Every-day precedents in conveyancing: a collection of practical forms designed for professional use and suited to the emergencies of actual practice. With notes and a table of stamp duties online

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EVERY-DAY

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COLLECTION OF PRACTICAL FORMS

Jiesignefc for professional



AND SUITED TO

THE EMERGENCIES OF ACTUAL PRACTICE.
WITH NOTES

AND

A TABLE OF STAMP DUTIES,



BY

THOMAS WILKINSON, ESQ.,

FORMEBLY OF LIVEEPOOL, SOLICITOR OF THE SUPREME COUET, AND

CLERK TO THE JUSTICES FOE* THE BOROUGH AND COUNTY OF

NEWCASTLE-UPON-TTNE.



Parchemins inventes pour faire souvenir ou pour convaincre
les homm.es de leur parole. LA BBUYEEE.



THIRD EDITION, RE-EDITED AND ENLARGED.



LONDON :

HORACE COX,

; LAW TIMES OFFICE," 10, WELLINGTON STEEET, STEAND, W.C.

1881.




LONDON :
PBINTED BY HOBACE COX, 10, WELLINGTON STREET, STRAND, W.C.



c-

u.



to tfje Eijtrti Litton,



IN the preparation of this Edition for the press I have
spared no pains to make the work increasingly useful.

The text throughout has been carefully revised ; obsolete
matter expunged, and alterations in type and arrangement
everywhere effected. Notably, several new and, I hope,
serviceable forms have been inserted.

The later Case-law, as well as the provisions of recent
Statutes, where relevant to the subject matter, will be
found to be incorporated with, or cited in the various
notes.

With such emendations I am encouraged to believe
that the volume may, at least in the minutiae of drafting,
facilitate the Practitioner's labours while benefiting, in
a greater degree, the Conveyancing tyro for whom the
publication was primarily intended.

T. W.

Central Police Court, Newcastle-upon-Tyne,
May 28th, 1881.



a 2



na



(Extract from flje Preface to tfte Jftrst Litton.



THIS work originated in an earnest desire to furnish the
Profession with a collection of Precedents in the by-paths
of Conveyancing, which might be found useful when time
or expense (or both) prevents the employment of more
formal and elaborate instruments, or the occasion merely
demands a simple form not found in larger and more
learned volumes.

In the execution of this intention, it was suggested that
some Precedents, in strictness formal, elaborate, and costly,
might, from their peculiar character or provisions, be
inserted without any great detriment to my design, while
adding considerably to the completeness of the work and
its usefulness in practice. In deference to which suggestion
must be attributed such forms found herein as border the
great highway of property-alienation.

To those students articled in offices where the practice
is of a miscellaneous or kaleidoscopic rather than of a
specific or conservative character (and such are ' ' legion ")
I venture to hope some forms will be of considerable
assistance. It is sufficiently perplexing to peruse in
Davidson or Prideaux strict settlements with their ela-
borate provisions for jointure, pin-money, portions, and



PREFACE.



the complicated machinery of remainders and cross-
remainders, and to find in actual practice that your prosaic
client wishes his settlement to comprise shares in a barge
or a building society, a life policy, some furniture, and a
renewable leasehold, without having altogether to rely upon
one's unaided efforts to frame so heterogeneous a document ;
yet in every- day life perhaps the family estates are the
exception, and the very mixed personalty the rule !

Law Association Buildings, Liverpool,
March 2Sth, 1870.



CafaU 0! Contents.



PAGE

TABLE OF CASES . six



PRECEDENTS.

ACKNOWLEDGMENTS.

1. Acknowledgment by a Mortgagee of the Receipt of Title

Deeds 1

2. of Title 2

3. of a Statute-barred Debt 2

4. that an Irrevocable Voluntary Settlement

has been Explained ... 3

5. that a Surrender of Copyholds to Mort-

gagees never acknowledged 3

6. by a Mortgagor that he is Tenant to Mort-

gagee 4

AGREEMENTS.

