remain in full force. And in case default shall be made in such payment [and performance], |