Connecticut Mortgage Deed
Agreement made on the day of , 20 , between
of ,
(Names of Mortgagors) (Street Address)
, jointly referred to herein as Grantor, and
(City, County, State, Zip Code)
, of ,
(Names of Grantees) (Street Address)
, jointly referred to herein as Grantee;
(City, County, State, Zip Code)
For and in consideration of the sum of $10.00, cash in hand paid, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
Grantor does now give, grant, bargain, sell, and confirm to Grantee, their successors and assigns
forever, that certain parcel of land situated in , Connecticut,
(Name of County)
located at , referred to herein as the Premises, and
(Street Address, City, County, State, Zip Code)
being more particular described as follows:
(Legal Description of Property);
Together with all rights, easements, tenements, hereditaments, and appurtenances appertaining
to the same and together with all buildings now or later placed on the Premises, and all fixtures
now or to be attached to or used in connection with the Premises; and, in addition, all household
appliances that are, and shall be deemed to be, fixtures and a part of the Premises;
To have and to hold the Premises granted and bargained above, with the appurtenances of the
same, to Grantee, their successors and assigns forever, to their own proper use.
Also, Grantor does hereby covenant with Grantee, their successors and assigns, that Grantor is
well seized of the Premises as a good and indefeasible estate in fee simple, and has good right to
bargain and sell the same in the manner and form as is written above, and that the same are free
from all encumbrances whatever, except as mentioned above.
Furthermore, Grantor does, by this Deed, bind Grantor, and the heirs, successors, and assigns of
Grantor forever, to warrant and defend the Premises granted and bargained above, to Grantee,
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their successors and assigns, against all claims and demands whatever, except as mentioned
above.
The condition of this Deed is such that since Grantor is justly indebted to Grantee for
$ as evidenced by Grantor's Promissory Note (the Note) for that sum of even
(Dollar Amount of Note)
date with this Deed, payable to Grantee or order, for value received, with interest from date at the
rate set forth in the Note, payable .
(Terms of Payment)
Furthermore Grantor, for Grantor, and the heirs, executors, administrators, successors, and
assigns of Grantor, covenants with Grantee, their successors and assigns, and agrees:
I. TAXES AND INSURANCE. To pay on demand to Grantee simultaneously with the
payment of installments of principal and interest (and together in one aggregate sum), amounts
estimated by Grantee to be sufficient to fully pay the amounts of all taxes, assessments, and
insurance premiums on the Premises within the period ending one month prior to the due date of
such taxes, assessments, and insurance premiums. Any such aggregate payment made by Grantor
to Grantee shall be applied by Grantee: (i) to pay for the taxes, assessments, and insurance
premiums; (ii) to pay interest on the Note; and (iii) to reduce the principal balance of the Note.
II. TAXES AND ASSESSMENTS NOT OTHERWISE PROVIDED FOR;
EMERGENCY REPAIRS.
A. If the total of the payments made by Grantor, as provided in this Deed, exceeds
the amount of the payments actually made by Grantee for taxes and assessments or
insurance premiums, the excess shall be credited by Grantee on subsequent payments of
the same nature to be made by Grantor. If, however, the payments made by Grantor are
not sufficient to pay taxes and assessments or insurance premiums when the same
become due and payable, then Grantor shall pay to Grantee any amount necessary to
make up the deficiency on or before the date when the payment of such taxes,
assessments, or insurance premiums become due. If, at any time, Grantor tenders to
Grantee in accordance with the provisions of the Note, full payment of the entire
indebtedness represented by the Note, Grantee shall, in computing the amount of the
indebtedness, credit to the account of Grantor the unused balance of all payments
accumulated. If there is a default under any of the provisions of the Note or this
Mortgage, Grantee shall be and now is authorized and empowered to apply, at any time
after the default, the balance then remaining in the funds accumulated as a credit against
the principal or interest of the Mortgage indebtedness or both.
B. To pay promptly, before the same become delinquent, all taxes and assessments
of any kind that may be laid within Connecticut on the Premises or any part of them, on
the interest of Grantee in the Premises, or on the Note or debts secured by this Mortgage
for which provision shall not otherwise be made in this Deed, and any other
governmental or municipal charges for which lien rights exist; and to further properly
make and pay the cost of emergency repairs needed to protect the property, which
emergency repairs Grantee is authorized and empowered to make on behalf of Grantor if
Grantor fails to make them promptly.
