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or trustee and executor, may think proper or expedient, and to abandon any such debt or debts as they or he may deem bad or desperate, or which they or he may think it not advisable to sue for, or endeavour to recover, and without being answerable for any loss which may arise thereby.

PROVISOS.

Proviso for. Provided always, and it is hereby agreed and deredemption in a mortgage. clared by and between the said parties hereto, that

if the said A. B., his heirs, executors, administrators, or assigns, or any of them, shall and do well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, the sum of L. of lawful money of Great Britain, on the]

day of next ensuing the date of these presents, with interest for the same after the rate of L. per cent. per annum; then, and in such case,' and at any time after such payment shall be so made, he the said C. D., his heirs and assigns, shall and will, at the request, costs, and charges of the said A. B., his heirs or assigns, convey and assure the said messuages, &c., expressed to be hereby granted and released, with the appurtenances, unto and to the use of the said A. B., his heirs and assigns, or otherwise, as he or they shall direct or appoint, free from all incumbrances made, done, or committed by the said A. B., his heirs, executors, administrators, or as. signs, or any person or persons claiming or to claim by, from, under, or in trust for him, them, or any of

them.

Mortgagor to

Provided also, &c., that in the meantime, and until enjoy until de. fault.

c In a mortgage for a term, conclude as follows :-“ And immediately after such payment shall be made, as aforesaid, these presents, and the said term of

years, hereby created, shall absolutely cease, determine, and be void, any thing herein contained to the contrary thereof in any wise notwithstanding."

default shall be made in payment of the said sum of

, or the interest thereof, or of any part thereof respectively, contrary to the aforesaid proviso or agreement for payment of the same, and the true intent and meaning of these presents, it shall and may be lawful for the said A. B., his heirs and assigos, peaceably and quietly to have, hold, use, occupy, possess, and enjoy the said messuages, &c., intended to be hereby released, and to receive and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, eviction, interruption, or disturbance whatsoever, of, from, or by the said C. D., his heirs, executors, administrators, or assigns, or of, from, or by any other person or persons claiming, or to claim, by, from, through, under, or in trust for him, them, or any of them.

Provided always, and it is hereby agreed and de- Proviso for clared, between and by the said parties hereto, that redemption in

a mortgage to in case the said [mortgagor,] his heirs, executors, bankers for a administrators, or assigns, shall and do on demand floating

balance. in writing, for that purpose made on him or them by b the said [bankers,] or the survivors or survivor of them, or the executors or administrators of such survivor, or other the person or persons for the time being constituting their said firm, or carrying on their said business, or their or his respective assigns, or any of them, or by the manager or chief clerk of the said bank, such demand being made or served on him the said mortgagor,] his heirs, executors, administrators, or assigns, or left at his or their most usual place of abode in England, or without such demand, at any time after the expiration of six calendar months from the date of these presents, well and truly pay, or cause to be paid, unto the said [bankers,] or unto the sur. vivors or survivor of them, or the executors or administrators of such survivor, or other the person or persons for the time being constituting their said firm, or carrying on their said business, or their or his respective assigns, all such sum or sums of money, not

exceeding in the whole (including the said present balance, in case the same shall then remain unsatisfied) the sum of L.

