Page images
PDF
EPUB

No. 313-Agreement extending time for payment of mortgage, whereunder mortgagor agrees to reduce principal.

No. 314-Agreement of participation in a mortgage.

No. 315-Agreement subordinating existing mortgage to new mortgage official form.

No. 316-Bond to be secured by real estate mortgage-official form.

No. 317-Owner's estoppel certificate-official form.

No. 318-Release of part of mortgaged premises-statutory form. No. 319-Satisfaction of mortgage-statutory form.

No. 320-Certificate of mortgagee of amount due and unpaid on chattel mortgage.

No. 321-Clause accelerating maturity of principal, upon altering building, without consent of mortgagee.

No. 322-Clause accelerating maturity of principal of subordinate mortgage, upon default in interest, or foreclosure, of prior mortgage.

No. 323-Covenant providing mortgagees shall hold as joint

tenants.

No. 324-Covenant giving mortgagee option, upon request of mortgagor, to satisfy mortgage and make a larger loan to be secured by new mortgage, or mortgages.

No. 325-Reservation by mortgagor to cut standing timber.

SECTION 1.-MORTGAGES RELATING TO PERSONAL

PROPERTY.

No. 307.

Mortgage of chattels,1

KNOW ALL MEN, that I, John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Mortgagor"), for securing the payment of the indebtedness hereinafter mentioned, and in consideration of the sum of one ($1) dollar to me duly paid by Richard Roe, residing at No. 3712 Broadway, Borough of Manhattan, New York City (herein called the "Mortgagee"), before the ensealing and delivery of these presents,

1 Cf. Crowley v. Langdon (1901), 127 Mich. 51, 86 N. W. 391; Barrett Mjg. Co. v. VanRonk (1914), 212 N. Y. 90, 105 N. E. 811; Oppenheimer v. Moore (1901), 107 App. Div. 301, 95 N. Y. Supp. 138.

the receipt whereof is hereby acknowledged, do hereby grant, bargain and sell unto the said Mortgagee the certain mahogany desk and all other goods and chattels mentioned in the schedule hereto annexed, which are now in the premises No. 112 Broadway, Borough of Manhattan, New York City,

TO HAVE AND TO HOLD, all and singular the aforesaid goods and chattels unto the said Mortgagee, his executors, administrators and assigns forever.

And I, the said Mortgagor, for myself, my heirs, executors, administrators and assigns, shall and will warrant and forever defend all and singular the aforesaid goods and chattels above bargained and sold, unto the said Mortgagee, his heirs, executors, administrators and assigns, against the said Mortgagor, and against all and every person or persons whomsoever.

UPON CONDITION, that if I, the said Mortgagor, shall and do well and truly pay unto the said Mortgagee, his heirs, executors, administrators or assigns, the just and full sum of five hundred ($500) dollars, with interest thereon from January 5th, 1923, within ninety (90) days after the date hereof, then these presents shall be void.

AND I, the said Mortgagor, for myself, my heirs, executors, administrators and assigns, do covenant and agree to and with the said Mortgagee, his heirs, executors, administrators and assigns, that, in case default shall be made in the payment of the said sum above mentioned, or any part thereof, or if the said Mortgagee, at any time, shall deem himself to be unsafe or unsecure, then it shall and may be lawful for, and I, the said Mortgagor, do hereby authorize and empower the said Mortgagee, his executors, administrators and assigns, with the aid and assistance of any person, or persons, (1) to enter any dwelling house, store and other premises, and such other place, or places, as the aforesaid goods or chattels are, or may be, placed in, and (2) take and carry away the aforesaid goods or chattels, and (3) to sell and dispose of the same at public, or private, sale for the best price that can be obtained, and, (4) out of the moneys arising therefrom, to retain and pay the said sum above mentioned, and interest, and all charges touching the same, (3) rendering the overplus (if any) unto me, or to my heirs, executors, administrators or assigns; but, if the moneys arising therefrom, as aforesaid, shall be insufficient to pay the said sum above mentioned, interest, and all charges touching the same, I, the said

Mortgagor, for myself, my heirs, executors, administrators or assigns covenant and agree to pay the resulting deficiency to the Mortgagee, his executors, administrators and assigns.

AND, until default shall be made in the payment of the said sum of money, I, the said Mortgagor, may and shall continue in the quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same.

AND I, the said Mortgagor, covenant and agree that I shall, and will, keep the goods and chattels above bargained and sold insured against loss and damage by fire, in insurance corporations, in an amount approved by the Mortgagee, and shall and will assign the policy and certificates thereof to the said Mortgagee; and, in default thereof, it shall be lawful for the said Mortgagee to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the goods and chattels above bargained and sold, and shall be added to the amount of the debt, and secured by these presents, and payable on demand, with interest at the rate of six (6%) per cent per annum.

IN WITNESS WHEREOF, I, the said Mortgagor, have hereunto set my hand and seal, this 5th day of January, 1923.

In the presence of

John Jones.

John Doe (L.S.).

