mortgagee, its successors or assigns, in discharge of the said obligation above recited, as for and in consideration of the further sum of one dollar, lawful money, well and truly paid to the said mortgagor by the said mortgagee at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained, sold, released, and confirmed, and by these presents does grant, bargain, sell, release, and confirm unto the said mortgagee, its successors and assigns, [describe premises conveyed].

To have and to hold the said lot or piece of land, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said mortgagee, its successors and assigns, to and for the only proper use and behoof of the said mortgagee, its successors and assigns, forever. Provided always, nevertheless, that if the said mortgagor, his heirs, executors, administrators, or assigns, do and shall well and truly pay, or cause to be paid, unto the said mortgagee, its successors or assigns, the aforesaid debt or principal sum of . ... dollars by instalments, on the days and times hereinbefore mentioned and appointed for the payment of the same, together with interest as aforesaid, without any fraud or further delay, and without any deduction, defalcation, or abatement to be made of anything, for and in respect to any taxes, charges, or assessments whatsoever, that then and from thenceforth, as well this present indenture, and the estate hereby granted, as the said herein recited obligation, shall cease, determine, and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding.

And the said mortgagor for himself, his heirs, executors, administrators, and assigns, covenants and agrees to keep said premises perpetually insured from loss by fire for a sum not less than . . . . dollars [said mortgage debt], so that the said mortgagee, its successors or assigns, shall have the security of such insurance; and further that he will, during every year of the continuance of this mortgage, pay all taxes which may be assessed for such year upon the real estate hereinbefore described, and, when requested, shall exhibit to said mortgagee the evidence of such payment. Provided, further, that if said mortgagor shall make default in the payment of any of said instalments, or of the interest as aforesaid, for the space of . . . . . . days, or shall neglect to do and perform the said covenants as to fire insurance and taxes as aforesaid, that thereupon it shall be lawful for the said mortgagee, its successors or assigns, to sue out forthwith a writ of scire facias upon this present indenture of mortgage,

and to proceed at once thereon to recover the principal moneys hereby secured, and all interest thereon, and all costs, charges, counsel fees (not exceeding five per cent. of said principal sum), and expenses of every kind which the said mortgagee, its successors or assigns, shall or may sustain or be put to, for or by reason of such default, in recovering the said principal and interest thereon according to law, without further stay, any law or usage to the contrary notwithstanding.

In witness whereof, the said A. B. has hereunto set his hand and seal the day and year first above written.

A. B. [L. s.]

MORTGAGE OF A LEASEHOLD

A. D. 19

in the county of.

This indenture, made the. between A. B., of . .

and C. D., of . .

and state of.

of...

and state of.

., of the first part,

in the county of . . .

of the second part: Whereas, E. F., .., did, by a certain indenture of lease, bear., A. D. 19, demise, lease,

ing date the . . . day of. and to farm let, unto the said A. B., and to his heirs, executors, administrators, and assigns, all and singular the premises hereinafter mentioned and described, together with their appurtenances; to have and to hold the same unto the said A. B., and to his heirs, executors, administrators, and assigns, for and during and until the full end and term of . . . years from the . . . day of . . . . ., A. D. 19 fully to be complete and ended, yielding and paying therefor unto the said E. F., and to his heirs, executors, administrators, or assigns, the yearly rent or sum of . . . . . dollars: And whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of.. dollars, lawful money of the United States of America, secured to be paid by a certain bond or obligation, bearing even date herewith, conditioned for the payment of the said sum of... . . dollars on the . . . day of . . . . ., A. D. and the interest thereon to be computed from the day of... .., A. D. 19 , at the rate of . . per centum per annum, to be paid semiannually on the . . . days of . . . . . and of . . . . . ; it being hereby expressly agreed that the whole of the said principal sum shall become due at the option of the mortgagee or obligee after default in the payment of interest, taxes, or assessments, or rents as hereinafter provided:

19

Now this indenture witnesseth, that the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, and also for and in consideration of the sum of one dollar, paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant and release, assign, transfer, and set over unto the said party of the second part, and to his heirs, executors, administrators, and assigns forever, [describe premises conveyed]; together with the appurtenances and all the estate and rights of the party of the first part of, in, and to said premises under and by virtue of the aforesaid indenture of lease. To have and to hold the said indenture of lease and the above-granted premises, unto the said party of the second part, his heirs, executors, and assigns, for and during all the rest, residue, and remainder of the said term of years yet to come and unexpired, in said indenture of lease, subject, nevertheless, to the rents, covenants, conditions, and provisions in the said indenture of lease mentioned. Provided always, that if the said party of the first part shall pay unto the said party of the second part the said sum of money mentioned in the condition of said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents and the estate hereby granted shall cease, determine, and be void.

