✨ Legal Forms and Declarations
672
Statutory Declaration to accompany Application for Advance
under Section 2 (a), (b), or (d) of the Discharged Soldiers
Settlement Amendment Act, 1917.
I, [Name in full], of [Address and occupation], do solemnly
and sincerely declare—
- That I am a discharged soldier within the meaning of
the Discharged Soldiers Settlement Act, 1915. - That my answers to the questions set out in the attached
application are true and correct in every particular.
And I make this solemn declaration conscientiously believing
the same to be true, and by virtue of the Justices of the Peace
Act, 1908.
Declared at
this day of , 19 ,
before me—
Justice of the Peace for New Zealand
[or Solicitor, or Notary Public].
Form No. 9.
OPTION TO PURCHASE.
To [Name and address].
I, [Name and address of vendor], in consideration of the sum
of* paid to me by you (the receipt whereof I hereby
acknowledge), hereby give you the option to purchase my
property, being Section , Block , Survey
District of , containing , together with all
buildings (inclusive of ranges, stoves, tanks, and all other
fixtures), yards gates, grains, wells, windmills, water-troughs,
plantations, and all other improvements, rights, easements,
and appurtenances existing thereon or belonging thereto at
the date of this option, at the price of per acre.
This option for purchase shall remain open to you for a
period of weeks from the date hereof.†
Dated this day of , 19 .
- A nominal consideration—say, 5s.
† In the case of town or suburban properties or rural land
readily accessible, it is desirable that the period of option be
not less than four weeks, and in the case of land situated
in isolated localities a period of two months, in order that
sufficient time may be provided for special inspection and
valuations, &c.
Form No. 10.
Under the Discharged Soldiers Settlement Amendment Act, 1917.
MEMORANDUM OF MORTGAGE.
(hereafter called “the mortgagor ”), being re-
gistered as proprietor of an estate [Here state nature of the
estate or interest], subject, however, to such encumbrances,
liens, and interests as are notified by memoranda underwritten
or endorsed hereon, in piece of land situated in
the [District, county, hundred, or township] containing [Here
state the area exclusive of roads intersecting the same, if any],
be the same a little more or less [Here state rights of ways,
privileges, or easements, if any, intended to be conveyed ; if the
land to be dealt with contains all that is included in an existing
grant or certificate of title or lease, refer thereto for description
and diagrams ; otherwise set forth the boundaries in chains,
links, or feet, and refer to plan thereof on margin of or annexed
to the lease, or deposited in the Registry Office].
Whereas the mortgagor has [have], pursuant to the pro-
visions of section 2 of the Discharged Soldiers Settlement
Amendment Act, 1917, received an advance of £ from
His Majesty the King (hereinafter called “ the mortgagee ”):
Now, therefore, in consideration of such advance the
mortgagor doth hereby covenant with the mortgagee as
follows :—
- That the mortgagor will pay to the mortgagee at the
office of the Commissioner of Crown Lands at the
moneys hereby secured, together with interest thereon at
the rate of 5 per centum per annum, from the first day of
, by instalments of each, pay-
able on the first day of January and first day of July in
each year during the period of years from the first
day of , and one instalment of £ payable on
the first day of January or July next following the date
upon which the last of the aforesaid instalments becomes
due and payable. The first such instalment of principal and
interest shall be payable on the first day of , 19 .
On the first day of , 19 , the mortgagor will pay
to the mortgagee the sum of £ in payment of interest
on the amount of the advance for the period from
to
All moneys paid by the mortgagor in respect of instalments
shall be applied by the mortgagee in payment of interest
and principal in the proportions applicable to the appropriate
payment calculated in accordance with
[Signature]
[Signature.]
-
The mortgagor may at any time, without previous
notice of intention so to do, pay to the mortgagee the amount
(in no case less than ten pounds) of principal included, ac-
cording to the table in the , in any number of consecu-
tive half-yearly instalments next succeeding the instalment
corresponding to the half-yearly period then current.
