PROPERTY LAW ACT 1958 - EIGHTH SCHEDULE
PROPERTY LAW ACT 1958 - EIGHTH SCHEDULE
Eighth Schedule—Short forms of deeds
I— Mortgage
THIS INDENTURE OF MORTGAGE made the day of 20 between A. of [&c.] of the one part and B. of [&c.] and C. of [&c.] of the other part.
WITNESSETH that in consideration of the sum of $ paid to A. by B. and C. out of money belonging to them on a joint account of which sum A. hereby acknowledges the receipt A. hereby covenants with B. and C. to pay to them on the day of 20 the sum of $ with interest thereon in the meantime at the rate of [ four ] per centum per annum and also as long after that day as any principal money remains due under this mortgage to pay to B. and C. interest thereon at the same rate by equal half‑yearly payments on the day of and the day of
AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A. as beneficial owner hereby conveys to B. and C. All that [&c.]
To hold to and to the use of B. and C. in fee-simple subject to the proviso for redemption following (namely) that if A. or any person claiming under him shall on the day of 20 pay to B. and C. the sum of $ and interest thereon at the rate aforesaid then B. and C. or the persons claiming under them will at the request and cost of A. or the persons claiming under him re-convey the premises to A. or the persons claiming under him.
AND A. hereby covenants with B. as follows—[ here add covenant as to fire insurance or other special covenant required ].
In witness, &c.
II— Further Charge
THIS INDENTURE made the day of 20 between [ the same parties as the foregoing mortgage ] and supplemental to an indenture of mortgage dated the day of 20 and made between the same parties for securing the sum of $ and interest at [ four ] per centum per annum on property at [&c.]
WITNESSETH that in consideration of the further sum of $ paid to A. by B. and C. out of money belonging to them on a joint account [ add receipt and covenant as in the foregoing mortgage ] and further that all the property comprised in the before-mentioned indenture of mortgage shall stand charged with the payment to B. and C. of the sum of $ and the interest thereon hereinbefore covenanted to be paid as well as the sum of $ and interest secured by the same indenture.
In witness, &c.
III— Conveyance on Sale
THIS INDENTURE made the day of 20 between A. of [&c.] of the first part B. of [&c.] and C. of [&c.] of the second part and M. of [&c.] of the third part.
WHEREAS by an indenture dated [&c.] and made between [&c.] the lands hereinafter mentioned were conveyed by A. to B. and C. in fee-simple by way of mortgage for securing $ and interest and by a supplemental indenture dated [&c.] and made between the same parties those lands were charged by A. with the payment to B. and C. of the further sum of $ and interest thereon.
AND WHEREAS a principal sum of $ remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and C. hereby acknowledge NOW THIS INDENTURE WITNESSETH that in consideration of the sum of $ paid by the direction of A. to B. and C. and of the sum of $ paid to A. those two sums making together the total sum of $ paid by M. for the purchase of the fee-simple of the lands hereinafter mentioned of which sum of $ B. and C. hereby acknowledge the receipt and of which total sum of $ A. hereby acknowledges the payment and receipt in manner before mentioned B. and C. as mortgagees and by the direction of A. as beneficial owner hereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] To hold to and to the use of M. in fee-simple discharged from all money secured by and from all claims under the before-mentioned indentures [ Add, if required , and A. hereby acknowledges the right of M. to production of the documents of title mentioned in the Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof].
In witness, &c.
[The Schedule above referred to.
To contain list of documents retained by A. ]
Sch. 9 amended by Nos 24/2008 s. 85(3), 70/2013 s. 3(Sch. 1 item 42.7).