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without any deduction, defalcation, or abatement out of the same or any part thereof, (other than and except &c.), and also if the said A. B., his heirs, executors, administrators, or assigns, do and shall, from time to time and at all times hereafter, when thereunto requested by the said C. D. and E. F., or the survivor of them, his executors, administrators, or assigns, well and truly pay or cause to be paid unto the said C. D. and E. F., and each of them, their and each of their executors, administrators, and assigns, all and every

other sum and sums of money (if any) not exceeding in the whole, together with and including the said sum of £—, or so much thereof as shall then remain unpaid, the principal sum of £-, which from time to time shall be due and owing to him or them, either alone or jointly with his or their partner or partners for the time being, by the said A. B., his executors or administrators, upon the balance of any account between the said A. B., his executors or administrators, on the one part, and the said C. D. and E. F. or either of them, their or either of their executors or administrators, either alone or jointly with his or their partner or partners for the time being, of the other part, either for principal monies, or for or upon any consideration whatsoever, together with interest on such additional sums at the rate aforesaid, from the times at which they respectively shall become due and payable, thenceforth until payment thereof; then and in that case, and immediately from and after such payment shall be made as aforesaid, the said demise hereby made and term hereby granted shall cease, determine, and be void to all intents and purposes whatsoever ; and the said promissory note shall be delivered up to be cancelled, and the said policy or instrument of insurance, and the benefit thereof, shall, on the request and at the costs and charges of the said A. B., his executors, administrators, or assigns, be assigned to or in trust for the said A. B., his executors, administrators, or assigns, any thing hereinbefore contained to the contrary notwithstanding.

For the redemp

XII. And further that as long as the said messuage, lands, on payment of tenements, and hereditaments, or any part or parts thereof, a proportionate shall remain redeemable according to the rules and practice

money.

of courts of equity, it shall or may be lawful to and for each, share of the any, or either of them the said A. B., C. D., E. F., and

mortgage G. H. respectively, his or her heirs, executors, adminis- (To follow the

clause for enjoytrators, or assigns, to redeem his, her, or their particularment till de fourth part or share of and in the said freehold and

fault, in a mortcopy

gage by tenants hold parts of the said messuages &c. on payment of £- in common). part of the said sum of £ and the interest which shall be due for or in respect of the same sum of £-, and also a proportionate part or share of the costs, charges, and expenses which shall have been incurred by the said I. K., his heirs, executors, administrators, or assigns, in recovering or endeavouring to enforce and compel the payment of the principal monies and interest which shall then remain due to him or them, on this present mortgage or security.

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XIII. Provided always, and notwithstanding any thing To enable morthereinbefore contained, it is hereby declared and agreed by gagor to disand between the parties to these presents, and the said A. B. gage debt, either and C. D., and, at their instance and request, the said E. F. by one pay, and G. H. hereby consent and agree, that it shall or may be ments, before lawful to and for the said I. K., his heirs, executors, adminis- in the proviso trators, or assigns, at his or their option to pay off and dis- for redemption. charge all or any part of the said principal sum of £ at any time before the

day of - in the year of not less than £- in any one instalment, either in one sum or by such portions and instalments as he or they shall think fit, so as he or they shall first pay all arrears of interest which from time to time shall be due for or in respect of the said sum of £-, or so much and such part thereof as from time to time shall remain unpaid, and so as all or any part of the said sum of £— shall not be paid or tendered without three calendar months' previous notice in writing, to be given to the said E. F. and G. H. or the survivor of them, his executors, administrators, or assigns, of an intention to pay off the same; and the sum or sums to be paid shall be expressed in such notice, and the same sum or sums shall be paid on the day or at the time which by such notice shall be appointed for the payment thereof; and that when and as soon as all or any part of the said sum of £— shall be paid or tendered to the said A. B. and C. D., or the survivor

of them, his executors, administrators, or assigns, after and pursuant to such notice as aforesaid, all interest for or in respect of the sum or sums so paid or tendered shall from the time of such payment or tender cease to be payable, any thing hereinbefore contained to the contrary notwithstanding.

Another form.

XIV. Provided always, and notwithstanding any of the provisions hereinbefore contained, it shall and may lawful to and for the said A. B., his heirs, appointees, or assigns, on giving to the said C. D., his executors, administrators, or assigns, or leaving for him or them at his present dwellinghouse in one calendar month's notice in writing for that purpose, to pay or tender to the said C. D., his executors, administrators, or assigns, or at the said dwelling-house, at a day and hour to be appointed for that purpose, all or any part of the said sum of £ before the said day of 18%, in sums not less than £ at any one payment or tender; and from and after such payment or tender, the interest on the sum so paid or tendered shall cease and determine.

