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In This Volume

SCHEDULE 6

Directions as to the Forms in This Schedule

  1. Parties who use any of the forms in this first column of this Schedule may substitute for the words “mortgagor” or “mortgagors”, or “mortgagee” or “mortgagees”, any name; and in every case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
  2. Parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule; and corresponding changes shall be taken to be made in the corresponding forms in the second column.
  3. Parties may fill up the blank spaces left in the forms 1, 11 and 13 in the first column of this schedule employed by them with any words or figures; and the words or figures introduced shall be taken to be inserted in the corresponding blank spaces left in the corresponding forms in the second column.
  4. Parties may introduce into or annex to any of the forms in the first column any express exceptions or other express qualifications and the same exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
  5. Parties may introduce into any mortgage other or further covenants, powers and provisions agreed on between them.
Column 1 Column 2
  • 1 Provided: This mortgage to be void on payment of [amount of principal money] of lawful money of Canada, with interest at [rate of interest]%, as follows: [terms of payment of principal and interest] and taxes and performance of statute labour.
  • 1 Provided always and these presents are upon this express condition, that if the said mortgagor, his heirs, executors, administrators, or assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said mortgagee, his executors, administrators, or assigns, the just and full sum of [amount of principal money] of lawful money of Canada, with interest thereon at the rate of [rate ofinterest] per centum per annum, on the days and times and in manner following, that is to say: [terms ofpayment of principal and interest], without any deduction, defalcation, or abatement out of the same for or in respect of any taxes, rates, levies, charges, rents, assessments, statute labour, or other impositions whatsoever already rated, charged, assessed, or imposed, or hereafter to be rated, charged, assessed, or imposed by authority of Parliament or of the Legislative Assembly, or otherwise howsoever, on the said land and tenements, hereditaments, and premises, with the appurtenances, or on the said mortgagee, his heirs, executors, administrators, or assigns, in respect to the said premises, or of the said money or interest, or any other matter or thing relating to these presents, and until such default as aforesaid shall and will well and truly pay, do, and perform or cause or procure to be paid, done, and performed all matters and things in this proviso hereinbefore set forth, then these presents, and everything in the same contained, shall be absolutely null and void; but nothing in this proviso or these presents shall make the mortgagor, his heirs, executors, administrators, or assigns, liable to pay to the mortgagee, his heirs, executors, administrators, or assigns, any tax, rate, or charge imposed upon the mortgagee, his heirs, executors, administrators, or assigns, in respect of the income derived by him or them in respect of the mortgage money or in respect of the devolution of the interest of the said mortgagee in the said land or mortgage money.
  • 2 The mortgagor covenants with the mortgagee.
  • 2 And the said mortgagor doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said mortgagee, his heirs, executors, administrators, and assigns, in manner following, that is to say:
  • 3 That the mortgagor will pay the mortgage money and interest, and observe the above proviso.
  • 3 That the said mortgagor, his heirs, executors, administrators, or some one of them, shall and will well and truly pay or cause to be paid unto the said mortgagee, his executors, administrators, or assigns, the said sum of money in the above proviso mentioned, with interest for the same as aforesaid, at the days and times and in manner above limited for payment thereof, and shall and will in everything, well, faithfully, and truly do, observe, perform, fulfill, and keep all and singular the provisions, agreements, and stipulations in the said above proviso particularly set forth, according to the true intent and meaning of these presents and of the said above proviso.
  • 4 That the mortgagor has a good title in fee simple to the land.
  • 4 And also that the said mortgagor at the time of the sealing and delivery hereof is and stands solely, rightfully, and lawfully seised of a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee simple of and in the land, tenements, hereditaments, and all and singular other the premises hereinbefore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of trusts, reservations, limitations, provisoes, or conditions, except those contained in the original grant thereof from the Crown, or any other matter or thing to alter, charge, change, encumber, or defeat the same.
  • 5 And that he has the right to convey the land to the mortgagee.
  • 5 And also that the said mortgagor now hath in himself good right, full power, and lawful and absolute authority to convey the said land, tenements, hereditaments, and all and singular other the premises hereby conveyed or hereinbefore mentioned or intended so to be, with their and every of their appurtenances, unto the said mortgagee, his heirs and assigns, in manner aforesaid and according to the true intent and meaning of these presents.
  • 6 And that on default the mortgagee shall have possession of the land.