And the said party of the first part covenants with the said party of the second part as follows:

First. That the party of the first part will pay the indebtedness as hereinbefore provided; and if default shall be made in the payment of any part thereof, the said party of the second part shall have power to sell the premises therein described according to law.

Second. That the said premises now are free and clear of all encumbrances whatsoever, and that he has good right and lawful authority to convey the same in manner and form hereby conveyed.

Third. That the party of the first part will keep the buildings on the said premises insured against loss by fire, for the benefit of the mortgagee.

Fourth. That the party of the first part will pay the rents and other charges mentioned in and made payable by said indenture of lease within. . . days after said rent or charges are payable.

Fifth. And it is hereby expressly agreed that the whole of the said principal sum shall become due at the option of the said mortgagee or obligee after default in the payment of

any instalment of principal, or after default in the payment of interest for . . . . . days, or after default in the payment of any rent or other charge made payable by said indenture of lease for. . . days, or after payment of any tax or assessment for. . . days after notice and demand.

In witness whereof, the said party of the first part to these presents has hereunto set his hand and seal the day and year first above written. A. B. [L. S.]

Sealed and delivered

in the presence of

MORTGAGES AND TRUST DEEDS USED IN

VARIOUS

JURISDICTIONS

CALIFORNIA DEED OF TRUST

A. D.

This deed of trust, made this. . . day of.. 19 , between [namè, residence, and occupation of debtor and grantor] of the first part, and [name, residence, and occupation of grantee or grantees, trustee or trustees] parties of the second part, and [name, residence, and occupation of creditor, for whose security the trust is created] of the third part:

. . .

Whereas, the said party of the first part has borrowed and received of the said party of the third part, in gold coin of the United States, the sum of . . . . dollars, and has agreed to repay the same on the . . . day of. A. D. 19 to the party of the third part in like gold coin, with interest, according to the terms of a certain promissory note, of even date herewith, executed and delivered therefor by the said party of the first part:

Now this indenture witnesseth, that the said party of the first part, in consideration of the aforesaid indebtedness to the said party of the third part and of one dollar to him in hand paid by the parties of the second part, the receipt whereof is hereby acknowledged, and for the purpose of securing the payment of said promissory note, and of any sum or sums of money, with interest thereon, that may be paid or advanced by, or may otherwise be due to the party of the second or third part, under the provisions of this instrument, does by these presents grant, bargain, sell, convey, and

confirm unto the parties of the second part in joint tenancy, and to the survivor of them, their successors and assigns, [describe land or premises granted]. And also, all the estate and interest, homestead, or other claim or demand, as well in law as in equity, which the said party of the first part now has or may hereafter acquire of, in, and to said premises, with the appurtenances. To have and to hold the same to the parties of the second part, as joint tenants (and not as tenants in common), with right of survivorship as such, and to their successors and assigns (said parties of the second part and their successors being hereby expressly authorized to convey, subject to the trusts herein expressed, the lands above described), upon the trusts and confidences hereinafter expressed, to wit:

First. During the continuance of these trusts, the party of the third part and the parties of the second part, their successors and assigns, are hereby authorized to pay, without previous notice, all taxes, assessments, and liens now subsisting, or which may hereafter be imposed by national, state, county, city, or other authority upon said premises, and on the money so borrowed as aforesaid, to whomsoever assessed, and all or any encumbrances now subsisting, or that may hereafter subsist thereon, which may in their judgment affect said premises or these trusts, at such time as in their judgment they may deem best; or in their discretion, for the benefit and at the expense of the said party of the first part, to contest the payment of any such taxes, assessments, liens, or encumbrances, or defend any suit or proceeding instituted for the enforcement thereof; and in like manner to prosecute or defend any suit or proceeding that they may consider proper to protect the title to said premises, and these trusts shall be and continue as security to the party of the third part, and his assigns, for the repayment, in gold coin of the United States, of the moneys so borrowed by the party of the first part and the interest . . . thereon, and of all amounts so paid out, and costs and expenses incurred as aforesaid, whether paid by the parties of the second or third part, with interest on such payments at the rate of . . . per cent. per month until final repayment.

Secondly. In case the said party of the first part shall well and truly pay, or cause to be paid at maturity, in gold coin as aforesaid, all sums of money so borrowed as aforesaid, and the interest . . ... thereon, and shall upon demand repay or deposit all other moneys secured, or intended to be secured hereby, and also the reasonable expenses of this trust, then the parties of the second part, the survivor of them, their