drawn by him the said A. B. on him the said C. D., or by discounting or paying, at the request of the said A. B., any draft or drafts, bill or bills of exchange, note or notes of hand drawn or made by the said A. B. or any other person or persons whomsoever, together with interest for the same (Vide art. xi.) respectively after the rate aforesaid, to be computed from the time or respective times of payment or advancement of the same sum or sums respectively, (such further and other sums of money and interest to be respectively paid by the said A. B., his heirs, executors, or administrators, within the space of calendar months next after the same shall respectively be paid or advanced as aforesaid), without making any deduction, defalcation, or abatement out of the said sum of £—, or the interest thereof, or any part thereof respectively, or out of such further sum or sums of money as aforesaid, or any of them, or the interest thereof respectively, for or in respect of any taxes or otherwise howsoever; and also that if the said A. B., his heirs, executors, or administrators, shall and do from time to time well and effectually save, defend, keep harmless and indemnified the said C. D., his executors, administrators, and assigns, and every of them, of, from, and against all loss, costs, charges, damages, and expenses which he the said C. D., his executors, administrators, or assigns, or any of them, shall or may suffer, sustain, or be put unto, for or by reason or means of his accepting, paying, discounting, or honoring any such bill or bills of exchange, draft or drafts, note or notes of hand as aforesaid, or for or by reason of any other matter or thing relating to or concerning these premises, then and in such case &c. (Vide Art. VII.) and cesser of term on pay ment of a cer XI. Provided always, and it is hereby declared and agreed For redemption by and between the parties to these presents, and it is the true intent and meaning of them and of these presents, that if the said A. B., his heirs, executors, administrators, or assigns, shall and do well and truly pay or cause to be paid unto the said C. D. and E. F., their executors, administrators, of like lawful money and or assigns, the full sum of £- 9 at day of tain sum now due, and all future advances on a banking account not exceeding a cer tain amount. For the redemp tion of shares 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. XII. And further that as long as the said messuage, lands, tenements, and hereditaments, or any part or parts thereof, a proportionate shall remain redeemable according to the rules and practice on payment of money. (To follow the ment till de clause for enjoy 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, administrators, or assigns, to redeem his, her, or their particular fourth part or share of and in the said freehold and 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 £ copy 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. XIII. Provided always, and notwithstanding any thing hereinbefore contained, it is hereby declared and agreed by and between the parties to these presents, and the said A. B. and C. D., and, at their instance and request, the said E. F. and G. H. hereby consent and agree, that it shall or may be lawful to and for the said I. K., his heirs, executors, administrators, or assigns, at his or their option to pay off and discharge all or any part of the said principal sum of £any time before the day of, in the year not less than £ any one instalment, either in one and instalments as he or they shall in sum or by such portions at of 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 fault, in a mort gage by tenants Another form. For cesser of term in mortgage for securing payment of sum to several, in equal proportions, with pro vision, that if interest shall be in arrear six months, pay pal may be enforced before 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. 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 of day 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. day of XV. Provided always, and it is hereby declared and agreed by and between the said parties to these presents, that if the said A. B., his heirs, executors, administrators, or assigns, shall and do pay or cause to be paid unto the said C. D. and E. F. respectively, or their executors, administrators, and assigns, in equal shares, the full sum of £—— of lawful money aforesaid, on the day of, in the ment of princi- year of our Lord 18-, and in the meantime do and shall yearly, on the in every year, answer and pay lawful interest for the same sum of £ to the persons 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; the day appointed. but 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 shall not be arrived. day of the plantation, shall be reduced mises shall be charged with additional secudebt by way of rity, but after such reduction to be recon veyed discharged from the debt, &c. 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, preshall be reduced to the sum of £messuages, slaves, cattle, stores, goods, chattels, and premises respectively hereby released and assigned or otherwise assured by the said A. B., or intended so to be, shall be charged and chargeable with and liable to the payment of the said sum of £- or such part and parts thereof as 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 £- part 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 £or any less sum, 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. |