  • 6 And also that from and after default shall happen to be made of or in the payment of the said sum of money in the said above proviso mentioned, or the interest thereof, or any part thereof, or of or in the doing, observing, performing, fulfilling, or keeping of some one or more of the provisions, agreements, or stipulations in the said above proviso particularly set forth, contrary to the true intent and meaning of these presents and of the said proviso, then and in every such case it shall and may be lawful to and for the said mortgagee, his heirs, executors, administrators, and assigns, peaceably and quietly to enter into, have, hold, use, occupy, possess, and enjoy the aforesaid land, tenements, hereditaments, and premises hereby conveyed or mentioned or intended so to be, with the appurtenances, without the let, suit, hindrance, interruption, or denial of him the said mortgagor, his heirs or assigns, or any other person or persons whomsoever.
  • 7 Free from all encumbrances.
  • 7 And that free and clear and freely and clearly acquitted, exonerated, and discharged of and from all arrears of taxes and assessments whatsoever due or payable upon or in respect of the said land, tenements, hereditaments, and premises, or any part thereof, and of and from all former conveyances, mortgages, rights, annuities, debts, judgments, executions, and recognizances, and of and from all manner of other charges or encumbrances whatsoever.
  • 8 And that the mortgagor will execute further assurances of the land as may be requisite.
  • 8 And also that from and after default shall happen to be made of or in the payment of the said sum of money in the said proviso mentioned or the interest thereof, or any part of such money or interest, or of or in the doing, observing, performing, fulfilling, or keeping of some one or more of the provisions, agreements, or stipulations in the said above proviso particularly set forth, contrary to the true intent and meaning of these presents and of said proviso, then and in every such case the said mortgagor, his heirs and assigns, and all and every other person or persons whosoever having or lawfully claiming, or who shall or may have or lawfully claim, any estate, right, title, interest, or trust of, in, to, or out of the land, tenements, hereditaments, and premises hereby conveyed or mentioned, or intended so to be, with the appurtenances, or any part thereof, by, from, under, or in trust for him the said mortgagor, shall and will, from time to time and at all times thereafter, at the proper costs and charges of the said mortgagee, his heirs, executors, administrators, or assigns, make, do, suffer, and execute, or cause or procure to be made, done, suffered, and executed, all and every such further and other reasonable act or acts, deed or deeds, devices, conveyances, and assurances in the law for the further, better, and more perfectly and absolutely conveying and assuring the said land, tenements, hereditaments, and premises with the appurtenances unto the said mortgagee, his heirs and assigns, as by the said mortgagee, his heirs and assigns, or his or their counsel learned in the law, shall or may be lawfully and reasonably devised, advised, or required, so as no person who shall be required to make or execute such assurances shall be compelled for the making or executing thereof to go or travel from his usual place of abode.
  • 9 And also that the mortgagor will produce the title deeds enumerated hereunder and allow copies to be made at the expense of the mortgagee.
  • 9 And also that the said mortgagor and his heirs shall and will, unless prevented by fire or other inevitable accident, from time to time and at all times hereafter, at the request and proper costs and charges in the law of the said mortgagee, his heirs, executors, administrators, or assigns, at any trial or hearing in any action or suit at law or in equity or other judicature or otherwise as occasion shall require, produce all, every, or any deed, instrument, or writing hereunder written for the manifestation, defence, and support of the estate, title, and possession of the said mortgagee, his heirs, executors, administrators, and assigns, of, in, to, or out of the said land, tenements, hereditaments, and premises hereby conveyed or mentioned or intended so to be, and at the like request, costs, and charges shall and will make and deliver or cause or procure to be made and delivered unto the said mortgagee, his heirs, executors, administrators, and assigns, true and attested or other copies or abstracts of the same deeds, instruments, and writings respectively or any of them, and shall and will permit and suffer such copies and abstracts to be examined and compared with the said original deeds by the said mortgagee, his heirs and assigns.
  • 10 And that the mortgagor has done nothing to encumber the land.
  • 10 And also that the said mortgagor hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered any act, deed, matter, or thing whatsoever whereby or by means whereof the said land, tenements, hereditaments, and premises hereby conveyed or mentioned, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in anywise impeached, charged, affected, or encumbered in title, estate, or otherwise howsoever.
  • 11 And that the mortgagor will insure the buildings on the land to the amount of not less than _______ currency.
