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The Pamphlet Collection of Sir Robert Stout: Volume 7

Forms

page 24

Forms.

Schedule A. Mortgage.

This Deed made the________day of________187 Between____________who and whose heirs, executors, administrators, and assigns, unless where the context requires a different construction is and are hereinafter referred to and included in the term "the Mortgagor" of the one part, and____________the Trustees of "the Wellington Building Society, 1873," of the other part: Whereas the said____________being a member of the above Society has taken up and realized____________share in the said Society numbered____Now This Deed Witnesseth that in consideration of the sum of £________lent by the said Trustees to the Mortgagor, the receipt whereof is hereby acknowledged. The Mortgagor hereby conveys and assures by way of mortgage unto the said Trustees, their heirs, and assigns All the piece of land particularly described in the schedule hereto : Together with the appurtenances as a security for the payment by the Mortgagor unto the Trustees or Trustee for the time being of the said Society, and their or his assigns of the subscriptions, redemption-moneys, and other sums of money which by the rules of the said Society (a copy whereof was deposited with the Registrar of Joint Stock Companies, pursuant to the Building and Land Societies' Act, 1866, on the twenty-fourth day of February, 1874), are made payable in respect of the said realized shares and of property held by the said Society as security and for the observance of the said rules, which it is declared shall be deemed and taken to be incorporated in and forming part of these presents as fully and effectually as if the said rules were set forth fully and in words at length. And the Mortgagor declares that in the event of the lands and premises hereby mortgaged or any part thereof being sold on behalf of the Society, no purchaser at any such sale, or his representative, shall be answerable for the loss, mis-application or non-application of the purchase-money, nor shall he or they be concerned to enquire into the fact of any default having been made, or as to the necessity or propriety of any such sale or be affected with notice that any such sale is unnecessary or improper. (Here insert special covenants if any.) In Witness, &C.

B. Transfer of Share, or Shares.

I________one of the members of the "Wellington Building Society, 1873," in consideration of £________paid to me by________and also in consideration of________paid by the said________to the funds of the said Society, being a fee payable thereto, according to the rules of the said Society, do hereby assign and transfer to the said________executors, administrators, and assigns________share subject to the payments and regulations prescribed by the rules aforesaid; and I, the said________do hereby agree to accept the said share, subject to the same payments, rules, and regulations.

As witness our hands, the________day of________18

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C.

I,________of________hereby sell and assign to________the present Trustees of the Wellington Building Society, 1873, of Wellington, their successors and assigns, all my________share in the said Society, as a security for the payment of the sum of________to the said Trustees, their successors on assigns,________and interest thereon at the rate of________per centum per annum, payable by even monthly instalments, on the first Friday in every month, and also all payments to become due to the said Society in respect of such share, with full power for the said Trustees, their successors or assigns, in default of payment of any instalment of interest or money to become due in respect of any such share to sell the same after thirty days shall have elapsed from the time of any such default, and to retain the proceeds of any such sale or sales in payment a all expenses incidental thereto, and then in full discharge of all moneys due to the said Society, and to pay the balance, if any, to me, the said

In witness whereof, I, the said________have hereunto subscribed my name, this day________18 .

D.

Receipt.

Receipt or acknowledgment to be endorsed upon Mortgages by virtue of an Act of the General Assembly of New Zealand, intituled "The Building and Land Societies' Act, 1866"

We, the undersigned, being the Trustees of the within-mentioned Society, do hereby acknowledge to have received of and from the within-named Mortgagor, his or her heirs, executors, administrators, or assigns, all moneys intended to be secured by the within-written deed.

As witness our hands.

Dated the________day of________18

Form of Proxy.

I hereby appoint________my proxy, to vote for me and in my name, at a Meeting of the Members of the Wellington Building Society, 1873, to be holden on the________, and at any adjournment of such Meeting.

Dated at________this________day of________187

Signature................
Holder of________Shares.