The payment of any such amount shall not affect the
periodical continuity of half-yearly instalments, but the
amount of principal and interest included in the succeeding
instalments shall be calculated according to the said table as
if the half-yearly periods corresponding to the instalments of
principal so paid had expired, and the period of years
during which instalments of principal and interest would have
been payable shall be reduced accordingly. -
That the mortgagor will forthwith insure, and so long
as any money remains owing on this security will keep in-
sured, all buildings and erections for the time being situate
on the said land against loss or damage by fire, in the name
of the mortgagee, to their full insurable value, in the State
Fire Insurance Office, or other reputable insurance office to
be from time to time approved by the mortgagee, and will
duly and punctually pay all premiums and sums of money
necessary for the purpose of keeping every such insurance on
foot; and will, not later than the forenoon of the day on
which any premium falls due, deliver the receipt therefor to
the mortgagee, who shall also be entitled to the exclusive
custody of all policies of insurance. -
That the mortgagor will from time to time, so long
as any money remains owing on this security, well and
substantially repair, and keep in good and substantial repair
and condition, all buildings or other improvements erected
and made upon the said land; and that the mortgagee
may at all times be at liberty, by himself, his agents or ser-
vants, to enter upon the laid land to view and inspect the
said buildings and improvements. -
That if the mortgagor fails or neglects to insure or
keep insured the said buildings and erections as aforesaid,
or to deliver any premium receipt as aforesaid, or to repair
the said buildings and improvements, or to keep them in good
and substantial repair and condition as aforesaid, then and
in any such case, and as often as the same shall happen, it
shall be lawful for but not obligatory on the mortgagee, at
the cost and expense in all things of the mortgagor , to
insure the said buildings or any of them in such sum as
aforesaid or in any less sum, or to pay such premium, or to
repair the said buildings and improvements and keep them
in good and substantial repair and condition. -
That in the event of the said buildings and erections
or any of them being destroyed or damaged by fire, all moneys
received by the mortgagee under any insurance in respect of
such destruction or damage shall be applied at his sole option
either in or towards rebuilding or repairing the buildings
and erections so destroyed or damaged, or in or towards
payment of the principal, interest, and other moneys for
the time being covered by this security, notwithstanding
that the same or any of them may not have accrued due
under the terms of these presents. -
That all moneys expended by the mortgagee in and
about effecting or keeping on foot any insurance as aforesaid,
or in repairing or keeping in repair any of the said buildings
and improvements as aforesaid, or in attempting to exercise
or enforce any power, right, or remedy herein contained or
implied in favour of the mortgagee, shall be payable to him
by the mortgagor on demand, and until paid shall be
charged on the said land, together with interest at the rate
of 5 per centum per annum computed from the date or dates
of such moneys being expended. -
That the power of sale and incidental powers in that
behalf conferred upon mortgagees by the Land Transfer
Act, 1915, shall be implied herein, with this modification:
that they may be exercised without any notice or demand
whatsoever if and whenever the mortgagor makes default
for fourteen days in the full and punctual payment of any
moneys hereby secured, or the interest thereon, in accordance
with the respective covenants for payment thereof herein
contained; or if and whenever the mortgagor makes de-
fault in the faithful observance and performance of any
other covenant or condition on his [their] part herein con-
tained or implied. -
That if and whenever the mortgagor makes any such
default as in the last preceding covenant mentioned it shall
be lawful for the mortgagee to call up and compel payment
of all principal, interest, and other moneys for the time
being owing under this security, notwithstanding that the
time or times hereinbefore appointed for the payment thereof
respectively may not have arrived. -
That the covenants, powers, and provisions implied
in mortgages by the Land Transfer Act, 1915, are modified
or negatived in so far as they are inconsistent with or re-
pugnant to these presents. -
That in the case of lands held under lease or license
the mortgagor will at all times punctually pay the rent
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VUW Te Waharoa —
NZ Gazette 1926, No 15
NZLII —
NZ Gazette 1926, No 15
✨ LLM interpretation of page content
🗺️
Application for an Advance under Discharged Soldiers Settlement Amendment Act
(continued from previous page)
🗺️ Lands, Settlement & SurveyAdvance, Settlement, Discharged Soldiers, Land Board
🗺️ Statutory Declaration for Discharged Soldiers Settlement Advance
🗺️ Lands, Settlement & SurveyStatutory Declaration, Discharged Soldiers, Settlement, Advance
🗺️ Option to Purchase Form
🗺️ Lands, Settlement & SurveyOption to Purchase, Property, Land, Sale
🗺️ Memorandum of Mortgage under Discharged Soldiers Settlement Amendment Act
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