  • 11 And also that the said mortgagor or his heirs shall and will forthwith insure, unless already insured, and during the continuance of this security keep insured against loss or damage by fire, in such proportions upon each building as may be required by the said mortgagee, his heirs or assigns, the messuages and buildings erected on the said land, tenements, hereditaments, and premises hereby conveyed or mentioned, or intended so to be, in the sum of _______ of lawful money of Canada at the least in some insurance office, to be approved of by the said mortgagee, his heirs, executors, administrators, or assigns, and pay all premiums and sums of money necessary for such purpose as the same shall become due, and will on demand assign, transfer, and deliver over unto the said mortgagee, his heirs, executors, administrators, or assigns, the policy or policies of assurance, receipt and receipts thereto appertaining; and if the said mortgagee, his heirs, executors, administrators, or assigns, shall pay any premiums or sums of money for insurance of the said premises or any part thereof, the amount of such payments shall be added to the debt hereby secured, and shall bear interest at the same rate from the time of such payments, and shall be payable at the time appointed for the then next ensuing payment of interest on the said debt.
  • 12 And the mortgagor releases to the mortgagee all his claims on the land subject to the proviso.
  • 12 And the said mortgagor hath released, remised, and for ever quitted claim, and by these presents doth release, remise, and for ever quit claim unto the said mortgagee, his heirs and assigns, all and all manner of right, title, interest, claim, and demand whatsoever, both at law and in equity, of, unto, and out of the said land, tenements, hereditaments, and premises hereby conveyed, or mentioned or intended so to be, and every part and parcel thereof, so as that neither the said mortgagor, his heirs, executors, administrators, or assigns, shall or may at any time hereafter have claim, pretend to, challenge, or demand the said land, tenements, hereditaments, and premises, or any part thereof, in any manner howsoever, subject always to the said above proviso; but the said mortgagee, his heirs, executors, administrators, or assigns, and the said land, tenements, hereditaments, and premises, subject as aforesaid, shall from henceforth for ever hereafter be exonerated and discharged of and from all claims and demands whatsoever, which the said mortgagor, his heirs or assigns, might or could have upon the said mortgagee, his heirs, executors, administrators, or assigns, in respect of the said land, tenements, hereditaments, and premises, or upon the said land, tenements, hereditaments, and premises.
  • 13 Provided that the mortgagee, on default of payment for _______ month, may _______ on notice enter on and lease or sell the land.
  • 13 Provided always, and it is hereby declared and agreed by and between the parties to these presents, that if the said mortgagor, his heirs, executors, or administrators, shall make default in any payment of the said money or interest, or any part of either of the same, according to the true intent and meaning of these presents and of the proviso in that behalf hereinbefore contained, and _______ calendar month _______ shall have thereafter elapsed without such payment being made (of which default, as also of the continuance of the said principal money and interest, or some part thereof, on this security, the production of these presents shall be conclusive evidence), it shall and may be lawful to and for the said mortgagee, his executors, administrators, or assigns, after giving written notice to the said mortgagor, his heirs or assigns, of his intention in that behalf, either personally, or at his or their usual or last known place of residence within this Province, or by affixing the same on the mortgaged premises, not less than _______ previous without any further consent or concurrence of the said mortgagor, his heirs or assigns, to enter into possession of the said land, tenements, hereditaments, and premises hereby conveyed, or mentioned, or intended so to be, and to receive and take the rents, issues, and profits thereof, and whether in or out of possession of the same, to make any lease or leases thereof, or of any part thereof, as he shall think fit, and also to sell and absolutely dispose of the said land, tenements, hereditaments, and premises hereby conveyed, or mentioned, or intended so to be, or any part or parts thereof, with the appurtenances, by public auction or private contract, or partly by public auction and partly by private contract, as to him shall seem meet, and to convey and assure the same when so sold unto the purchaser or purchasers thereof, his heirs and assigns, or as he, she, or they shall direct and appoint, and to execute and do all such assurances, acts, matters and things as may be found necessary for the purposes aforesaid; and the said mortgagee shall not be responsible for any loss which may arise by reason of any such leasing or sale as aforesaid, unless the same shall happen by reason of his wilful neglect or default; and it is hereby further agreed between the parties to these presents that, until such sale or sales shall be made as aforesaid, the said mortgagee, his heirs, executors, administrators, or assigns, shall and will stand and be possessed of and interested in the rents and profits of the said land, tenements, hereditaments, and premises in case he shall take possession of the same, on any default as aforesaid, and after such sale or sales shall stand and be possessed of and interested in the moneys to arise or be produced by such sale or sales, or which shall be received by the mortgagee, his heirs, executors, administrators, or assigns, by reason of any insurance upon the said premises or any part thereof, upon trust in the first place to pay and satisfy the costs and charges of preparing for