790 



THE HOME, FARM AND BUSINESS CYCLOPAEDIA. 



thing herein contained shall cease, deter- 

 mine, and be utterly void, to all intents 

 and purposes, anything herein contained 

 to the contrary thereof in anywise not- 

 withstanding : And the mortgagor, for 

 executors and administrators, shall 

 and will warrant and forever defend by 

 these presents, all and singular the said 

 goods, chattels and property unto the 

 mortgagee , executors, administrators 

 and assigns, against the mortgagor, 

 executors and administrators, and against 

 all and every other person or persons 

 whomsoever. 



And the mortgagor doth hereby, for 



executors and administrators, cove- 



nant, promise and agree to and with the 



mortgagee , executors, administra- 



tors and assigns, 



or in case the mortgagor shall attempt 

 to sell or dispose of or in any way part 

 with the possession of the said goods and 

 chattels, or any of them, or to remove the 

 same, or any part thereof out of the , 

 or suffer or permit the same to be seized 

 or taken in execution without the consent 

 of the mortgagee , executors, adminis- 

 trators or assigns to such sale, removal or 

 disposal thereof first had and obtained in 

 writing, then, and in such case, it shall 

 and may be lawful for the mortgagee, 

 executors, administrators or assigns, with 

 or their servant or servants, and with 

 such other assistant or assistants, as 

 may require at any time during the day, 

 to enter in and upon any lands and tene- 

 ments, houses and premises wheresoever 

 and whatsoever, where the said goods and 

 chattels, or any part thereof may be, and 

 for such persons to break and force open 

 any doors, locks, bars, bolts, fastenings, 

 hinges, gates, fences, houses, buildings, 

 enclosures and places, for the purpose of 

 taking possession of and removing the 

 said goods and chattels: And upon, and 

 from and after the taking possession of 

 such goods and chattels as aforesaid, it 

 shall and may be lawful, and the mort- 



gage 



executors, administrators or 



assigns, and each or any of them, is and 

 are hereby authorized and empowered to 

 sell the said goods and chattels, or any of 

 them, or any part thereof, at public auc- 

 tion or private sale, as to them or any of 

 them may seem meet : And from and 

 out of the proceeds of such sale, in the 

 first place, to pay and reimburse or 



themselves, all such sum and sums of 

 money as may then be 



due by virtue of these presents, and all 

 such expenses as may have been incurred 

 by the mortgagee , executors, adminis- 

 trators or assigns in consequence of the 

 default, neglect or failure of the mort- 

 gagor , executors, administrators or 

 assigns, in the payment of the said sum of 

 money, with interest thereon, as above 

 mentioned, or in consequence of such sale 

 or removal, as above mentioned, and in 

 the next place to pay unto the mortgagor , 

 executors, administrators and assigns, 

 all such surplus as may remain after such 

 sale, and after payment of all such sum or 

 sums of money, and interest thereon, as- 

 may be due by virtue of these presents at 

 the time of such seizure, and after pay- 

 ment of the costs, charges and expenses 

 incurred by such seizure and sale as afore- 

 said. 



Provided that the mortgagee , ex- 



ecutors, administrators or assigns, may in 

 default of payment of any of the payments 

 of interest or instalments hereinbefore 

 mentioned, or any part thereof, distrain 

 for the whole principal sum then unpaid. 



Provided always, nevertheless, that it 

 shall not be incumbent on the mortgagee , 

 executors, administrators or assigns, 

 to sell and dispose of the said goods and 

 chattels ; but that in case of default of 

 payment of the said sum of money, with 

 interest thereon as aforesaid, it shall and 

 may be lawful for the mortgagee , 

 executors, administrators or assigns, 

 peaceably and quietly to have, hold, use, 

 occupy, possess and enjoy the said goods 

 and chattels, without the let, molestation, 

 eviction, hindrance or interruption of 

 the mortgagor , executors, adminis- 



trators or assigns, or any of them, or any 

 other person or persons whomsoever : 

 And the mortgagor doth hereby further 

 covenant, promise and agree, to and with 

 the mortgagee, executors, administra- 

 tors and assigns, that in case the sum of 

 money realized under any such sale as 

 above mentioned shall not be sufficient to 

 pay the whole amount due at the time of 

 such sale, that the mortgagor, execu- 

 tors or administrators, shall and will forth- 

 with pay or cause to be paid unto the 

 mortgagee, executors, administrators 

 and assigns, all such sum or sums of 

 money, with interest thereon at the rate 

 aforesaid as may then be remaining due ; 



