Reference
X753/6
Title
Indenture of conveyance (pursuant to Statute 8/9 Victoria 119)
by way of Mortgage in Fee with power of sale etc.
Date free text
24 Oct 1856
Production date
From: 1856 To: 1859
Scope and Content
Parties:
i) George Baron of Shefford, baker (who was unmarried until after January 1834) as in X753/5 ii)
ii) William Brown of Langford, farmer
Recitals:
That i) is seised in fee simple in possession of the hereditaments a) below with appurtenances free from Land Tax and all incumbrances and to which premises he is about to make additions and having occasion for £300 applied to ii) who agreed to advance him the same on having repayment thereof with interest secured to him by way of mortgage in fee of the premises carrying interest of £5% per annum, a power of sale etc.
Operative part:
Conveyance from i), in consideration of ii), to the use of ii), his heirs and assigns, of:
a) messuage in Ampthill Street in Shefford as in X753/5 a); with all present and future additions and improvements of or to the same
Proviso that if i) or his representatives shall on 24 October next pay ii), his executors etc. the sum of £300 with interest for the same at the rate of £5% per annum in the meantime, then i) etc. shall at his/their own costs be entitled to reconveyance but that after the specified date ii) may sell a) or any part(s) thereof free from all right or equity of redemption and either together or in lots by auction or privately and subject to any special or other stipulations in regard to title or otherwise; with various powers (specified in detail) and provisions regarding that power of sale
Further proviso that any person executing the power of sale after full payment of all monies secured or before the expiration of 4 calendar months written notice to i), his heirs and assigns, of the intention to sell (‘and which notice may be served either personally or by leaving the same at the then last known place of abode of him, them or any of them or at some Post Office with the subscription or address “Mr George Baron or his representatives, Shefford, Bedfordshire” ’) shall be answerable to him/them as for a breach of trust and also in damages; with further related provisions regarding potential purchasers’ rights and position regarding the power of sale and related provisions
Covenant by i), by way of declaration and agreement, to be, during the continuance of the term (unless and until ii) shall otherwise declare in writing), tenant of the hereditaments and premises unto and under ii) by virtue hereof as and in the nature of a half yearly tenancy commencing 24 October 1856 at the rent of £7..10s per half year clear of all deductions and to be recoverable as in any other case of rent arrears
Statement that whist any money shall be due hereon, it shall be lawful for but optional with those holding or interested under this security to effect any insurance(s) of the mortgaged buildings against fire, the expense whereof shall be a charge upon a) and upon those interested in the equity of redemption and recoverable in like manner as any other money secured hereby but the money recovered by such insurance shall be applicable at the like option of discharging the mortgage debt or reinstating the property
Margin: note against the above covenant records ‘R J Bodger - 27th August 1859 - The tenancy stated in the covenant against or opposite to which this is written shall be and is hereby discontinued and abrogated’ [see X753/10]; and two clauses have been initialled ‘G A’ by George Austin as are other successive deeds in this bundle
Dorse: receipt, and signing, sealing and delivery witnessed by George Austin of Shefford, solicitor
Level of description
item