, as for the time being shall be due and owing from the said [mortgagor,] his heirs, executors, or administrators, unto the said Tbankers,] or the survivors or survivor of thein, or the executors or administrators of such survivor, or other the person or persons for the time being constituting their said firm, or carrying on their said business, or their or his respective assigns, on or as the balance of the said bank account, whether for or in respect of the said balance so now due from him the said [mortgagor] to the said [bankers] as aforesaid, or any part thereof, or for any other moneys which shall or may hereafter be paid or advanced by the said [bankers,] or the survivors or survivor of them, or other the person or persons for the time being constituting their said firm, or carrying on their said business, (or by the branch of the said firm,] unto the said [mortgagor,] or at his request, or for or by reason of the acceptance or payment by the said banking firm, [or of the said branch thereof,] of the drafts, bills, or promissory-notes of the said [mortgagor,] or for or by reason of the said firm discounting any bills of exchange, bearing the name of the said [mortgagor,] either as drawer, acceptor, or indorser, which may be subsequently dishonoured, or for or by reason of any payments or advances which may be made by the said bankers, or the survivors or survivor of them, or other the person or persons for the time being constituting their said firm, or carrying on their said business, on the account of him the said [mortgagor,] or for common charges or for interest, such interest being calculated after the rate of L. , on such sum or sums of money as, for the time being, the said firm, however constituted as aforesaid, are, shall, or may be, in advance or balance to or on account of him the said [mortgagor,] to be computed as to the said sums, in respect whereof the said banking firm shall be in advance, as aforesaid, from the time or respective times at which the same shall have been or shall be made until the repayment thereof, or until the same shall be included in such balance, and as to all such balances from the respective times at which the same shall be respectively cast or ascertained, until the respective times at which the same shall be respectively paid and satisfied, or included, as last aforesaid, according to the usual practice of the customers of the said banking firm; then, and in such case, &c.

Provided always, and it is hereby also agreed and Proviso for declared between and by the parties hereto, that if, renewal in a

nortgage of at any time hereafter during the continuance of this leaseholds security, any of the persons for whose life or lives the said messuage and premises, intended to be hereby assigned, are now, or may be hereafter holden, shall die, then, and in such case, and from time to time as often as it shall so happen, it shall and may be lawful to and for the said C. D., his heirs and assigns, to surrender the then subsisting lease wherein any of the lives shall so die, and all his and their estate and interest in the premises therein comprised, to the lord bishop of B. for the time being. And also to and for the said C. D., his executors, administrators, and assigns, to pay all the arrears of rent which shall be then due to the said lord bishop of B. by virtue of such lease or leases, and procure and obtain a new lease or new leases to be made and granted to him the said C. D., his heirs or assigns, of the premises comprised in the lease or leases which shall be so surrendered as aforesaid, for the lives of the then surviving cestui que vies in such lease or leases, and of some other person or persons, in such manner as hath been used and accustomed by the said lord bishop of B. for the time being, and to pay the fines, fees, and expenses for, in, about, or relating to the obtaining, making, and granting such new lease or leases as aforesaid. And it is hereby further declared and such new agreed by and between the said A. B. and the said be

lease to stand C. D., and the true intent and meaning of them and as the former of these presents is, that the estate, term, and interest had done.

as a security,

which shall be demised or granted in the said pre-
mises in and by every such new lease shall stand and
be charged and chargeable with, and remain and be
a security to the said C. D., his executors, admini-
strators, or assigns, as well for all the sums of money
which he or they shall pay for such arrears of rent,
fines, fees, and expenses as aforesaid, and interest for
the said sums of money from the time of payment
thereof respectively, at the rate of L. for each
L.100 for a year, as for the said sum of L. , and
the interest which shall be then due, or thereafter
accrue and become due for the same. And the said
premises, and the estate, term, and interest therein,
comprised in any such new lease or leases, shall not
be redeemed or redeemable by the said A. B., his
executors or administrators, until payment to the
said C. D., his executors, administrators, or assigns,
as well of such sums of money as shall be so paid by
him or them as aforesaid, and interest for the same
sums of money after the rate of L. hereinbefore
mentioned, as of the said sum of L.

, and the interest thereof. To take a re. Provided always, that if the said [mortgagor,] his duced rate of

executors, administrators, or assigns, shall, from time interest on punctual pay. to time, until the repayment of the said principal sum

of L. hereby secured, punctually pay, or cause to be paid, unto the said [mortgagee,] his executors, administrators, or assigns, interest after the rate of L. , &c., for the said sum of L. , upon or within 28 days next after the said day of

day of in every year, clear of all deductions whatsoever ; then, and in consideration of such punctual payment, the said [mortgagee,] his executors, administrators, or assigns, shall and will, from time to time, so often as the same interest sball be paid at or within the days or times aforesaid, accept the reduced rate of interest aforesaid in lieu and full satisfaction of the interest hereinbefore covenanted to be paid, anything hereinbefore contained to the contrary notwithstanding.

ment.

and

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