and making sales, leases, and conveyances as aforesaid, and all other costs and charges, damages and expenses which the said mortgagee, his heirs, executors, administrators, or assigns, shall bear, sustain, or be put to for taxes, rent, insurances, and repairs, and all other costs and charges which may be incurred in and about the execution of any of the trusts in him hereby reposed; and in the next place to pay and satisfy the principal sum of money and interest hereby secured or mentioned, or intended so to be, or so much thereof as shall remain due and unsatisfied up to and inclusive of the day whereon the said principal sum shall be paid and satisfied; and after full payment and satisfaction of all such sums of money and interest as aforesaid, upon his further trust that the said mortgagee, his heirs, executors, administrators, or assigns, do and shall pay the surplus (if any) to the said mortgagor, his heirs or assigns, or as he shall direct and appoint, and shall also, in such event, at the request, costs and charges in the law of the said mortgagor his heirs or assigns convey and assure unto the said mortgagor, his heirs or assigns, or to such person or persons as he shall direct and appoint, all such parts of the said land, tenements, hereditaments, and premises as shall remain unsold for the purposes aforesaid, freed and absolutely discharged of and from all estate, lien, charge, and encumbrance whatsoever by the said mortgagee, his heirs or assigns, in the meantime, so as no person who shall be required to make or execute any such assurances shall be compelled for the making thereof to go or travel from his usual place of abode; provided always, and it is hereby further declared and agreed by and between the parties to these presents, that, notwithstanding the power of sale and other the powers and provisions contained in these presents, the said mortgagee, his heirs, executors, administrators, or assigns, shall have and be entitled to his right of foreclosure of the equity of the redemption of the said mortgagor, his heirs and assigns, in the said land, tenements, hereditaments, and premises, as fully and effectually as he might have exercised and enjoyed the same in case the power of sale and the other former provisoes and trusts incident thereto had not been herein contained.
  • 14 Provided that the mortgagee may distrain for arrears of interest.
  • 14 And it is further covenanted, declared, and agreed by and between the parties to these presents that if the said mortgagor, his heirs, executors, or administrators, shall make default in payment of any part of the said interest at any of the days or times hereinbefore limited for the payment thereof, it shall and may be lawful for the said mortgagee, his heirs or assigns, to distrain therefor upon the said land, tenements, hereditaments, and premises, or any part thereof, and by distress warrant to recover by way of rent reserved, as in the case of a demise of the said land, tenements, hereditaments, and premises, so much of such interest as shall from time to time be or remain in arrear and unpaid, together with all costs, charges, and expenses attending such levy or distress, as in like cases of distress for rent.
  • 15 Provided that in default of the payment of the interest hereby secured, or taxes as hereinbefore provided, the principal hereby secured becomes payable.
  • 15 Provided always, and it is hereby further expressly declared and agreed by and between the parties to these presents, that if any default shall at any time happen to be made of or in the payment of the interest money hereby secured or mentioned, or intended so to be, or any part thereof, or in payment of any of the said taxes, rates, levies, charges, rents, assessments, statute labour, or other impositions whatsoever, then and in such case the principal money hereby secured or mentioned, or intended so to be, and every part thereof, shall forthwith become due and payable in like manner and with the like consequences and effects to all intents and purposes whatsoever as if the time herein mentioned for payment of such principal money had fully come and expired, but that in such case the said mortgagor, his heirs or assigns, shall, on payment of all arrears under these presents, with lawful costs and charges in that behalf, at any time before any judgment in the premises recovered at law, or within such time as by the practice of equity relief therein could be obtained, be relieved from the consequences of nonpayment of so much of the money secured by these presents or mentioned, or intended so to be, as may not then have become payable by reason of lapse of time.
  • 16 Provided that until default of payment, the mortgagor shall have quiet possession of the land.
  • 16 And provided also, and it is hereby further expressly declared and agreed by and between the parties to these presents, that, until default shall happen to be made of or in the payment of the said sum of money hereby secured or mentioned, or intended so to be, or the interest thereof, or any part of either of the same, or the doing, observing, performing, fulfilling, or keeping some one or more of the provisions, agreements, or stipulations herein set forth, contrary to the true intent and meaning of these presents, it shall and may be lawful to and for the said mortgagor, his heirs and assigns, peaceably and quietly to have, hold, use, occupy, possess, and enjoy the said land, tenements, hereditaments, and premises hereby conveyed or mentioned, or intended so to be, with their and every of their appurtenances, and receive and take the rents, issues, and profits thereof to his own use and benefit, without let, suit, hindrance, interruption, or denial of or by the said mortgagee, his heirs, executors, administrators, or assigns, or of or by any other person or persons whomsoever lawfully claiming, or who shall or may lawfully claim, by, from, under, or in trust for him, her, them or any or either of them.