7. Agreement to let a Dwelling House by the Month 4

8. to let a Cellar by the Year 5

9. to let a Furnished House by the Month 5

10. to let an Office by the Tear... 7

11. to let a Field by the Year with Special Conditions

as to the Mode of User ... ... ... ... 8

12. for the Hire of a Steam Engine and Apparatus

with the Option of Purchase ... 10

13. to let a House and Shop by the Year, the Bent

being Payable in Advance, and the Tenant to
have the Option of purchasing the Landlord's

Lease ... 12

14. to let a Slaughter House by the Year 14

15. to let a Theatre for a Term, Surety Guaran-
teeing Bent, &c. ... ... ... ... ... 14

16. for the Sale of a Dwelling House in Course of

Erection, and the Benefit of an Agreement for a

Lease ... ... ... 19

17. for the Sale of a Leasehold Dwelling House in

the Occupation of a Tenant 20



TABLE OF CONTENTS.



PAGE

18. Agreement for the Sale of a Smallware Business, Stock-in-

Trade, Fixtures, and Effects 20

19. for the Purchase of a Public-house Lease and for

Services as Barman meanwhile ... 21

20. for the Sale of a Public-house Lease, Goodwill,

and Fixtures ... 23

21. for the Sale of Freehold Land 26

22. for the sale of Freehold Land, Incorporating by

Reference Public Sale Conditions of a Local
Law Society (concise form) ... ... ... 30

23. to rescind a Contract ... ... 31

24. altering Terms of an Agreement ... ... ... 32

25. giving the Option of Purchasing a Share in a

Partnership and for Services meanwhile ... 33

26. for the Services of a Foreman and General

Manager with House rent free ... ... ... 36

27. for the Services of a Foreman, General Manager,

and Overlooker at a Weekly Salary and per-
centage on profits ... 39

28. for the Services of an Agricultural Superintendent

for an Estate Abroad ... ... 42

29. for an Ale and Porter Agency ... 45

30. between Co-owners for the Management of a Mer-

chant Vessel ... ... ... ... ... 47

31. for Testing and "Working a Patented Invention ... 52

32. for the Services of an Assistant ... ... ... 55

33. for the Services of Husband and Wife at a Con-

cert Hall : 56

34. for the Services of a Commission Agent ... ... 58

35. to refer to a Sole Arbitrator (concise form) ... 60

36. ' to refer Disputes touching the Construction of

Agreements ... ... 62

37. to refer the Terms of a Dissolution of a Partner-

ship to two Arbitrators and an Umpire... ... 64

38. under Seal declaring the User of Lights to be on

Sufferance 66

39. on paying an Execution out of a Dwelling House 68

40. between Partners that they are jointly interested

in a Lease ... ... ... ... 69

ASSIGNMENTS.

41. Absolute Assignment of a Leasehold Dwelling House ... 70

42. of a Public-house Lease, Licences and

Fixtures 72



TABLE OF CONTENTS.



PAGE

43. Absolute Assignment of Household Furniture and Effects in

Part Satisfaction of a Judgment

Debt 75

44. Assignment by Creditors of their Debts in Consideration of

an Immediate Composition ... ... ... 77

45.. of Shares in a Building Society ... ... ... 80

ATTESTATIONS.

(I.) Deeds.

46. Attestation, Common Form ... ... ... ... ... 81

47. by an Attorney 82

48. by a Blind Party 82

49. by a Deaf and Dumb Party 82

50. by a Marksman ... ... ... 82

51. where Obliterations or Erasures ... ... ... 83

52. where Interlineations ... ... ... ... 83

53. where Alterations ... ... ... ... ... 83

54.- of a Surrender of Copyholds ... ... ... 83

55. by a Company ... ... ... ... ... 84

56. of a Bill of Sale 84

(II.) Wills.

57. Common Form ... ... ... ... ... 84

58. where the Testator is Deaf and Dumb ... ... 85

59. where the Testator is Blind 86

60. where Another signs for the Testator ... ... 86

61. where the Testator Acknowledges Will 86

62. where the Testator a Marksman ... ... ... 87

AUTHORITIES.

63. Authority to hold Furniture assignedby a BiU of Sale ... 87

64. to convey Land in respect of 1 Stare's ... ... 88

65. to use Notices for transferring Licences 88

66. to pay Consideration Money to a Solicitor ... ... 89

67. by Cestui que Trusts to Trustees to postpone Sale 89

68. to a Trustee and Executor to Sell ... ... ... 91

69. by a Wife to Trustees to advance Husband Money 92

70. to Distrain for Rent 93

CONTRACTS.