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III. HAZARD INSURANCE. Grantor shall:
A. Keep all buildings on the Premises insured against loss by fire to an amount
satisfactory to Grantee and against such other hazards that may reasonably be required by
Grantee, in insurance companies approved by Grantee, with loss, if any, payable to
Grantee;
B. D eposit the insurance policies with Grantee, and claim no cancellation or return
of any policy or premium, except from and after the redemption of this Mortgage;
C. Keep the buildings and other improvements on the Premises in as good repair and
condition as at this time, ordinary wear and tear only excepted; and
D. Perform all the conditions and covenants contained in this Deed and in the Note
secured by it.
If insurance premiums are not paid as provided, or if the above taxes or assessments or
governmental or municipal charges or the cost of emergency repairs are not paid as provided,
Grantee, whether electing to declare the whole Mortgage due and collectable or not, may and is
now authorized to pay such taxes, assessments, governmental or municipal charges, insurance
premiums, or the cost of emergency repairs (irregularities in the levy or assessment of taxes
being waived), and all such payments with interest from the time payment at the rates set forth in
the Note plus % per annum shall be a lien against the Premises, and this Mortgage
shall stand as security for their repayment.
Failure to pay any such advance with interest within months from the
(number of months)
date of the advance shall constitute a default, rendering the entire debt, including the advances,
together with all accrued interest, immediately due and payable without notice at the option of
Grantee.
IV. ADDITIONAL SECURITY. As further additional security for the performance of the
terms and conditions of this Mortgage, and for the payment of the amounts stipulated in the Note
secured by this Mortgage, Grantor agrees that they will not assign the rents accruing from the
Premises except to Grantee. In case of default, as provided in the Note, and so long as the default
continues, Grantee is hereby authorized and empowered to enter on the Mortgaged Premises, to
maintain and repair the same as needed, and to collect and receive the rents from the Premises
and apply the same, after the payment of necessary expenses, to the payment of amounts due on
the Note. For this purpose, and in case of such default, Grantor assigns, transfers, and sets over to
Grantee the rents accruing from the Premises during the period of the default. Grantor shall
perform every obligation of any lessor(s) and shall enforce every obligation of the lessee(s) in
every lease that is assigned to Grantee or any tenancy in which the rents are assigned to Grantee,
and shall not modify, alter, waive, or cancel any such lease or any part of it nor anticipate for
more than one month any rents that may be collectible under the lease(s) or that may have been
assigned to Grantee, and shall not assign any such lease(s) or any such rents. Grantee at their
option, and for the purpose of affecting performance of all such obligations, may make
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application to any court of competent jurisdiction for the appointment of a receiver of rents for
the Premises, and shall be entitled to the appointment of the receiver immediately. Nothing
contained in this Deed shall impair or affect any right or remedy that Grantee might now or later
have, were it not for this provision; and the remedy here given shall be in addition to any others
which Grantee may have.
V. LATE CHARGE. Grantee may collect a “late charge” not to exceed an amount equal
to % of any installment of interest, principal, taxes, assessments, and insurance that
is not paid within days of the due date of the installment, to cover the extra expense
(Number)
involved in handling such delinquent payment.
VI. FORBEARANCE NOT A WAIVER. Grantee's failure to exercise any rights under this
Deed on any default shall not be deemed a waiver or relinquishment of their right to do so, with
respect to the default or on any subsequent default.
VIII. BINDING EFFECT. The covenants in this Deed contained shall bind, benefit and inure
to, the respective heirs, executors, administrators, successors, and assigns of the Grantor and
Grantee. Whenever used, the singular number shall include the plural, the plural the singular, and
the use of any gender shall include all genders.
IX. GOVERNING LAW. This Mortgage is to be governed by and construed in
accordance with the laws of Connecticut.
Now, therefore, if the Note first above described, and all additional notes which,
in accordance with the provisions of this instrument, shall be secured by this Mortgage, shall be
well and truly paid according to their tenure, and if all agreements and provisions contained in
the Note and in this Mortgage are fully kept and performed, then this Mortgage shall become
null and void; otherwise it shall remain in full force and effect.
Grantor has executed this Mortgage on .
(Date of Execution)
By: By:
(Signature of Mortgagor) (Signature of Mortgagor)
(Printed Name of Mortgagor) (Printed Name of Mortgagor)
Acknowledgment
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State of Connecticut
ss.
County of
(Name of County)
On this , before me, ,
(Date of Acknowledgment) (Name of person taking acknowledgment)
the undersigned officer, personally appeared ,
(Name of Grantor and Name of Grantor)
(known to me or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed the same for the purposes therein
contained.
In witness whereof, I hereunto set my hand and official seal.
Notary Public
SEAL
My Commission Expires
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