Deed Of Simple Mortgages In Another Form Deeds Mortgages And Pledges 947 - Legal Draft
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Deed of Simple Mortgages in another form
THIS DEED OF MORTGAGE made and entered into at ................... day of............ Between ........................... hereinafter called “The Mortgagor” (which expression shall unless repugnant to the context or meaning thereof be deemed to include his/their heirs, executors, administrator, representative and assigns.) of the One Part, and ........... hereinafter called “the Mortgagee” (which expression shall unless repugnant to the context or meaning thereof be deemed to include his/their heirs, executors, administrator, representative and assigns.) of the Other Part.
WHEREAS the Mortgagor is absolutely seized and possessed of or otherwise is well and sufficiently entitled the property intended to be hereby mortgaged which is free from encumbrances and attachments. AND WHEREAS the Mortgagor at his request upon having the repayment thereof, with interest at the rate under stated and secured in the manner hereinafter expressed : NOW THE DEED WITNESSES, that in pursuance of the said agreement and in consideration of the sum of Rupees.............. paid to the Mortgagor by the Mortgagee simultaneously with the execution of these presents the receipt whereof the Mortgagor do hereby admit, acknowledge and confirm, the Mortgagor do hereby agree with the Mortgagee the Mortgagor will on or before the ........ day of........., pay or cause to be paid to the Mortgagee the sum of Rupees.........., with interest for the same in the meantime at the rate of Rs.......... per cent, per annum, such interest to be paid monthly and every month on the 7th of each following month without any delay or default AND This Deed further witnesseth that as a security for the repayment of the said loan with interest, the said ................ Do hereby charge, assure and mortgage, by way of simple mortgage, unto and in favour of the said ................. ALL THAT etc. (Describe the property). (Further agreement allowing mortgagee’s remedies in case of failure to pay the mortgage money, as in previous precedent.)
Usual convenants as to title, right to mortgage and non-encumbrances as in previous precedent.
THE SCHEDULE ABOVE
IN WITNESS WHEREOF the parties have put their respective hands the day and year first above written.
Signed and Delivered by the
withinnamed Mortgagor ..................
in the presence of .....................
....................
....................
Signed by withinnamed
Mortgagee...... ................
in the presence of ..............
............................
..........................
WHEREAS the Mortgagor is absolutely seized and possessed of or otherwise is well and sufficiently entitled the property intended to be hereby mortgaged which is free from encumbrances and attachments. AND WHEREAS the Mortgagor at his request upon having the repayment thereof, with interest at the rate under stated and secured in the manner hereinafter expressed : NOW THE DEED WITNESSES, that in pursuance of the said agreement and in consideration of the sum of Rupees.............. paid to the Mortgagor by the Mortgagee simultaneously with the execution of these presents the receipt whereof the Mortgagor do hereby admit, acknowledge and confirm, the Mortgagor do hereby agree with the Mortgagee the Mortgagor will on or before the ........ day of........., pay or cause to be paid to the Mortgagee the sum of Rupees.........., with interest for the same in the meantime at the rate of Rs.......... per cent, per annum, such interest to be paid monthly and every month on the 7th of each following month without any delay or default AND This Deed further witnesseth that as a security for the repayment of the said loan with interest, the said ................ Do hereby charge, assure and mortgage, by way of simple mortgage, unto and in favour of the said ................. ALL THAT etc. (Describe the property). (Further agreement allowing mortgagee’s remedies in case of failure to pay the mortgage money, as in previous precedent.)
Usual convenants as to title, right to mortgage and non-encumbrances as in previous precedent.
THE SCHEDULE ABOVE
IN WITNESS WHEREOF the parties have put their respective hands the day and year first above written.
Signed and Delivered by the
withinnamed Mortgagor ..................
in the presence of .....................
....................
....................
Signed by withinnamed
Mortgagee...... ................
in the presence of ..............
............................
..........................