71. Building Contract 94

72. Contract for the Erection of Dwelling Houses 102

73. with a Sub-Contractor Ill

74. for altering Premises ... ... ... ... ... 112

75. for pulling down Premises ... ... 113



TABLE OF CONTENTS.



PAGE

DECLARATIONS OF TRUST.

76. Declaration of a Person's Name being used in Trust for

another ... ... ... ... 115

77. as to Shares in a British Ship being held in

Trust 116

78. by an Executor of Pilot-boat Shares being held

in Trust for himself and Co-executors . . . 116

79. by a Mortgagee of Mortgage Money being

Trust Money 117

EQUITABLE MORTGAGES.

80. Equitable Mortgage of Interest under Contract to secure

existing Debt and future Advances 118

81. by Partners of Premises subject to a

prior Legal Mortgage ... ... 121

82. by a Mortgagee of Interest under

Mortgage, and giving priority ... 123

83. by a Deposit of Deeds 124

84. ' of Deeds given with a Promissory

Note 125

85. Letter accompanying a Deposit of Title Deeds with

Bankers for securing a Floating Balance of
Account ... ... ... ... ... ... 127

86. Equitable Mortgage by a Publican to a Brewer with whom

he Deposits a Copy of his Lease . . . 128

87. Further Charge for a present and future

Advances ... 133

GUARANTIES.

88. Guaranty for a Loan 135

89. for Payment of Bent 136

90. for Payment of a Debt in respect of Goods ... 136

91. for the due Performance of a Manager's Duties... 137

92. toaBank 139

INDEMNITIES.

93. Indemnity to a Surety of a Composition ... ... ... 140

94. to a Person permitting the Use of his Name in

carrying on a Business 141

LEASES.

95. Lease of Building Land ... 142

96. of a Dwelling House 147

97. of a Dwelling House and Fixtures (concise form) ... 151

98. of a Public House by a Freeholder 152



TABLE OF CONTENTS.



PAGE

99. Lease of a Public House, Fixtures, and Music Hall by a
Leaseholder (the Rent increasing and being Pay-
able in Advance, and the Tenancy Determinable
at the End of any Tear) 157

LETTERS OF LICENCE.
100. Letter of Licence to a Debtor froin his Creditors .

1A1 '- A A TV i i J? '"xl ' T j.

101. to two Debtors from their Joint

Creditors 165

LICENCES.

102. Licence from a Lessor to assign absolutely ... 168

103. from a Lessor to assign by way of Mortgage ... 168

104. by Mortgagees to grant a Lease ... ... ... 169

MEMORIALS.

105. Memorial to the Commissioners of Inland Revenue to stamp

a Deed without or with a mitigated Penalty . . . 170

106. to the Commissioners of Inland Revenue to stamp

a Deed after an alteration in the Date 171

107. for the Grant of a Certificate of Naturalization ... 172

NOTICES.

108. Notice to a Yearly Tenant to quit 174

109. to a Lessee to repair ... ... ... ... ... 175

110. by a Landlord to Sheriff of Unsatisfied claim for

Rent 176

111. by a Lessor to determine a Lease for Breach of

Covenants and Non-payment of Rent ... ... 176

112. by Vendors to Tenant of a Purchaser (who failed to

perform his Contract) to pay Rent to them ... 177

113. of an Application to Justices to eject a Tenant

holding over ... ... ... ... ... ... 178

114. of the Dissolution of a Partnership for the Gazette 179

115. by a Mortgagee to a Tenant to pay Rent to him ... 180

116. by Executors to Creditors to send in Claims, and to

Persons indebted to pay (concise form) ... ... 181

117. to Creditors under 22 & 23 Yict. c. 35, s. 29 ... 181

118. a shorter Form of a similar Notice ... ... ... 183

119. of the Adoption of an Additional Surname ... ... 183

120. to an Executor of an Assignment of Interest under

Will ... 184

121. of an absolute Assignment of Interest in a Life

Policy ... 184

122. of an Assignment of the Equity in a Life Policy ... 185

123. of a Mortgage of a Life Policy 185 ,



xii TABLE OF CONTENTS.



