800
THE NEW ZEALAND GAZETTE.
[No. 28

on making such payment state in writing to the grantor that
such sum is not to be deemed to be an advance or readvance
and repayment of the same is not secured by these presents.
28. All powers and duties conferred by these presents upon
the grantee or directed or implied by statute shall (on behalf
of the grantee) be exercisable and may be performed in his
own name by the Commissioner of Crown Lands for the time
being for the
Land District.
29. The grantor shall deliver all milk and/or butter, and/or
cream, and/or butterfat, the produce of the cows in or for
the time being bound by this security (excluding the milk,
butter, or cream required by the grantor for
personal
consumption), to the
at
, or such
other company or firm as may be subsequently appointed
by the grantee in writing, and shall give to the grantee an
irrevocable order on the said company to receive the whole
or such portion of the gross amount payable by the said
company for the purchase of the said milk, and/or butter,
and/or cream, and/or butterfat, as the grantee may from
time to time direct.

In witness whereof the grantor ha hereunto subscribed
name this day of , one thousand nine
hundred and
....................

THE FIRST SCHEDULE HEREINBEFORE REFERRED TO.

The pigs, sheep, cattle, horses, implements, and other
chattels of the grantor now in or upon or used by the grantor
in connection with the farming, grazing, and working of .
The particulars of the said pigs, sheep, cattle, horses, imple-
ments, and other chattels are as follow:—

THE SECOND SCHEDULE HEREINBEFORE REFERRED TO.

[Signature.]
Signed by the above-named
in the presence of

SECOND SCHEDULE.
Form No. 6.
Under the Discharged Soldiers Settlement Act, 1915.
MEMORANDUM OF MORTGAGE.

(hereinafter called “the mortgagor”), being
registered 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 under-
written 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-way,
privileges, or easements, if any, intended to be conveyed; if
the land to be dealt with contains all that is included in an exist-
ing 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 ha , applied for an advance
under the provisions of the Discharged Soldiers Settlement
Act, 1915, and the amendments thereof, from His Majesty the
King (hereinafter called “the mortgagee”), and the Minister
of Lands has authorized the granting of such advance.

Now, therefore, in consideration of all moneys now advanced
or which are now or which may at any time hereafter become
due and owing or payable by the mortgagor to the
mortgagee, the mortgagor doth hereby covenant with the
mortgagee as follows:—

1. That the mortgagor will upon demand pay to the
   mortgagee all the said moneys now advanced and further
   advances and all other moneys which may be owing by the
   mortgagor to the mortgagee under these presents (including
   rent, interest, or other charges falling due upon the land leased
   from or held under security to the mortgagee and above
   described), and also will upon demand pay the balance due
   upon the account current between them, the mortgagor and
   the mortgagee: Provided always, and it is hereby declared that
   the words “further advances” and the words “upon demand”
   whenever herein used shall have the meaning given to them
   respectively by the Chattels Transfer Act, 1924, and also
   that the words “will upon demand pay the balance due upon
   the account current between them” shall (mutatis mutandis)
   have the meaning given to them by the Chattels Transfer
   Act, 1924.

2. That the mortgagor will pay interest, on the balance
   for the time being of the said account current, at the rate of
   pounds per centum per annum, on the first day of
   January and July in each and every year. All moneys owing
   by the mortgagor to the mortgagee at the date of the
   execution by the mortgagor of these presents shall be
   included in the said account current, and if the mortgagor
   shall at any time have more than one current account open
   with the mortgagee all the provisions hereof shall apply to all
   such current accounts.

3. That the mortgagor may at any time, without previous
   notice of intention so to do, repay the whole or any portion of
   the moneys advanced.

4. That the mortgagor will forthwith insure, and so long
   as any money remains owing on this security will keep insured,
   all buildings and erections for the time being situated 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 neces-
   sary 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 mort-
   gagee, who shall also be entitled to the exclusive custody of
   all policies of insurance.

5. That the mortgagor will from time to time, so long as
   any money remains owing on this security, well and sub-
   stantially 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 servants, to enter
   upon the said land to view and inspect the said buildings and
   improvements.

6. That if the mortgagor fail or neglect 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 such 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.

7. 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.

8. 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 per
   centum per annum computed from the date or dates of such
   moneys being expended.

9. That in the case of lands held under lease or license the
   mortgagor will at all times punctually pay the rent or other
   payments reserved by, and faithfully perform and observe
   all the covenants and conditions contained in, the lease or
   license herein mentioned; and that if he/they fail or neglect
   so to do it shall be lawful for but not obligatory on the mort-
   gagee so to do at the cost and expense in all things of the
   mortgagor.; and all moneys so expended by 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 per centum per annum computed from
   the date or dates of such moneys being expended, and in the
   meantime such sums of money with interest at the rate afore-
   said shall be added to the sum expressed to be hereby secured.

10. That the mortgagor will at all times cultivate and
    manage the mortgaged land in a skilful and proper manner,
    and according to the rules of good husbandry, and will comply
    with the provisions of the Noxious Weeds Act, 1928, and the
    Rabbit Nuisance Act, 1928, and the amendments thereof
    respectively, and will promptly pay all rates, taxes, and other
    outgoings payable in respect of the said land above described.

11. 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 repugnant
    to these presents.