New Jersey § 46:9-1

§ 46:9-1.

A mortgage may be made in the following form or to like effect: “This mortgage, made the ․․․․․․․․․․․․ day of ․․․․․․․․․․․․․․ 19․․․․, between ․․․․․․․․․․․․․․․․․․․․ (here insert name and residence of mortgagor), mortgagor, and ․․․․․․․․․․․․․․․․․․․․ (here insert name and residence of mortgagee), mortgagee. Witnesseth, that to secure the payment of an indebtedness in the sum of ․․․․․․․․․․․․ dollars, lawful money of the United States, to be paid on the ․․․․․․․․․․․․ day of ․․․․․․․․․․․․, 19․․․․, with interest thereon to be computed from ․․․․․․․․․․․․․․․․ at the rate of ․․․․․․․․․․․․ per cent per annum and to be paid ․․․․․․․․․․․․․․, according to a certain bond or obligation bearing even date herewith, and in consideration

of one dollar, the mortgagor ․․․․․․․․․․ hereby mortgages to the mortgagee In witness whereof the said mortgagor ․․․․․․․․․․․․․․․․․․․․ has hereunto set ․․․․․․․․․․․․ hand ․․․․ and seal ․․․․ the day and year first above written. The above form or words to like effect shall be construed to have the same force and

effect as the following: “This indenture, made the ․․․․․․․․․․․․ day of ․․․․․․․․․․․․․․, in the year of our Lord one thousand nine hundred and ․․․․․․․․․․, Between ․․․․․․․․․․․․․․․․․․․․, of the ․․․․․․․․․․․․․․․․․․․․․․․ of ․․․․․․․․․․․․․․․․․․, in the county of ․․․․․․․․․․․․․․․․․․․․ and state of ․․․․․․․․․․․․․․․․․․․․, party of the first part; And ․․․․․․․․․․․․․․․․․․․․․․, of the ․․․․․․․․․․․․․․․․․․․․․․․ of ․․․․․․․․․․․․․․․․․․․․․, in the county of ․․․․․․․․․․․․․․․․․․ and state of ․․․․․․․․․․․․․․․․․․․․, party of the second part; Whereas the said ․․․․․․․․․․․․․․․․․․․․․ is justly indebted to the said party of the second part, in the sum of ․․․․․․․․․․․․․․ dollars, lawful money of the United States of America, secured to be paid by his

certain bond or obligation, bearing even date with these presents, in the penal sum

of ․․․․․․․․․․․․․․ dollars, lawful money as aforesaid, conditioned for the payment of the first mentioned

sum of ․․․․․․․․․․․․․․․․ dollars, lawful money as aforesaid, to the said party of the second part, his executors,

administrators or assigns, on the ․․․․․․․․․․․․ day of ․․․․․․․․․․․․, which will be in the year one thousand nine hundred and ․․․․․․․․․․․․․․․․․, and interest thereon, to be computed from ․․․․․․․․․․․․․․․․․․ at and after the rate of ․․․․․․․․․․․․ per cent per annum, and to be paid ․․․․․․․․․․․․․․․․․․․; Now this indenture witnesseth, that the said party of the first part, for the better

securing the payment of the said sum of money mentioned in the condition of the said

bond or obligation, with interest thereon, according to the true intent and meaning

thereof, and also for and in consideration of the sum of one dollar to him in hand

paid by the said party of the second part at and before the ensealing and delivery

of these presents the receipt whereof is hereby acknowledged, has granted, bargained,

sold, aliened, released, conveyed and confirmed, and by these presents doth grant,

bargain, sell, alien, release, convey and confirm unto the said party of the second

part, and to his heirs (or successors) and assigns forever. Together with all and singular the buildings, improvements, ways, trees, waters, watercourses,

rights, liberties, privileges, tenements, hereditaments and appurtenances thereunto

belonging or in anywise appertaining, and the reversion and reversions, remainder

and remainders, rents, issues and profits thereof. And also all the estate, right, title, interest, property, possession, claim and

demand whatsoever, as well in law as in equity, of the said party of the first part,

of, in and to the same, and every part and parcel thereof. To have and to hold the above granted and described premises, with the appurtenances,

unto the said party of the second part, his heirs and assigns, to his and their own

proper use, benefit and behoof forever. Provided, always, and these presents are upon this express condition, that if the

said party of the first part, his heirs, executors, administrators, successors or

assigns, shall well and truly pay unto the said party of the second part, his executors,

administrators, successors or assigns, the said sum of money mentioned in the condition

of the said bond or obligation, and the interest thereon, at the time and times and

in the manner mentioned in the said condition, according to the true intent and meaning

thereof, that then these presents, and the estate hereby granted, shall cease, determine

and be void. In witness whereof, the said party of the first part ha ․․․․ hereunto set ․․․․․․․․․․․․ hand ․․․․ and seal ․․․․ the day and year first above written.