PAGE

124. Notice to a Mortgagee of a Second Mortgage of Freeholds 186 .

125. to a Depositary of a Charge on a Lease ... 187

126. demanding Payment of Money (payable on demand)

under a Bill of Sale 187

127. demanding Possession of Goods ... ... ... 188

128. of Claim to Goods seized under a Bill of Sale, or a

Writ of Execution 189

129. to a Builder to proceed according to his Contract ... 189

130. to determine a Partnership ... ... ... ... 190

131. to Carriers by a Yendor of Goods not to deliver

same to the Purchaser ... ... ... ... 190

132. of the Transfer of a Mortgage Debt by a Marriage

Settlement 191

133. to a Trustee of an Appointment by a Married

Woman of her Share and Interest under Will . . . 193

134 to a Yendor of Land contracted to be sold of Charge

by the Purchaser ... ... ... 193

135. to Yendors of Land contracted to be sold of Further

Charge by the Purchaser ... ... 194

PARTNERSHIP ARRANGEMENTS.

136. .Articles of Partnership ... ... ... ... ... 195

137. Receipt for the Purchase Money of Half-interest in a

Business, and explaining Articles of Partnership 201

138. Memorandum cancelling Articles of Partnership ... ... 202

139. Deed of Dissolution of Partnership ... 203

POWERS -OF ATTORNEY.

140. Power of Attorney from Partner to draw Bills (concise form) 208
141. to obtain Letters of Administration to

two Estates 209

142. to dissolve a Partnership... ... ... 210

143. from Partners to manage their Business

Abroad 212

144. from a Mortgagee of Hereditaments

Abroad to enter and sell 214

145. from Trustees under a Deed of Assign-

ment to collect Portions of the Trust
Estate 216

146. from an Owner as to the Sale and

Management of a Merchant Yessel . . . 217

147. from Cestui que Trust to act in respect

of his Share under Will 218

148. from Partners to recover a Debt due

from a foreign firm ... 220



TABLE OF CONTENTS.



PAGE

RECEIPTS.

149. Receipt for Consideration Money ... ... ... ... 223

150. for the Purchase Money of Stock-in-Trade and

Effects 223

151. for a Composition on a Debt, and Undertaking to

execute Release ... ... ... ... ... 224

152. for a Composition paid by a Trustee, and Under-

taking by Creditors to execute Release ... ... 224

153. for a Dividend paid by Trustees under a Deed of

Assignment to Creditors ... ... ... ... 225

154. by a Mortgagee for Deeds ... ... ... ... 226

155. by a Legatee for his Share of Residuary Estate . . . 226

156. for Moneys secured on Mortgage and Undertaking

to transfer ... ... ... ... ... ... 227

RECITALS.

157. Recital of a Lease 227

158. of a Mortgage of a Lease ... ... 228

159. of a Second Mortgage of a Lease ... ... ... 228

160. of a Transfer of a Second Mortgage of a Lease . . . 229

161. of no Sale having taken Place under a Mortgage ... 230

162. of no Reconveyance having been Executed ... ... 230

163. -of a Contract and Sub-contract for Sale ... ... 230

164. of Amounts due on Mortgages and Agreement to

pay off same out of Purchase Money
165. of a Contract with a Party deceased...

166. of a Will and Devise of Residue

167. of Codicils not affecting a General Devise

168. of a Death and Probate of a Will and Codicils

169. of a Death and Probate of a Will and Codicil the

latter whereof did not affect the Will as recited 233

170. of a Request to Convey 233

171. of a Judgment obtained against a Mortgagor . . . 233

172. of aii Action having been commenced against a

Mortgagor 233

173. of Liability on Promissory Notes ... 234

174. of a Policy of Life Assurance ... ... ... 234

175. of a Mortgage of a Policy of Life Assurance ... 235

176. of a Contract for Purchase of a Policy of Life

Assurance ... ... 235

177. of an Appointment of Leaseholds by a Will ... 235

178. - - of a Death and Probate of a Will by one Executor 236
179. of Executor's Assent to a Bequest ... ... ... 236

180. of a Deposit of a Lease ... ... ... ... 236

181. of a Mortgage of Leaseholds to a Building Society 236



xiv TABLE OF CONTENTS.