[Annex Schedule of Property.]

No. 308.

Mortgage of chattels, leasehold and liquor licenses to secure existing and future indebtedness, payable on demand, whereunder mortgagee, upon default, may obtain appointment of receiver, take possession of, sell, or take title to, the mortgaged property.2

KNOW ALL MEN, that I, John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Mortgagor"), for securing the payment of the money hereinafter mentioned, and in consideration of the sum of one ($1) dollar, lawful money of the United States, duly paid by Roe & Co., Inc., a corporation, duly organized under the laws of the State of New Adapted from Kelly v. Ruppert (1916), 173 App. Div. 116, 159 N. Y. Supp,

York, and having its principal office at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Mortgagee"), at, or before, the ensealing and delivery of these presents, and of other good and valuable considerations, the receipt whereof is hereby acknowledged, do hereby grant, bargain and sell unto the Mortgagee the fixtures, chattels and property mentioned in the schedule hereto annexed and hereby made a part hereof, which now are in the premises known as No. 112 Broadway, Borough of Manhattan, New York City, and are now in the possession of the Mortgagor,

TOGETHER with (a) all of the leasehold interest, right, title and interest, and right of possession, owned, or claimed, by the Mortgagor in the premises hereinbefore mentioned, under a certain indenture of lease dated the 4th day of January, 1923, made by Henry Koe to the Mortgagor, for the term of five years from the 4th day of January, 1923, at the annual rental of two thousand ($2,000) dollars, and recorded in the office of the Register of the County of New York in Section 8A, Liber 345a, at page 37, on January 4, 1923; and (b) any and all renewals and right of renewals thereof; and (c) the Liquor Tax Certificate issued by the Special Deputy Commissioner of Excise for the Borough of Manhattan, New York City, authorizing traffic in liquors, in, and upon, said premises; and (d) any and all other Liquor Tax Certificates issued by the said Special Deputy Commissioner of Excise, authorizing traffic in liquors, etc., upon said premises.

TO HAVE AND TO HOLD all and singular the said chattels, fixtures, property, lease, leasehold interest, renewals and right of renewal, right of possession, and liquor tax certificate and renewals of the same, above granted, bargained and sold, or intended so to be, unto the said Mortgagee, its successors and assigns, forever.

And the said Mortgagor, for himself, his heirs, executors and administrators, does hereby covenant and agree that the said Mortgagor shall and will forever warrant and defend the right, title and interest of the Mortgagee in and to all and singular the said chattels, fixtures, property, lease, leasehold interest, renewals and right of renewal, right of possession, and liquor tax certificates and renewals of the same, above granted and sold, or intended so to be, unto the said Mortgagee, its successors and assigns, against the said Mortgagor, and against all and every person and persons whomsoever.

UPON CONDITION, that, if the Mortgagor shall, and do, well and truly pay unto the said Mortgagee, its successors and assigns, the just and full sum of seven thousand ($7,000) dollars, upon demand, and interest thereon, to be computed from the date hereof, at the rate of six (6%) per cent per annum, to be paid with the said principal sum when demanded, and, also, shall, and do, well and truly, pay all other indebtedness, which may hereafter be due, or become due, from the Mortgagor to the Mortgagee, for merchandise sold, or money loaned, or advanced, to, or for, the said Mortgagor, by the Mortgagee, or otherwise, then these presents shall be void, otherwise to remain in full force and effect.

And the said Mortgagor, for himself, his executors, administrators and assigns, does covenant and agree to and with the said Mortgagee, its successors and assigns, as follows:

(a) To pay to the Mortgagee the aforesaid sum of seven thousand ($7,000) dollars, and interest, when due, and as the same becomes due, and to pay all other indebtedness, which may hereafter be due, or become due, from the said Mortgagor to the Mortgagee, for merchandise sold, or money loaned, or advanced, to, or for, the Mortgagor by the Mortgagee, or otherwise.

(b) To keep the chattels and property in this mortgage, and in the annexed schedule, set forth, insured against loss, or damage, by fire, in an amount approved by the Mortgagee, and, in default thereof, it shall be lawful for the Mortgagee to effect such insurance, and the premiums paid for effecting the same shall be a lien upon the said mortgaged chattels, fixtures, property, lease, lease-hold interest, renewals and right of renewal, right of possession, and liquor tax certificates and renewals of the same, added to the amount of the said mortgage, or obligation, and secured by these presents, and payable upon demand, with interest at the rate of six (6%) per cent per annum.

(c) That, in case default shall be made in the payment of the said sum above mentioned, or in any part thereof, or of any indebtedness secured hereby, or in case such chattels or fixtures, or any part thereof, shall be levied upon under process, or removed, or attempted so to be, from the place where the same now are, by any person, or, if the interest of the Mortgagor in the above described premises, or any part thereof, or his right of possession thereof, shall be transferred, or if proceedings shall be commenced to dispossess said Mortgagor, or if the said Mortgagee shall, at any

« PreviousContinue »