494

APPENDIX.

Default of
payment.

107. A covenant by a mortgagor, that in default of
payment the said [the mortgagee] may enter, shall be
construed and have the same effect us if the mortgagor
had covenanted, that if default shall he made in the pay-
ment of the sum dollars with interest or
any part thereof, at the times or in the manner afore-
said, then and from thence forth it shall and may be
lawful for the said [the mortgagee] his heirs assigns, to
enter into and upon the said land and premiss hereby
granted and released or intended so to be, with the ap-
purtenances and every part and parcel thereof to have,
hold possess and enjoy the same and receive and take
the rents, issues, profits, crops and produce thereof, and
of every part thereof to and for the use and benefit of
the said [the mortgagee,] his, heirs and assigns, without
any lawful let, suit, interruption, disturbance, claim or
demand whatever from or by the said [mortgagor] his
heirs or any other perron or persons whatsoever.

Provisoes.

108. In a mortgage the following proviso; "Pro-
vided, that until default of payment, the said [the mort-
gagor] shall possess the premises," shall bo construed
and have the same effect as if the following proviso had
been therein inserted; "Provided always, that until de-
fault is made in the payment of the said sum of
dollars and interest, or some part thereof it
shall and may be lawful for the said [the mortgagor]
his heirs, executors and administrators to hold and en-
joy the said land and premises hereby granted and re-
leased or intended and meant to be so with all appur-
tenances thereto, and the rents, issues, profits and pro-
duce thereof to take and receive to his or their own use
without any suit, interruption, disturbance, claim or
demand whatsoever of, from or by the said [the mort-
gagee] his heirs or assigns or any person or persons law-
fully claiming by from or under them.

Rules.

109. The rules herein before prescribed, as to the
acknowledgment and recording of deeds [except so far
as they may be altered by this chapter,] shall apply to
mortgages, and no additional act or ceremony whatever
shall be necessary.

Words.

110. In the certificate of acknowledgment of a mort-
gage, the word mortgage may be used instead of deed.

Take effect
from time
recorded.

111. Every mortgage, except as between the parties
therein, shall take effect only from the time it is record-
ed, without any reference to its date.