PAGE

182. Recital of a Memorandum of Further Charge to a Building

Society 237

183. of a Contract for Sale of Freeholds in Considera-

tion of an Annuity ... ... ... ... ... 238

184. of a Bond given as collateral Security 238

185. of Indebtedness on an Award... ... 238

186.- - of a Deposit of Deeds 239

187. of an Agreement that Purchase Money should be

paid to Mortgagees in Part Satisfaction ... ... 239

188. of Mortgagees having consented to release Land ... 239

189. of an Auction Sale of Leaseholds by Executors ... 240

190. of a Purchase having been made on a Joint Account 240

191.- - of a Partnership 240

192. of a Disclaimer 241

193.- - of Ownership of Fixtures, &c 241

194. as to Production of Deeds 241

195. - of a Lease being Partnership Property 242

196. of an Agreement to assign a Lease on the Dissolu-

tion of a Partnership ... ... ... ... 242

197. of an Agreement for a Partition of Freeholds ... 242

198. of the Dissolution of a Partnership ... ... ... 243

199. of an Agreement to accept a Surrender of Lease-
holds 243

200. of an assignment for Benefit of Creditors ... ... 244

201. of an Enfranchisement under the Copyhold Acts . . . 245

202. of a Conveyance to Uses to bar Dower subject to

Reservations and Restrictions ... ... ... 246

203. ' of a Reconveyance ... ... ... 246

RELEASES.

204. "Release by Creditors of an Intestate on Payment of a Com-

position by Administrator ... ... ... ... 247

205. by Creditors to Attorney of their Debts against his

Principal on Payment of a Composition ... ... 249

206. from a Debt owing by a Firm ... ... ... 251

207. between a Purchaser and a Vendor ... 252

208. to a Mortgagee of the Equity of Redemption in

Freeholds by the Parties entitled under the Will

of a deceased Mortgagor 253

^09. of an Annuity charged on Land ... ... ... 255

STATUTORY DECLAEATIONS.

210. Declaration by an Attesting Witness to a Notice of Disso-
lution of Partnership ... ... ... ... 257



TABLE OF CONTENTS.



PAGE

211. Declaration by an Attesting "Witness to the Execution of a

Deed 258

212. by a Vendor that Hereditaments to be comprised

in Conveyance are Unincumbered ... ... 259

213. by a Mortgagor of Chattels that they^are Unin-

cumbered... ... 259

214. as to the Identity of a Plot of Land 260

215. by a Husband that his Deceased Wife had no

Separate Estate ... ... ... ... ... 261

216. by an Attesting Witness to the Execution of a

Power of Attorney 262

217. in Proof of Debt to accompany a Power of

Attorney 262

218. as to change of a Building Society's Trustees... 263

219 as to a Death 265

220. in Proof of Heirship 265

221. verifying a Certificate of Baptism, Marriage,

or Death, and the Identity of the Person
named therein ... ... 268

222. in Verification of a Memorial 268

223. by a Memorialist verifying the Statements in

his Memorial for the Grant of a Certificate of
Naturalization ... ... ... ... ... 269

224. by four Householders vouching for the Respect-

ability and Loyalty of a Memorialist for the
Grant of a Certificate of Naturalization . . . 269

SURRENDERS.

225. Surrender of a Lease from Mortgagor, Mortgagee, and

Purchaser to a Corporation ... ... 271

226. of a Portion of the Premises comprised in a -

Lease, an Abatement being made in the
Rent 275

227. of an Existing Right of Way in Exchange for

a New Right of Way ; ... 277

TESTIMONITJMS.
(I.) Simple Contracts.

228. Testimonium, Common Form 279

229. by a Company 279

(II.) Deeds.

230. Common Form 279

231. to Lease and Counterpart ... ... ... 279

232. to a Deed Poll . 280



xvi TABLE OF CONTENTS.

PAGE

233. Testimouium to au Indenture executed by an Attorney . . . 280

234. by a Company 280

235. by a Corporation ... ... 280

(IU.) Wills.

236. Common Form 280

237. where Will written on several Sheets of Paper 281



UNDERTAKINGS.



