be paid by his certain bond or obligation bearing even date with these presents, in the penal sum of two thousand eight hundred dollars, lawful money as aforesaid, conditioned for the payment of the said first-mentioned sum of one thousand four hundred dollars, lawful money as aforesaid, to the said party of the second part, his executors, administrators, or assigns, on the tenth day of March, which will be in the year of our Lord one thousand eight hundred and fifty-six, and the interest thereon, to be computed from the date hereof, at and after the rate of six per cent. per annum, and to be paid quarter yearly: And it is thereby expressly agreed, that should any default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of ten days, then and from thenceforth, that is to say, after the lapse of the said ten days, the aforesaid principal sum of one thousand four hundred dollars with all arrearage of interest thereon, shall, at the option of the said party of the second part, his executors, administrators, or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything therein before contained to the contrary thereof in any wise notwithstanding: as by the said bond or obligation, and the condition thereof, reference being thereunto had, may more fully appear.*

Now this Indenture witnesseth, that the said parties of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns for ever, all that certain lot, piece, or parcel of ground, situate, lying, and being in the district aforesaid, and which may be better known and described as follows, namely: Beginning at a

* Bond No. 45 has been drawn to correspond with this mortgage, and should accompany it, to make the papers complete.

post planted on the northerly side of the highway leading from the said city of Charleston to Palmetto bridge distant two hundred and fifty feet easterly from the easterly side of John Smith's stone mill; thence running north twenty-five degrees east thirty chains, to a stone there planted; thence east sixty-five degrees south thirty-five chains; thence south twenty-five degrees west twenty-five chains, to the said northerly side of the said highway; thence westerly along the northerly side of the highway thirty-six chains, more or less, to the place of beginning, containing by admeasurement ten acres more or less :* together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, dower and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances. To have and to hold the above granted and described premises, with the appurte nances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this express condition, that if the said parties of the first part, their heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be void :

And the said JOHN DOE, for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money, and interest, as mentioned above, and expressed in the condition of the said bond.

[And it is also agreed by and between the parties to these presents, that the said parties of the first part shall and will keep the buildings erected and to be erected upon the lands

This form of describing property is that usually adopted in the older states. The description in No. 54 applies to lands which have been surveyed by the general government.

above conveyed, insured against loss and damage by fire, by insurers and in an amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand with interest at the rate of seven per cent. per annum.]*

In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written.

No. 62.-Mortgage to Executors.

This Indenture, made the tenth day of April, in the year one thousand eight hundred and fifty, between JOHN DOE, of the city of Savannah, in the county of Chatham, and state of Georgia, of the first part, and RICHARD ROE and JOHN JONES, both of the town of Milledgeville, in the county of Baldwin, and state of Georgia, executors of the last will and testament of JOHN SMITH, late of Milledgeville aforesaid, of the second part:

Whereas, the said JOHN DOE is justly indebted to the said parties of the second part in the sum of ten thousand dollars, lawful money of the United States, secured to be paid by his certain bond or obligation, bearing even date with these presents, in the penal sum of twenty thousand dollars, lawful money as aforesaid, conditioned for the payment of the said firstmentioned sum of ten thousand dollars, on the first day of January, in the year one thousand eight hundred and fiftysix, with interest thereon at the rate of six per cent. per annum, payable semi-annually, as by the said bond or obligation and the condition thereof, reference being thereunto had, may more fully appear.

* This insurance clause may be omitted at pleasure.

Now this Indenture witnesseth, that the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar to him in hand paid by the said parties of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey, and confirm, unto the said parties of the second part, and the survivors and survivor, and their assigns, for ever, all that, &c. [here describe the property mortgaged]; together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the above granted, bargained, and described premises, with the appurtenances, unto the said parties of the second part, the survivors and survivor, and their assigns, to their only proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators, shall well and truly pay unto the said parties of the second part, the survivors or survivor, or their assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be null and void.

And the said JOHN DOE, for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said parties of the second part, the survivors or survivor, or their assigns, the said sum of money, and interest, as mentioned above, and expressed in the condition of the said bond. In witness whereof, &c. [as in No. 54].

No. 63.—Mortgage to secure a Note.

This Indenture, made the twelfth day of October, in the year of our Lord one thousand eight hundred and fifty, between JOHN DOE, of Iowa City, in the county of Johnson, and state of Iowa, of the first part, and RICHARD ROE, of the town of Galena, in the county of Jo Daviess, and state of Illinois, of the second part:

Witnesseth, that the said party of the first part, in consideration of the sum of seven hundred and ten dollars, lawful money of the United States, to him in hand paid, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns for ever, all that, &c. [here describe the property mortgaged], together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same. To have and to hold the above granted and described premises, with the appurtenances, unto the said party of the sec ond part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this condition, that if the said party of the first part shall well and truly pay his certain promissory note, bearing even date herewith, given to the said party of the second part for the sum of seven hundred and ten dollars, lawful money as aforesaid, according to the tenor of said note, then these presents shall become void, and the estate hereby granted shall cease and utterly determine.

In witness whereof, the said party of the first part to these presents has hereunto set his hand and seal the day and year first above written.

JOHN DOE (seal).

Sealed and delivered in the presence of

JOHN SMITH,

JOHN JONES.