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The Pamphlet Collection of Sir Robert Stout: Volume 7

Schedule C. Mortgage

Schedule C. Mortgage.

This Deed made the________day of________in the year 18 between________, of________ in the Province of________ and Colony of New Zealand,________, a member of the "Permanent Equitable Building and Investment Society of Wellington," who and his heirs and assigns are hereinafter styled the Mortgagor, of the one part, and________ Esquire,________ Esquire, and________ Esquire, all of the City of Wellington, Trustees of the said Society, who, and the Trustees, or Trustee from time to time of the said Society, and their or his assigns, are hereinafter styled the Mortgagees of the other part. Whereas the Mortgagor hath realized shares of and in the said Society, now this Deed witnesseth that in consideration of the sum of £________ sterling advanced to the Mortgagor by the Mortgagees, the receipt whereof is hereby acknowledged, the Mortgagor doth hereby convey and assure by way of mortgage unto the Mortgagees, all that________ (here insert description of property mortgaged) more particularly delineated and described in the plan drawn hereon, with the appurtenances thereunto belonging, as security for the payment by the Mortgagor to the Mortgagees of the several________ and other sums of money which by the Rules of the said Society (a copy whereof is appended to a Deed registered at the Land Office, at Wellington aforesaid, Registrar's number ________), are made payable in respect of realized shares therein and of properties held by the Mortgagees as security and of any insurances effected thereon, and for the observance by the Mortgagor of such rules which are to be read and binding as well upon the Mortgagor as upon the property mortgaged, as if incorporated with befitting terms herein. And the Mortgagor doth hereby further declare that in the event of the land and premises hereby mortgaged being sold on behalf of the said Society, no purchaser at any such sale nor his representative shall be answerable for the loss, misapplication, or non-application of the purchase money neither shall be be concerned to enquire into the fact of any default having been made.

In witness whereof, the said________, hath hereunto subscribed________ his name, this________ day of________ 18 .