238. Undertaking by Creditors to accept a Composition and to

execute a Release or an Assignment of their
Debts 281

239. to Stamp a Deed 282

240. to Deposit an Agreement for Tenancy and to

execute a Mortgage ... ... ... ... 282

241. by a Borrower to pay a Lender's Costs, if Loan

gooff 282

242. by Solicitors in a Bankruptcy to a Landlord on

his withdrawing Bailiffs ... 285

243. by Members of a Land Society on their Direc-

tors allotting the Shares in Anticipation of

the Period for Winding-up ... ... ... 286

244. by a Mortgagee on a Mortgagor suffering

Judgment in Ejectment as Collateral Secu-
rity 287

245. by a Mortgagor on a Second Mortgagee dis-

charging a Building Society's First Mort-
gage ... ... 288

WILLS.

246. Will of Real and Personal Estate. All to Testator's Wife

absolutely (concise form) ... 289

247. of Personal Estate only. Pecuniary Legacies. Residue

to Grandchildren on Condition that none of them
marry into a certain Family with Gift over . . . 290

248. of Real and Personal Estate. Unconverted to

Daughter at twenty-one. If she die before attain-
ing that Age for Sale and Division in specified
Shares among a Cousin, a Nephew, and two Brothers 291

249. of Real and Personal Estate. Furniture and House-

hold Effects to two Sisters until Marriage or Death
of one, and then entirety to the other. Pecuniary
Legacy to a Niece at Twenty-one or Marriage.
Residue for Sale and Investment. Income to Sisters
until Marriage of one and then entirety to the



TABLE OF CONTENTS. xvii

PAGE

other. If both Sisters marry, Income to be
divided into Three Parts and paid to them and
Niece during Life. Ultimate Division of Capital
and Income into Shares among their Issue, and in
Default to Brothers and their Issue. .. 293

250. Will of a Married Woman under a Power contained in her

Father's Will, appointing Property in Favour of
her Children and Grandchildren at Twenty-one or
Marriage. In Default to Husband 296

251. of Real and Personal Estate. Furniture to Wife.

Trusts for Sale and Investment. Income to Wife
for Life, and afterwards Capital and Income to
Children equally. Ultimate trust for Sisters and
Brothers 298

252. of Widow of Real and Personal Estate. Trust for

Sale and immediate Division of Proceeds after
Payment of a pecuniary Legacy and Debts ... 300

253. of Real and Personal estate in Favour of Natural

Children. Ultimate Trust for Executors ... ... 301

254. of Widow of Real and Personal Estate. Trust for

Sale and Investment. Income to be divided
between two Daughters for separate Use for Life,
and afterwards Capital to be divided between their
Children. If one Daughter die in the Lifetime of
the other without Issue, whole Income to Survivor
and Capital to Survivor's Children. If both die
without Issue, to Next of Kin. Provision for
Payment or Deduction of Debt due from one
Daughter's Husband to Testatrix ... 303

255. of Widow exercising a Power contained in her

Marriage Settlement appointing Property com-
prised therein, and devising other Property to
Trustees. Trust for Sale. Bequest of numerous
pecuniary Legacies with Provision against Lapse.
Residue to Brother 305

256. of Real and Personal Estate. Provisions for carry-

ing on Business, and for Sale to Sons. Annuity
or Income (in the Event of Sale) to Wife. Ulti-
mate Division of Capital and Income into Shares
among Children and Grandchildren. Full Powers
of Investment, and other usual Trustee Clauses . . . 309

257. Codicil reviving a Will revoked by Marriage, and revoking

two pecuniary Bequests, and giving an addi-
tional Legacy to two Brothers ... ... 319

6



xviii TABLE OF CONTENTS.

PAGE

258. Codicil of Widow putting a married Daughter living with

her apart from her husband on a Footing with
her unmarried or widowed Sisters, and excluding
her from Sharing in the Residue 320

259. bequeathing lapsed Legacies, and reducing and in-

creasing other Bequests ... ... 322

260. of Widow giving one of two Daughters a Power of

Appointment over her Moiety, and defeating
Right of Survivorship as declared by Will . . . 323

MISCELLANEOUS.

261. Articles of Marriage ... ... ... ... ... ... 324

262. Bond to secure faithful Discharge by an Agent of his

Duties 326

263. Certificate on Attested Copy of a Document ... ... 328

264. Conveyance to a Member of a Land Society ... ... ... 328

265. Deed of Separation. Husband to take the Children, and

allow Maintenance to Wife, who is to see Children
once a Week ... 332

266. Indenture of Apprenticeship ... 335

267. Reconveyance of Freeholds by Mortgagee to Mortgagor on