Home › Law for Everybody › Conveyances of Lands on Sale by Mortgage

Conveyances of Lands on Sale by Mortgage

-- day of, in the -, for

THIS indenture, made the day of, in the year, between A. B., of, etc., of the one part, and C. D., of, etc., of the other part. Whereas, E. F., of, etc., did, by a certain indenture of mortgage dated the the consideration of -, bargain and sell unto the said A. B., and to his heirs and assigns forever, all that certain, etc.; together with all and singular the hereditaments and appurtenances thereunto belonging: To have and to hold the said granted and bargained premises, with the appurtenances, unto the said A. B., his heirs and assigns, to the only proper use and behoof of the said A. B., his heirs and assigns forever ; provided, nevertheless, and the said indenture of mortgage was thereby declared to be upon condition, that if the said E. F., his heirs, executors, or administrators, should will and truly pay unto the said A. B., his executors, administrators, or assigns, day the the day just and full sum of -- with lawful interest for the same, on or before the of, in the year, according to the condition of a certain bond or writing, obligatory, bearing even date with the said indenture of mortgage, that then, and in such case, the said indenture, and the said writing obligatory, should be void and of no effect: And the said E. F. did, by the said indenture, for himself, his heirs and assigns, agree with the said A.B., his heirs, executors, administrators, and assigns , that in case it should so happen, that the said sum of ---, and the interest for the same, -- should be due and unpaid at the time limited for the payment thereof, in the whole or in part therof, that then it should and might be lawful for the said A. B., his heirs or assigns, at any time after default in payment, to bargain, sell, and dispose of the said mortgaged premises, with the appurtenances, at public vendue, and out of the moneys to arise from the sale thereof, to retain and keep the said sum of - dollars, and the interest, or so much thereof as might be due together with the costs and charges of such sale, or sales, rendering the overplus money, if any, to the said E. F., his heirs, executors, administrators, or assigns: And, whereas the said E. F. did not pay to the said A. B. the said sum of money, with the interest, at the time limited for payment, or at any time since: and the said A. B. hath, therefore, in pursuance of the authority so given to him as aforesaid, and according to the statute in such case made and provided, caused the premises to be advertized and sold at public auction; and the same has been struck off to the said C. D., for, being the highest sum bid for the same.

Now, therefore, this indenture witnesseth, that the said A. B., in pursuance of the power and statute aforesaid, and also for and in consideration of the said sum of --, to him in hand paid, by the said C. D., at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, hath granted, bargained, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release and confirm unto the said C. D., and to his heirs and assigns forever, all the farm, piece, or parcel of land above mentioned, together with the hereditaments and appurtenances, as the same is described and conveyed by said indenture of mortgage; and all the estate, right, title, interest, claim and demand at law and in equity, of him the said A. B., and also of the said E. F., as far forth as the said A. B. hath power to grant and convey the same, of, in, and to the premises, and every part and parcel thereof: To have and to hold the said above granted and bargained premises, with the appurtenances, unto the said C. D., his heirs and assigns, to the sole and only proper use and behoof of the said C. D., his heirs and assigns, forever.

In witness, etc. [as in General Form of Agreement].