CAP. 97]
[8. 28 cont.]
(2) By purchaser.
Mortgages. Sched. Form B. Implied provisions:
(1) Mortgagor's Covenants.
New Territories.
under which the property conveyed is held is at the date of the conveyance valid and subsisting; and that the vendor has at the date of the conveyance good right to convey the property comprised in the conveyance as is in the conveyance expressed free from incumbrances except as therein mentioned; and that the vendor and all persons claiming under or in trust for him will, during the residue of the term of years created by the Crown lease, licence or grant under which the property conveyed is held, at the request and cost of the purchaser do all acts and execute and sign all deeds and writings reasonably required for perfecting the conveyance;
(b) by the purchaser with the vendor, that the purchaser will during the residue of the term of years created by the Crown lease, licence or grant under which the property conveyed is held pay all rents payable in respect of the property conveyed, and will perform and observe all covenants and conditions so far as they relate to the property conveyed, contained in the said Crown lease, licence or grant, and will indemnify the vendor against the non-payment of the said rents and the non-performance and non-observance of the said covenants and conditions so far as aforesaid.
[36]
29. (1) A conveyance by way of mortgage (when it is the intention of the parties that the mortgagee shall not enter into possession until default is made in payment of the mortgage money) shall be made in Form B in the Schedule, and the following covenants by the mortgagor with the mortgagee shall be deemed to be included in every such mortgage-
(a) that the mortgagor will on the stated day pay to the mortgagee the stated mortgage money, and will, so long as the mortgage money or any part thereof remains due, pay to the mortgagee interest thereon by equal monthly payments at the stated rate on the stated day of each month;
(b) that the Crown lease, licence or grant under which the property conveyed is held is at the date of the conveyance good, valid and subsisting, and that the rent thereby reserved and the lessee's covenants
76
CAP. 97]
[8. 28 cont.]
(2) By purchaser.
Mortgages. Sched. Form B. Implied provisions:
(1) Mort- gagor's Covenants.
New Territories.
under which the property conveyed is held is at the date of the conveyance valid and subsisting; and that the vendor has at the date of the conveyance good right to convey the property comprised in the conveyance as is in the conveyance expressed free from incumbrances except as therein mentioned; and that the vendor and all persons claiming under or in trust for him will, during the residue of the term of years created by the Crown lease, licence or grant under which the property conveyed is held, at the request and cost of the purchaser do all acts and execute and sign all deeds and writings reasonably required for perfecting the conveyance;
(b) by the purchaser with the vendor, that the purchaser will during the residue of the term of years created by the Crown lease, licence or grant under which the property conveyed is held pay all rents payable in respect of the property conveyed, and will per- form and observe all covenants and conditions so far as they relate to the property conveyed, contained in the said Crown lease, licence or grant, and will indemnify the vendor against the non-payment of the said rents and the non-performance and non- observance of the said covenants and conditions so far as aforesaid.
[36]
29. (1) A conveyance by way of mortgage (when it is the intention of the parties that the mortgagee shall not enter into possession until default is made in payment of the mort- gage money) shall be made in Form B in the Schedule, and the following covenants by the mortgagor with the mortgagee shall be deemed to be included in every such mortgage-
(a) that the mortgagor will on the stated day pay to the mortgagee the stated mortgage money, and will, so long as the mortgage money or any part thereof remains due, pay to the mortgagee interest thereon by equal monthly payments at the stated rate on the stated day of each month;
(b) that the Crown lease, licence or grant under which the property conveyed is held is at the date of the conveyance good, valid and subsisting, and that the rent thereby reserved and the lessee's covenants
76
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