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day of

For cesser of

XV. Provided always, and it is hereby declared and term in mort

agreed by and between the said parties to these presents, gage for securing payment of that if the said A. B., his heirs, executors, administrators, or sum to several, in equal propor

assigns, shall and do pay or cause to be paid unto the said tions, with pro- C. D. and E. F. respectively, or their executors, administrainterest shall be tors, and assigns, in equal shares, the full sum of £

of in arrear six

lawful money aforesaid, on the day of — in the months, payment of princi- year of our Lord 184, and in the meantime do and shall pal may be enforced before yearly, on the

in every year, answer and the day ap

pay

lawful interest for the same sum of £pointed.

sons for the time being entitled to the said principal money, and in the shares and proportions in which they shall be entitled to the same principal money, and do and shall answer and pay the same principal money and interest, without any

deduction or abatement whatsoever out of the same or any part thereof, on any account whatsoever, other than and except &c., then and from thenceforth the said term of five hundred years hereinbefore created shall cease, determine, and be utterly void to all intents and purposes whatsoever ;

to the perbut in case default shall be made in payment of the interest of the said sum of £-, or any part thereof, for the space of six calendar months after the day hereby appointed for the payment of the same interest, then the payment of the said principal sum of £— and the interest then due for the same, may be enforced, although the said — day of

shall not be arrived.

shall be reduced

mises shall be

, part of

XVI. Provided also, and it is hereby further declared That until debt and agreed by and between the parties to these presents, to a certain that in the meantime, and until the said debt or sum of amount, pre£_ shall be reduced to the sum of £—the plantation, charged with messuages, slaves, cattle, stores, goods, chattels, and pre- additional

debt by way of mises respectively hereby released and assigned or other- rity, but after wise assured by the said A. B., or intended so to be, shall be to be reconcharged and chargeable with and liable to the payment of veyed disthe said sum of £or such part and parts thereof as the debt, &c. shall be due and owing for the time being, by way of additional security for enforcing the payment of the same; And further, that when and as soon as the sum of £the said sum of £— shall be paid off and discharged, so that the said debt or sum of £- shall be reduced to the sum of £ less sum,

or any

then or at any

time afterwards the said C. D. and E. F., their heirs, executors, administrators, or assigns, upon the request and at the costs and charges of the said A. B., his heirs, executors, administrators, or assigns, shall or will re-convey, re-assign, and assure the said plantation, messuages, slaves, cattle, stores, implements, goods, chattels, and premises respectively hereby released and assigned by the said A. B. or intended so to be, unto and to the use of the said E. F., his heirs, executors, administrators, and assigns, or such person or persons as he or they shall appoint, for the several estates and interests hereby granted therein respectively, or so much of the same respectively as shall then remain unexpired, discharged of and from the residue of the said sum of £- and all other payments agreed to be made as aforesaid, and also of and from all other estates, charges, and incumbrances whatsoever, to be in the meantime made, done, or committed by the said C. D. and E. F., their heirs, executors, administrators, or assigns.

For raising the XVII. Provided always, and it is hereby declared and on principat of agreed by and between the parties to these presents, as far mortgage from

as they respectively are interested, that if at any time during 4 to 5 per cent. when that the continuance of the said principal sum of £- -, or any rate of interest part thereof, on this present security, the rate of interest becomes general.

commonly payable upon loans of money by way of mortgage shall have advanced or risen to £5 per cent. per annum, and the said A. B. and C. D., or the survivor of them, his executors, administrators, or assigns, shall at any time thereafter give to the said E. F., his heirs, executors, administrators, or assigns, one calendar month's notice in writing of their intention to require interest upon the said sum of £— at and after that rate, (such notice to expire on one of the half-yearly days of payment of interest hereinbefore appointed), and shall also (if thereunto required in writing by the said E. F., his heirs, executors, administrators, or assigns, within fifteen days next after the delivery of such notice) deliver unto the said E. F., his heirs, executors, administrators, or assigns, a certificate under the hand of the actuary for the time being of the society for equitable assurances on lives and survivorships, certifying that the rate of interest then commonly payable on loans by way of mortgage is £5 per cent. per annum, then and in that case, and from and immediately after the expiration of such notice as aforesaid, and from time to time during the continuance of the said sum of £— on the security of these presents, interest shall be and become payable by the said E. F., his heirs, executors, administrators, and assigns, upon the said sum of £-, or so much thereof as shall then remain unpaid, at and after the rate of £5 per cent. per annum, in the same or the like manner as if interest for the same sum at and after that rate had been hereby made payable immediately upon and after the execution of these presents; And it is hereby declared and agreed, that the delivery of such notice as aforesaid to any one of the heirs, executors, administrators, or assigns of the said E. F. shall be considered as a sufficient notice to all and every the person or persons liable or who may be or become liable to the payment of the interest of the said sum of £—, or any part thereof, and notwithstanding any such person or persons may be an infant

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