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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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810204.ws
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1993-08-24
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6KB
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136 lines
This indenture made ______________, between _________________,
whose post office address is _________________, City of
__________________, County of __________________, State of
___________________ mortgagor, and _________________, whose post
office address is ___________________, City of
___________________, County of __________________, State of
__________________, mortgagee:
Witnesseth, that mortgagor, for and in consideration of $
_____________ ( _____________________________________________ &
____/100 dollars), paid to mortgagor by mortgagee, the receipt of
which is acknowledged, does by the presents grant, bargain, sell,
and convey to mortgagee, _________________, his or her; heirs,
executors, administrators, successors, and assigns forever all of
the following described real estate in the County of
___________________, State of North Dakota, described as follows:
___________________________________________________
To have and to hold the same, together with all the hereditaments
and appurtenances thereunto belonging or in any wise
appertaining, unto mortgagee, _________________, his or her;
heirs, executors, administrators, successors, and assigns forever.
Mortgagor covenants with mortgagee, _________________, heirs,
executors, administrators, successors, and assigns that mortgagor
has good right to convey the same, that the same are free from
all encumbrances, except:
____________________________________________________
that mortgagee, _________________ his or her; heirs, executors,
administrators, successors, and assigns shall quietly enjoy and
possess the same,and that mortgagor will warrant and defend the
title to the same against all lawful claims, hereby relinquishing
and conveying all right of homestead and all contingent claims
and rights whatsoever in and to the premises.
Provided, nevertheless, that if mortgagor, _________________, his
heirs, executors, or administrators shall well and truly pay, or
cause to be paid. Mortgagee, his or her; heirs, executors,
administrators, successors or assigns, the sum of $ ____________
( _______________________________________ & _____/100
dollars) and interest according to the conditions of his note of
even date herewith, as follows:
___________________________________________________
and shall also keep and perform all and singular the covenants
and agreements herein contained, then this deed shall be null and
void, and the premises hereby conveyed shall be released at the
cost of mortgagor otherwise this deed shall remain in full force
and effect.
Mortgagor does covenant and agree with mortgagee, his heirs,
executors, administrators, successors, and assigns to pay the sum
of money and interest thereon as above specified to pay as a part
of the debt hereby secured, in case of each or any foreclosure or
commencement of foreclosure of this mortgage, all costs and
expenses and statutory attorneys fees in addition to all sums and
costs allowed in that behalf by law to permit no waste, and to
do, or permit to be done, to the premises nothing that may in any
manner impair or weaken the security under this mortgage to pay
all taxes or assessments that may be assessed against or be a
lien on the premises, or any part thereof, or on this mortgage or
note or the legal holder thereof, before the same shall become
delinquent to keep the buildings on the premises insured for $ (
& no/100 dollars) in companies acceptable, with loss payable to
mortgagee or his or her; assigns and in case of failure to pay
such taxes or assessments or to comply with any of the agreements
hereunder, or in case any claim, lien, or encumbrance exists on
the premises that is prior to this mortgage, mortgagee, his or
her; heirs, and executors, administrators, successors or assigns
may at his option pay and discharge such taxes or other
obligation, and the sum or sums of money that may so be paid,
with interest from the time of payment at the same rate as the
principal sum, shall be deemed and are hereby declared to be a
part of the debt secured by this mortgage and shall be
immediately due and payable. it is further agreed and understood
that this mortgage shall also cover any renewal note for the
above-described indebtedness or any part thereof.
But if default shall be made in the payment of such sum of money,
or interest, or the taxes, or any part thereof, at the time and
in the manner hereinbefore or hereinafter specified, mortgagor in
such cases does hereby authorize and fully empower mortgagee,
_________________, his or her heirs, executors, administrators,
successors, or assigns, to sell the hereby granted premises and
convey the same to the purchaser in fee simple agreeably to the
statute in such case made and provided, and out of the moneys
arising from such sale to retain the principal and interest that
shall then be due on such note, and all taxes on such lands,
together with all costs and charges,and statutory attorney's
fees, and pay the surplus if any to mortgagor, his heirs,
executors, administrators, or assigns. If mortgagor defaults in
any of the foregoing provisions, it shall be lawful for
mortgagee, his or her heirs, executors, administrators,
successors, or assigns or mortgagees attorney to declare the
whole sum above specified to be due.
In testimony whereof, mortgagee has hereunto set his or her hand
the day and year first above written.
____________________________________________
_________________
Witnesses as to _________________:
____________________________________________
____________________________________________
STATE OF ____________________
COUNTY OF ___________________
_________________ personally appeared before me and acknowledged
the execution of this instrument.
Dated: ________________________
________________________________________
My Commission Expires: